Acts and resolutions of the General Assembly of the state of Georgia 1976 [volume 2]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19760000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1976 19760000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1976 HENRY G. McKEMIE BRIDGE DESIGNATED. No. 89 (House Resolution No. 484-1322). A Resolution. Authorizing and directing the State Department of Transportation to designate a bridge in Clay County, Georgia, as the Henry G. McKemie Bridge; and for other purposes. Whereas, Mr. Henry G. McKemie was born on November 20, 1895, in the Zetto community of Clay County; and Whereas, he served as a County Commissioner of Clay County for 14 years and as a member of the Georgia House of Representatives for six years; and Whereas, the naming of a new bridge across the Chattahoochee River connecting Fort Gaines and the State of

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Alabama will be a fitting and proper memorial to Mr. Henry G. McKemie. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transporation is hereby authorized and directed to designate the bridge spanning the Chattahoochee River between Fort Gaines and the State of Alabama as the Henry G. McKemie Bridge. Be it further resolved that the State Department of Transporation is hereby authorized and directed to erect an appropriate marker at each end of the bridge in honor of Mr. Henry G. McKemie. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Tom Moreland, Commissioner of the State Department of Transporation; the Chairman of the Board of Commissioners of Clay County, Georgia; and Mr. Henry G. MeKemie. Approved January 22, 1976. CITY OF MADISONCHARTER AMENDEDTERMS OF OFFICERS CHANGED, ETC. No. 758 (House Bill No. 1267). 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, particularly by an Act approved March 18, 1974 (Ga. L. 1974, p. 2182), and an Act approved March 11, 1975 (Ga. L. 1975, p. 2679), so as to change the terms of office of the mayor and councilmen; to provide for the election of the mayor and councilmen by a plurality vote; to provide for a mayor pro tempore; to provide for other matters relative

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to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, particularly by an Act approved March 18, 1974 (Ga. L. 1974, p. 2182), and an Act approved March 11, 1975 (Ga. L. 1975, p. 2679), is hereby amended by striking Section IV in its entirety and inserting in lieu thereof a new Section IV, to read as follows: Section IV. The present mayor and the two councilmen of said city who were elected in 1975 shall continue to serve until march 31, 1977, and until their successors are duly elected and qualified. On the third Tuesday in March, 1976, an election shall be conducted in said city to elect successors to the two councilmen who were elected in 1974. Successors to the two councilmen who were elected in 1974 shall assume office on April 1, 1976, and serve for an initial term of office of three years each and until their successors are duly elected and qualified. On the third Tuesday in March, 1977, an election shall be conducted in said city to elect the successors to the mayor and two councilmen who were elected in 1975. Successors to the mayor and two councilmen who were elected in 1975 shall assume office on April 1, 1977, and serve for a term of office of four years each and until their successors are duly elected and qualified. Beginning on the third Tuesday in March, 1979, and on the third Tuesday in March biennially thereafter, an election shall be conducted in said city to elect the mayor and councilmen whose terms of office expire in 1979 and in subsequent odd-numbered years. Successors elected at such elections shall assume office on the first day of April following their election and shall serve for terms of office of four years each and until their successors are duly elected and qualified. The mayor and councilmen shall each be elected by a plurality vote of the qualified electors of said city. At the first meeting of the mayor and council of said city after each election or as soon as practicable thereafter, one of said councilmen shall be elected by the

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mayor and council to serve as mayor pro tempore for a term of office of two years and until his successor is duly elected and qualified. Terms. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 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, particularly by an Act approved March 18, 1974 (Ga. L. 1974, p. 2182), and an Act approved March 11, 1975 (Ga. L. 1975, p. 2679), so as to change the terms of office of the mayor and councilmen; to provide for the election of the mayor and councilmen by a plurality vote; to provide for a mayor pro tempore; to provide for other matters relative to the foregoing; and for other purposes. This 22 day of December, 1975. /s/ 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 which is the official organ of Morgan County, on the following dates: December 25, 1975 and January 1, 8, 1976. /s/ E. Roy Lambert Representative, 112th District

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Sworn to and subscribed before me, this 12th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 2, 1976. FULTON COUNTYJUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND ACT AMENDED. No. 763 (House Bill No. 251). An Act to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, particularly by an Act approved March 26, 1968 (Ga. L. 1968, p. 2864), so as to change the conditions of eligibility for membership and pension benefits of the district attorney of the Superior Court of Fulton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County approved January 31, 1946 (Ga. L. 1946, p. 299) as amended, particularly by an Act approved March 26, 1968 (Ga. L. 1968, p. 2864) is hereby amended by striking from section 2 of said Act approved March 26, 1968 (Ga. L. 1968, p. 2864) the sign and figures $18,000 and substituting in lieu thereof the sign and figures $24,000. 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 in a newspaper in which sheriff's

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advertisements for Fulton County are published of intention to apply for local legislation at the next regular session 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 therefor. John Greer Representative 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 organ of Fulton County, on the following dates: December 10, 17 and 24, 1974. /s/ John W. Greer Representative, 43rd 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 December 18, 1976. (Seal). Approved February 3, 1976.

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CITY OF BERLINNEW CHARTER. No. 765 (House Bill No. 994). An Act to provide a new Charter for the City of Berlin, 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 Berlin, repealing and replacing the charter provided by an Act of the General Assembly approved February 14, 1950 (Ga. L. 1950, p. 2398), as amended. The City of Berlin, 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 Berlin, 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 Berlin 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 Berlin, at all times, shall be shown on a map to be retained permanently in the city hall. Alterations in these boundaries shall be indicated by appropriate entries upon or additions

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to such map. Such entries or additions shall be made by and under the direction of the mayor. 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 Berlin, 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 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

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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 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 or change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, 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

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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; (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 liquids and 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;

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(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 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

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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 tax as necessary to insure the acquiring, constructing, equipping, 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 imposed 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 recorder'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

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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 Berlin which, while not constituting offenses against the laws of this State, 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 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

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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 and phrases granting powers but shall be

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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 Berlin 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 of Berlin 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 Berlin, 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.

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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 of Berlin for a period of six months immediately prior to the date of the election of mayor or councilmen; (2) he continues to reside within the City of Berlin during his period of service; (3) he is registered and qualified to vote in municipal elections of the City of Berlin; 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; Forefiture 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 of this charter. Section 2.13. Compensation and Expenses . The mayor and councilmen shall receive as compensation for their services the amount of $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. 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.

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(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 Berlin 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 Berlin and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may by ordinance change, create, alter, abolish or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. Section 2.20. Chief Executive Officer . The mayor shall be the chief executive of the City of Berlin. 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 granted to him in this charter.

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Section 2.21. Duties of Mayor . As the chief executive officer of the City of Berlin, 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; (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 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) suspend any appointed city employee or officer for

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cause, said suspension to be in effect until the next meeting of the council wherein the question of the employee or officer's capability shall be decided by the council; (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 cause, 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 of the month following the city elections. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members by the mayor, or mayor pro tem., or anyone authorized to administer oaths, 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 Berlin 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.

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(b) Special meetings of the council may be held on call of the mayor or in his absence the mayor pro tem. 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 special 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. 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 Berlin hereby ordains.....

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(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 they have been given three readings before the council. 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 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 clerk pursuant to Section 2.37.

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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 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 Berlin, 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 Berlin 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. Compiler's note: The enrolled act does not show Sections 2.23 to 2.29. 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

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of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established. The council 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 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. 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.

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(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 obligation 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 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 the council. (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 of its members as vice chairman for terms of one year. Each board, commission or authority may elect one of its members as secretary or may appoint an employee of the city as secretary. 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

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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. 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 money 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.

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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 Berlin 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 Berlin. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation . There is hereby established a court to be known as the Recorder's Court of the City of Berlin 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 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

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enacted amendatory thereof. Said court shall be presided over by the recorder of said court. Section 4.11. Recorder . (a) 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. (b) 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 exercise the same powers and duties as the recorder when acting in the recorder's stead. (c) Before entering on the duties of his office, the recorder 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 recorder's court shall try and punish for crimes against the City of Berlin 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 $30.00 or five days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $300.00 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 of the cost of meals,

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transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The recorder'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 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 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 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 Berlin 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 Berlin granted by state laws generally to mayor's, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances.

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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. 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 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 recorder'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 second Monday in January of odd-numbered years, there shall be an election for three councilmen, said councilmen to serve for two years. On the second Monday in January of even-numbered years, there shall be an election for mayor and two councilmen, said mayor and 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. Qualifying, Voting Procedures . The council

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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 elections in the City of Berlin. Section 5.20. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Berlin 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 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 or Elected Officers . 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

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(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 either of the following methods: (a) By action of unanimous vote of the entire membership of the council; provided, however, that if the person sought to be removed is a member of the council, then he shall not vote. In such case, the 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 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. Compiler's note: The enrolled act does not show Sections 5.22 to 5.29. 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 Berlin. 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 authorized to provide for sufficient levy to pay

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principal and interest on general obligations. The City of Berlin 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, when such taxes shall 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 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 Berlin, 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 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

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full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer Service Charge . The council may provide by ordinance for the assessment and collection of fees, charges and tolls for sewer services rendered both within and without the corporate limits of the city, said fees 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 and enforceable in the same manner and under the same procedures as a lien for city property taxes. Section 6.16. Sanitary and Health Services Charge . The council shall have the authority to 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 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. They shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be

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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 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 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 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.

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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 for 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; 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 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 Berlin. (b) The council may sell and convey any real or personal property owned or held by the City of Berlin 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.

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(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. Compiler's note: The enrolled act does not contain Sections 6.19, 6.23 to 6.29. Compiler's note: The enrolled act does not contain Sections 6.33 to 6.39. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds . The officers and employees, both elected and appointed, of the City of Berlin 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 Berlin 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 Berlin 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 shall be punishable by a fine of not more than $300.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 7.13. Specific Repealer . An Act incorporating the

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City of Berlin in the County of Colquitt, approved February 14, 1950 (Ga. L. 1950, p. 2398), 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 Berlin, Ga. to provide for all matters relative thereto and for other purposes. 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: December 26, 1974 and January 2, 9, 1975. /s/ Dorsey R. Matthews Representative, 145th District

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Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Approved February 3, 1976. COUNTIESCOUNTY TREASURERCOMPENSATION. (32,70033,400). No. 767 (House Bill No. 1179). An Act to authorize the governing authority in counties having a population of not less than 32,700 and not more than 33,400, according to the 1970 United States Decennial Census or any future such census, to determine the compensation of the county treasurer; to provide certain limitations; 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 authority in each county of this State having a population of not less than 32,700 and not more than 33,400, according to the 1970 United States Decennial Census or any future such census, is hereby authorized to determine the compensation to be received by the county treasurer, provided that such compensation shall not exceed $4,800.00 per annum. Compensation. 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 February 3, 1976.

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TOWN OF AUBURNCHARTER AMENDEDMEMBER ATTENDANCE, ETC. No. 768 (House Bill No. 1261). An Act to amend an Act creating 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), and by an Act approved April 17, 1975 (Ga. L. 1975, p. 3209), so as to provide that the mayor and council shall have the power to compel the attendance of its members at any regular or special meeting of the council; to provide that certain absences shall be deemed as neglect of duty and cause for removal from office; to provide for records; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the 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), and by an Act approved April 17, 1975 (Ga. L. 1975, p. 3209), 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. (a) 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.

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(b) The Mayor and Council shall have the power to compel the attendance of its members at any regular or special meeting of the Council. If the Mayor or any Councilman shall be absent from four (4) or more meetings of the Council during a term of office, without the consent of a majority of the Council, it shall be deemed a neglect of duty and cause for removal from office. Any action taken in excusing or removing the Mayor or any Councilman shall be recorded in the minutes of the meeting. The Clerk of the town is required to record the presence or absence of the Mayor or any Councilman in the minutes of the meeting of each and every Council meeting. Attendance. 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 1976 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the town of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended, so as to provide that the mayor and council shall have the power to compel the attendance of its members at any regular or special meeting of the council to provide that certain absences shall be deemed as neglect of duty and cause for removal; and for other purposes. This 8th day of December, 1975. Vinson Wall, Representative 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 The Winder News which is the official organ of Barrow

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County, on the following dates: December 17, 1975, December 23, 1975 December 30, 1975. /s/ Vinson Wall Representative, 61st District. Sworn to and subscribed before me, this 8th day of January, 1976. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved February 3, 1976. MADISON COUNTYTAX COMMISSIONERSALARY CHANGED. No. 769 (House Bill No. 1286). An Act to amend an Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, the Tax Commissioner and the Coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, approved March 31, 1965 (Ga. L. 1965, p. 3068), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, the Tax Commissioner and the Coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, approved

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March 31, 1965 (Ga. L. 1965, p. 3068), 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 receive an annual salary of $12,000.00 payable in equal monthly installments from the funds of Madison County. Tax commissioner. Section 2 . Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Section 3 . This Act shall become effective January 1, 1977. 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 1976 session of the General Assembly of Georgia, a bill to change the compensation provisions relative to the tax

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commissioner of Madison County; to provide an effective date; and for other purposes. This 12th day of December, 1975. Louie M. Clark, Representative, 13th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark 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 Danielsville Monitor which is the official organ of Madison County, on the following dates: December 19, 26, 1975 and January 2, 1976. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 6th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Approved February 3, 1976. TOWN OF UVALDACHARTER AMENDEDFRANCHISE PROVISIONS CHANGED. No. 770 (House Bill No. 1306). An Act to amend an Act creating a new charter for the Town of Uvalda, approved March 13, 1957 (Ga. L. 1957, p. 2929),

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so as to change the provisions relating to the granting of franchises; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to amend an Act creating a new charter for the Town of Uvalda, approved March 13, 1957 (Ga. L. 1957, p. 2929), is hereby amended by striking section 45 in its entirety and inserting in lieu thereof a new section 45, to read as follows: Section 45. The mayor and council shall also have full power and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electric lights, electric power, sewerage, or any of them, to the town and its inhabitants and to make such contracts with such persons, firms, or corporations for water, electric lights, electric power, sewerage or any of them, as the mayor and council may deem proper. The mayor and council of the Town of Uvalda are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and effectuate this Section. Franchises. 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 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Uvalda, approved March 13, 1975 (Ga. L. 1957, p. 2929), so as to change the provisions relating to the granting of franchises; and for other purposes. This 16th day of December, 1975. L. L. Phillips, Representative, 120th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following dates: December 24, 30, 1975 and January 6, 1976. /s/ L. L. Phillips Representative, 13th District Sworn to and subscribed before me, this 13th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Approved February 3, 1976. CITY OF GLENWOODCHARTER AMENDEDFRANCHISE PROVISION CHANGED. No. 771 (House Bill No. 1307). An Act to amend an Act creating a new charter for the City of Glenwood, approved March 21, 1958 (Ga. L. 1958, p. 2935), as amended, so as to change the provisions relating to the granting of franchises; 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 Glenwood, approved March 21, 1958 (Ga. L. 1958, p. 2935),

Page 2548

as amended, is hereby amended by striking section 44 in its entirety and inserting in lieu thereof a new section 44, to read as follows: Section 44. The mayor and council shall also have full power and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electric lights, electric power, sewerage, or any of them, to the town and its inhabitants and to make such contracts with such persons, firms, or corporations for water, electric lights, electric power, sewerage or any of them, as the mayor and council may deem proper. The mayor and council of the City of Glenwood are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and effectuate this Section. Franchises. 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 1976 session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the City of Glenwood, approved March 21, 1958 (Ga. L. 1958, p. 2935), as amended, so as to change the provisions relating to the granting of franchises; and for other purposes. This 16th day of December, 1975. L. L. Phillips Representative, 120th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of

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Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: December 24, 31, 1975 and January 7, 1976. /s/ L. L. Phillips Representative, 120 District Sworn to and subscribed before me this 13 day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Approved February 3, 1976. DECATUR COUNTYSUPERIOR COURT CLERK PLACED ON SALARY. No. 772 (House Bill No. 1322). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Decatur 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

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of the Superior Court of Decatur County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2 . The clerk of the superior court shall receive an annual salary of $11,000.00, plus the additional sum of $100.00 per month as compensation for his services as Clerk of the State Court of Decatur County, payable in equal monthly installments from the funds of Decatur 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 Decatur 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,

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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'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 Decatur 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 the undersigned will introduce in the 1976 regular session of the General Assembly of Georgia a bill placing the Clerk of Decatur Superior Court on a salary as provided by Georgia Code section 24-2750 et seq. This 10th day of December, 1975. Walter E. Cox Representative, 141st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox who, on oath, deposes and says that he is Representative from

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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 13, 20 and 27, 1975. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 12th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 3, 1976. CITY OF BACONTONNEW CHARTER. No. 780 (House Bill No. 1092). An Act to provide a new Charter for the City of Baconton, Georgia, in the County of Mitchell; 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 municipal services and regulatory functions; to provide for general provisions; to provide for other matters relative thereof; 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:

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ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation . The City of Baconton, Georgia, in the County of Mitchell, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Baconton, Georgia. Under that name, the City of Baconton 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 Baconton 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 Baconton, at all times, shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: Baconton, 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 city clerk 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

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the government of the City of Baconton, 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 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;

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(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 for 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 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 or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; (11) to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) to provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentive, 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;

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(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 liquids and 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 and 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;

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(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 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 and 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 collection of such service charges; (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 and 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 the same; (27) to charge, impose, and collect a sewer connection fee

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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 of Baconton 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 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 Baconton; 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 sentences in any public works or on the streets, roads, drains, and squares of 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 of Baconton; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Baconton which, while not constituting an offense against the laws of the State of Georgia, are nevertheless 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;

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(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 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, railroads, 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 firms, persons, 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;

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(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 Baconton; (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 or 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 Baconton 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 of

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Baconton 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 Baconton 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 and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he had been a resident of the City of Baconton for a period of one year immediately prior to the date of the election of mayor and councilman. Neither shall any person be eligible to serve as mayor or councilman unless he continues to reside in the City of Baconton during his period of service, unless he is registered and qualified to vote in municipal elections of the City of Baconton, and unless he meets the qualification standards required for members of

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the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Filling of; Forfeiture of Office . (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) 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. (c) 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. Section 2.13. Compensation and Expenses . The mayor shall receive as compensation for his services an amount not to exceed $5.00 per meeting at which he is in attendance. Councilmen shall receive as compensation for their services the amount of $2.50 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, 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.

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Section 2.15. Code of Ethics . The council shall adopt by ordinance a Code of Ethics which shall apply to all officials, appointed officers, and employees of the City of Baconton. Section 2.16. 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. 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 provided by ordinance. Section 2.17. General Power and Authority of the Council . (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Baconton as provided by Article 1 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/or property, health, welfare, sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Baconton. The council 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 in this charter. Section 2.20. Duties of Mayor . The mayor shall: (a) preside at all meetings of the city council;

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(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) appoint all committees; (f) vote only in case of a tie vote among the councilmen; (g) be the chief administrative officer of the city. Section 2.21. 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 by 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 the mayor as long as such absence or disability shall continue. Section 2.30. Organization Meeting . (a) The council shall meet for organization on the fourth Monday in May. 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 Baconton 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 a mayor pro tem. The mayor pro tem. shall serve for a term of one year and until his successor is elected and qualified.

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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 three 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 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 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 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.

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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 Baconton 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. Upon introduction of any ordinance, the city clerk shall assure that the citizens of Baconton have access to said ordinance. 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 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

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of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.36. Codes of Technical Regulations . (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of section 2.34 for insuring public access to ordinances 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 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; 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 city 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 Baconton, 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.

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(c) The council shall cause each ordinance and each amendment to this charter to be printed periodically following its adoption. Following publication of the first Code of the City of Baconton 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 or other rules and regulations in the code. Compiler's note: The enrolled act does not contain Sections 2.22 to 2.29 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 the council 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. The council 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 councilmen. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of

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the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointed 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 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) 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 of the city shall assume office until he shall have been administered by 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 Baconton 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 and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.

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(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 of Baconton shall elect one of its members as chairman and one member as vice chairman for terms of one year. Each board, commission or authority may elect as its secretary one of its own members or it 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 as it deems appropriate and necessary for the conduct of its affairs; provided, however, that no bylaws, rules, and regulations may be adopted which are inconsistent with this charter, ordinances of the city, or applicable state law and that copies of said bylaws, rules, and regulations shall be filed with the city clerk. Section 3.20. 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 of Baconton. 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 3.30. 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 3.31. City Tax Collector . The council may appoint

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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, and foreclosure of taxes by municipalities. Section 3.32. City Accountant . The council may appoint a city accountant to perform the duties of an accountant. Section 3.33. 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 3.40. 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 Baconton 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 the pay plan. Section 3.41. 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 Baconton. Compiler's note: The enrolled act does not contain Sections 3.12 to 3.19, 3.21 to 3.29. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation of Municipal Court . There is hereby established a court to be known as the Municipal Court

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of the City of Baconton which shall have jurisdiction and authority to try offenses against the 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; 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 corporate 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. The municipal court shall be presided over by the judge of the municipal 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. Should both the judge and the 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 unless he shall be a resident of the City of Baconton. 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 or disqualification 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 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 . The municipal court shall be

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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 Baconton and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt; provided, however, that such punishment shall not exceed $25.00 or five days' labor in a city work gang or on the streets, sidewalks, squares, or other public works. The municipal court may fix punishment for offenses within its jurisdiction; provided, however, that such punishment shall not exceed a fine of $100.00 or 20 days' labor in a city work gang or on the streets, sidewalks, squares, or other public works, or both. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi 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 Baconton, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

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(d) The 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 laws. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Baconton 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 Mitchell 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 accept in part or in toto the rules and regulations relative to the procedure or the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for the municipal court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all

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defendants in municipal court proceedings at least 48 hours prior to said proceedings. Compiler's note: The enrolled act does not contain Sections 3.34 to 3.39 ARTICLE V ELECTIONS Section 5.10. Regular Elections; Time and 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 second Tuesday in May of even-numbered years, there shall be an election for the office of mayor, said mayor to serve for two years, and for two councilmen, said councilmen to serve for two years. On the second Tuesday in May of odd-numbered years, there shall be an election for three councilmen, said councilmen to serve for two years. The terms of office of members of the council shall begin at the day and hour of taking of oath of office as provided in 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 rules and regulations as may be necessary for the conduct of elections in the City of Baconton. Section 5.20. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Baconton 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, for any cause whatsoever, become vacant, 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

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the term of office, such vacancy in office 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 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; (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; provided, however, that if the elected 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 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 Mitchell

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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 Mitchell County as provided by law. Compiler's note: The enrolled act does not contain Sections 5.12 to 5.19 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 Baconton. 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 of Baconton 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 Baconton 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 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

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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 Baconton, 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 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 Baconton to provide for the cost and expense of 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 and enforceable in the same manner and under the same remedies as a lien for city property taxes.

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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 Baconton and benefitting 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, which lien shall be superior to all other liens except 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 6.17. 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 also 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

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fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transfere 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 6.19. 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 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 6.30. 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 may provide by ordinance the procedures and requirements for the preparation, adoption, and execution of an annual operating budget, a capital improvement program, and a capital

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budget including requirments 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 Baconton. 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 approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City af Baconton. 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 any special meeting called for such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the funds to which it applies. Section 6.34. Capital Improvements Budget . (a) The city clerk and the finance committee may submit to the council a proposed capital improvements budget with their 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, provided that such authorization is passed by two-thirds vote of the membership of the council. (b) 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, however, that the mayor may submit amendments to the capital improvements budget, accompanied

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by his recommendations thereon, at any time during the fiscal year. 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 contract 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 Baconton. (b) The council may sell and convey any real or personal property owned or held by the City of Baconton 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 of Baconton. (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

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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. Compiler's note: The enrolled act does not contain Sections 6.22 to 6.29. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Streets . (a) The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise exercise complete control over the streets, alleys, squares, and sidewalks of the City of Baconton. (b) 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 of the city; and to contract to furnish the services of any of said systems to consumers outside the corporate limits of the City of Baconton. 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 of the city. For these purposes the city is granted the power of eminent domain both within and

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without the corporate limits of the city. The council may provide by ordinance for reasonable connection fees for tapping onto the water and sewer lines of the 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 may issue executions 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 Baconton shall have the right, easement, and franchise of laying the necessary mains, pipes, conduits and drains for waterways and sewerage system purposes along the highways in the County of Mitchell without cost. The city 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. The council shall also have full power and authority to protect the water works and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of the city. Section 7.14. Eminent Domain . The council is hereby empowered to acquire, construct, build, operate, and maintain public ways, parks, playgrounds, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, cultural, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities, and any other public improvements inside or outside the city and to regulate the use thereof. For such purposes, property may be taken under 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,

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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 Baconton, regardless whether or not the subject has an office or establishment within the City of Baconton. The council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses; provided, however, 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 of Baconton. 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 the streets of the City of Baconton. The power is hereby conferred upon the council to grant franchises for the use of the city's streets and alleys by railroads, streets 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, and laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of 30 years and no franchise shall be granted unless the city receives, as determined by the city council, 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 the city clerk. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.22. Building and Housing Regulations . The council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary

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or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipment of buildings, in order to promote the safety and welfare of the citizens of the City of Baconton and to guard against fire or other property damage. This power may, in the discretion of the council, be exercised by adoption of any of 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. The council 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. Compiler's note: The enrolled act does not contain Sections 7.15 to 7.19 ARTICLE VIII GENERAL PROVISIONS Section 8.10. Official Bonds . The officers and employees of the City of Baconton, both elected and appointed, 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 and Regulations . Existing ordinances and regulations of the City of Baconton 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 Baconton not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 8.12. Penalties . The violation of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor punishable by a fine of not more than $100.00 or imprisonment not to exceed 20 days of work on the streets, sidewalks, squares,

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or other public works of the City of Baconton, or both such fine and imprisonment. Section 8.13. Specific Repealer . An Act incorporating the City of Baconton in the County of Mitchell, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2828), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 8.14. Severability . If any Article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each Article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 8.15. Effective Date . This charter shall become effective upon May 1, 1975. 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 in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Baconton, 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, Marcus Collins who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell

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County, on the following dates: December 27, 1974 and January 3, 10, 1975. /s/ Marcus Collins Representative, 144th 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 February 13, 1976. CITY OF HOGANSVILLENEW CHARTERREFERENDUM. No. 784 (House Bill No. 1364). An Act to create a new charter for the City of Hogansville, in Troup County, Georgia, heretofore made a body politic and corporate, by Act approved March 12, 1941 (Ga. L. 1941, p. 1505), and previous Acts of the General Assembly of Georgia, and to reincorporate said city; to repeal all prior Acts of the General Assembly of the State of Georgia pertaining to the City of Hogansville, except as to schools, and except rights, powers, and authority with respect to city utilities; to organize the municipal government thereof; to authorize the appointment and removal of a city manager; to prescribe the corporate limits; to provide for a mayor and a city council of the city and their function, authority, powers, duties, qualifications and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment and removal, qualifications, duties, authority and compensation of the officers and employees of the city; to provide for the authority of the city council over

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said officers and employees; to provide for the creation of boards, commissions and departments and provide for the regulation thereof; to prescribe the qualifications of electors and voters, and the manner of holding elections in the city; to provide for the registration of voters; to prescribe the qualifications of candidates for municipal elections; to establish a recorder's court, provide for appointment of a recorder as presiding officer thereof; to establish the jurisdiction powers and duties of the recorder; to provide for public works and local improvements, the power of eminent domain for the condemnation of private property therefor; and the levy of assessments therefor; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation and to limit the same; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to prescribe the effect of this Act upon present officers of the city; to provide for the preservation of existing ordinances and laws not inconsistent with this Act, and the repeal of conflicting laws, and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act; and for the violation of ordinances and regulations enacted pursuant thereto; to define terms used in said Act; to repeal provisions of an Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended; to repeal certain other acts affecting said city; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. INCORPORATION Section 1.01. Incorporation; name, style, designation, authority as body politic and corporate . The City of Hogansville, in Troup County, heretofore made a body politic and corporate by Acts of the General Assembly of said state, under the name of the City of Hogansville, shall continue a body politic and corporate, known by the corporate name of the City of Hogansville, hereinafter also referred to as the city.

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As a body politic and corporate, the city shall have authority to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and bylaws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this state or of the United States, with authority in and by its corporate name to sue and be sued, plead and be impleaded in all courts, and have and use a common seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its city council, shall have all of the authority, powers and privileges incident to municipal corporations under the laws of the State of Georgia, and all other authority necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city. Section 1.02. Repeal of prior acts . This Act shall constitute the whole charter of the city, repealing and replacing the charter approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, particularly by the following Acts, as well as all prior charters and amendments and the same are hereby repealed; except as provided in Section 8.01 and Section 7.04. Ga. L. 1967, p. 2346; Ga. L. 1968, p. 2525; Ga. L. 1971, p. 2801; Ga. L. 1972, p. 2415; Ga. L. 1973, p. 3400; Ga. L. 1973, p. 3402; Ga. L. 1973, p. 3404; Ga. L. 1973, p. 3447; Ga. L. 1973, p. 3450; and Ga. L. 1974, p. 2203. Section 1.03. Definitions and rules of construction . (a) As used in this charter the following meanings, respectively, shall be given to the following terms, unless otherwise specifically provided or a different meaning is apparent from the context: Aforesaid means next before. Agency shall mean any office, court, utility, board, commission, institution, or other organization in charge of administering any public function or municipal affair of the city.

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City shall refer to the municipal corporation, Hogansville, Georgia, or the territory embraced within the boundaries of the municipality, dependent upon the context. City Limits shall refer to and mean the territory embraced within the boundaries of the city. Company means corporation. Council or City Council shall mean the persons elected councilmen as provided in this charter. County or this county shall mean the County of Troup, in the State of Georgia. Day means a full day of twenty-four (24) hours, commencing at midnight, Eastern Daylight Savings Time or Eastern Standard Time, whichever applies at the point in time of reference. Elector means a person residing within the city who is qualified to vote therein. Executive Session means a call meeting of mayor and council wherein no voting takes place or minutes kept. Following means next after. Governing body or governing authority shall mean the city council of this city, or any lawfully constituted legislative body hereafter provided for the city. In may be the equivalent of on. Is may mean shall be. May ordinarily denotes permission and not command; where it concerns the public interest or affects the rights of third persons, it will be construed to mean must or shall. Mayor means the person duly elected the chief executive officer.

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Month means a calendar month. Next means in the nearest time, just after, immediately following. Oath includes affirmation. Officer shall mean and include the mayor, councilmen, members 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. Or is ordinarily to be understood in the disjunctive sense, but will be construed as and when necessary to effectuate a legislative intent manifested by the context and surrounding circumstances. Person shall include individuals, firms, partnerships, associations, companies, corporations and all legal entities. When used with reference to the omission or commission of acts required or forbidden, it shall include persons, as above defined, participating in such omission or commission of acts, and their agents, employees and servants, acting within the scope of their authority and so participating. Preceding means next before. Property includes real and personal property. Shall means mandatory. State or this state shall mean the State of Georgia, in the United States of America. Street means street, sidewalk and public way and places used for travel, and shall include bridges thereon. Until a certain day or hour includes all of such day or hour. While means pending or during the time.

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Writing includes printing and numerals. Year means a calendar year. (b) Terms not defined herein, but which are defined in the laws of the State of Georgia, shall have the meanings given in said laws. (c) The following rules shall govern in the construction of the provisions of this charter: (1) Unless otherwise expressly or by necessary implication provided, the ordinary signification shall be applied to all words, except words of art or trade or words connected with a particular subject matter, which shall have the signification attached to them by experts in such art, trade or subject matter. (2) The present or past tense shall include the future. (3) The masculine gender shall include the feminine and neuter. (4) The singular or plural number shall each include the other, unless expressly or by necessary implication included. (5) A joint authority given to any number of persons or officers may be executed by a majority of them, unless otherwise expressly provided. (6) Substantial compliance with a requirement of any provision of this charter, especially on the part of officers of the municipality, shall be deemed sufficient, unless otherwise expressly or by necessary implication provided. (7) When a number of days, months or years is prescribed for the exercise of any privilege or the discharge of any duty, only the first or last day shall be counted; and if the last day shall fall on Sunday or a legal holiday, another day shall be allowed in the computation.

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(8) Grammatical errors shall not vitiate; and a transposition of words, phrases and clauses may be resorted to when a sentence, clause or phrase is without meaning as it stands. (9) The object of the construction of this charter shall be to ascertain the intention of the enacting authority; and to that end there shall be kept in view at all times the old law, the evil, the remedy and the surrounding circumstances. Section 1.04. Corporate boundaries . The corporate limits of the city shall be as described below: (a) Beginning at a point in the center of Main Street where same crosses the Atlanta and West Point Railroad main line, as the center of said city, measure three-fourths (3/4) of a mile in each direction east, south and west and as far north as the south end of the Atlanta and West Point Railroad trestle or bridge where same crosses Yellow Jacket Creek. Then at the ends of said lines drawn toward the east, south and west from said center draw lines at right angles to same until the east and west lines intersect the lines drawn on the South, and then at the end of said trestle or bridge draw a line parallel to the line drawn on the south and extend same until it intersects the east the east and west lines, thereby making said corporate limits in the form of a rectangle extending one and one-half (1) miles from east to west and one and nine-twentieths (1 ) miles, more or less, from north to south. (b) All that tract or parcel of land lying and being in the Hogansville District, Troup County, Georgia, and being more particularly described as follows: Beginning at a point where the eastern boundary of the City of Hogansville intersects with the north edge of Boyd Road and running thence north 79 degrees east a distance of 1253 feet to a point and running thence north 69 degrees east 235.5 feet; running thence north 1/2 degree west 257 feet to a point; running thence north 88 degrees east 77.5 feet to a point; running thence north 2 degrees east 398 feet to a point; running thence north 88 degrees east 341 feet to a point; running thence north 15 degrees west 1350 feet to a point;

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running thence north 1 degree west 1641 feet to a point; running thence north 88 degrees east 1382 feet to a point; running thence north 1/2 degree west 2742 feet to a point; running thence in a westerly direction along the southern boundary of Blue Creek to the south side of the Blue Creek Bridge crossing; thence westerly 80 feet to a point; thence northerly 80 feet to a point; thence easterly 80 feet to a point; thence in a northwesterly direction 770 feet along the western boundary of Blue Creek; thence south 84 degrees west 2152 feet; thence south 27 degrees east 77 feet to present city limit line. (c) All that tract or parcel of land containing 422.824 acres, more or less, in land lots 128 and 129 of the eleventh (11th) land district and land lots 8 and 9 of the twelfth (12th) land district of Troup County, Georgia, more particularly described as follows: Beginning at an iron pin marking the point of intersection of the south line of the existing city limits of the City of Hogansville and west line of the right-of-way of U. S. Highway 29, and running thence in a westerly direction for a distance of 346.6 feet to an iron pin; thence in a southerly direction for a distance of 175 feet to an iron pin; thence in a westerly direction for a distance of 90 feet to an iron pin; thence in a southerly direction for a distance of 1530.72 feet to an iron pin; thence in a easterly direction for a distance of 642.24 feet to an iron pin on the east right-of-way line of a county road, which is an extension of Oak Street; thence in a southwesterly direction following the curvature of such county road for a distance 846.67 to an iron pin; thence in a southwesterly direction along the eastern right-of-way line of said county road for a distance of 1647.41 feet to an iron pin marking the point of intersection of the east right-of-way line of said county road and the south line of land lot 8 of the twelfth (12th) land district of Troup County, Georgia; thence in an easterly direction along the south line of land lot 8 for a distance of 1718.62 feet to an iron pin marking the southeastern corner of land lot 8, which is also on the line dividing the eleventh (11th) and twelfth (12th) land districts in Troup County, Georgia, and which is also the western line of land lot 129 of the eleventh (11th) land

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district of Troup County, Georgia; thence in a southerly direction along the western line of land lot 129 for a distance of 58.07 feet to an iron pin marking the southwest corner of land lot 129; thence in an easterly direction along the southern line of land lot 129 for a distance of 2873 feet to the point of intersection of the south line of land lot 129 with the west right-of-way line of the Mountville-Hogansville public road; thence in a northerly direction along the right-of-way line of the Mountville-Hogansville public road for a distance of 4972.26 feet to the point of intersection of the west margin of the Mountville-Hogansville public road as extended to the north margin of Boyd Road, which point is also on the existing city limit line of the City of Hogansville; thence in a westerly direction along the northern right-of-way line of Boyd Road and the existing city limit line for a distance of 96.75 feet to a concrete monument; thence in a southern direction for a distance of 704 feet along the existing city limit line of the City of Hogansville to a point; thence in a westerly direction along the existing southern line of the Hogansville city limit line for a distance of 4019 feet to a point on the western right-of-way line of U. S. Highway 29, which is the point of beginning. (d) All that tract or parcel of land situate, lying and being in land lot 22 of the twelfth (12th) land district of Troup County, Georgia and being contiguous to the city limits of the City of Hogansville and more particularly described as follows, to-wit: Beginning at the intersection of the northeastern right-of-way line of West Main Street (also known as State Route 54) and the present existing corporate boundary of the City of Hogansville, Georgia, said point being marked by an iron pin and having plane coordinates of east 267,256.17 and north 1,156,046.95; run thence due north along the present corporate boundary to a point in the center line of Yellow Jacket Creek, the point is unmarked but has coordinates east 257,256.17 and north 1,157,258.95; run thence southwesterly and following the meander of the center line of Yellow Jacket Creek to the intersection of Yellow Jacket Creek center line and northeastern right-of-way of State Route 54, the point is unmarked

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but has coordinates east 266,723.52 and north 1,157,057.21; run thence in a southeastern direction south 27 degrees 48 minutes east for a distance of 1142.08 feet to the point of beginning. The above described tract has an area of 7.5 acres and is located in land lot 22 of the twelfth (12th) land district of Troup County, Georgia. (e) All that tract or parcel of land containing 46.8 acres, more or less, in land lots 22, 23, 42, and 43 of the twelfth (12th) land district of Troup County, Georgia, more particularly described as follows: Beginning at a point where the west line of the existing city limits of the City of Hogansville intersects the center line of Yellow Jacket Creek and running thence south 27 degrees 48 minutes east along the west line of the existing city limits of the City of Hogansville for a distance of 1142.08 feet; running thence in a southerly direction along said west line of the existing city limits for a distance of 1675 feet, more or less; running thence north 88 degrees 15 minutes west for a distance of 861.4 feet to a concrete marker; thence north 1 degree 14 minutes west for a distance of 1000 feet to a concrete marker; thence north 78 degrees 45 minutes west for a distance of 113 feet to a concrete marker, thence north 13 degrees 30 minutes west for a distance of 322 feet to the center line of Yellow Jacket Creek; running thence in a northeasterly direction along the meanderings of the center line of said Yellow Jacket Creek for a distance of 1,450 feet, more or less, to the point of beginning. (f) All those portions of land lots 98, 127, 128 and 129 in the eleventh (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 eleventh (11th) land district of Troup County, Georgia. Section 1.05. Form of government . The government of the city shall be vested in a city council, constituted and elected as provided in this charter. Section 1.06. Vesting of rights, etc . All properties, titles,

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easements, hereditaments, privileges, related rights and powers belonging or in any way appertaining to the City of Hogansville as heretofore incorporated, are hereby vested absolutely in the City of Hogansville, incorporated under this Act in the same manner and to the same extent as they were had by said former city. Section 1.07. Assumption of debts, etc . The City of Hogansville, created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities and undertakings of said city as heretofore incorporated. Section 1.08. Existing ordinances . All ordinances, bylaws, rules and regulations, now in force in the city, not inconsistent with this charter, are hereby declared valid and of force and effect until amended or repealed by the city council. Section 1.09. Continuation in office of mayor and councilmen, and other officers . The mayor and councilmen who are serving in these offices of the city at the time of the approval of this charter, shall continue to serve in their respective offices for and during the full terms for which they were elected. Other officers shall continue in office until removed or replaced as provided by law or ordinance. Section 1.10. Vacancy in office on moving from city . The removal of the mayor or any councilman or any appointive officer (unless specifically excluded herein) from within the limits of the city shall automatically vacate the office he may hold and said vacancy shall be filled as provided for in this charter. Section 1.11. Conflict of interests . No officer of the city shall have any interest in any contract, either directly or indirectly, to which the city is a party; neither shall any member of the council be allowed to vote upon any question that he has any personal interest in whatever, but this section shall not be construed to prevent the council from voting a member reasonable compensation for extra services

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performed, or expense incurred by him in performing the duties required of him as a member of council. No person, holding any office in the city, shall, during the time for which he was elected or appointed, be capable of contracting with the city or its fully constituted officers, for the performance of any work or services or the sale of any goods, 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 contract, either by himself or by another, directly or indirectly. ARTICLE II. CITY COUNCIL AND MAYOR Section 2.01. Composition . The governing body of the city shall be the city council, composed of five (5) councilmen, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this charter. Section 2.02. Qualifications of mayor and councilmen . To be eligible for the office of mayor or councilman, elected or appointed, a person shall be at least twenty-one (21) years of age and shall meet the requirements of a qualified voter of the city, as prescribed by state law, shall have been a bona fide resident of the city for at least one (1) year next preceding the election in which he offers as a candidate and shall continue to reside therein during his term of office. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless he has received a full pardon and has all rights of citizenship restored. Section 2.03. Holding other office, voting when personally interested . (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.

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Section 2.04. Organization meeting; official oath; mayor pro tem . 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 by the city attorney to the newly elected members as follows: I do solemnly swear that I will well and truly perform the duties 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 one (1) year and until his successor is elected and qualified. Section 2.05. Meetings, regular and special . (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 prior to recess of said regular meeting, 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 (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 (8) 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 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, excluding the final passage of an ordinance previously introduced.

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(c) All meetings of the council shall be public, except executive sessions. (d) A notice of all special meetings shall be posted at City Hall immediately after said meeting is called and prior to the beginning of said meeting; said notice shall state the date and time of said meeting and the purpose for which it is called. A copy of said notice shall be affixed to the minutes of said meeting. Section 2.06. Compelling attendance . The council may adopt procedures and penalties for compelling the attendance of absent members. Section 2.07. Rules of procedure; journal; punishment for contempt . (a) 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. (b) The council may punish for contemptuous behavior conducted before it while in session. Section 2.08. 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) councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 2.09. Salaries; reimbursement of expenses . The salaries of the mayor and each councilman shall be as prescribed by ordinance, subject to any limitations on the taking effect of same as prescribed by law. The council may also provide by ordinance for the reimbursement of expenses incurred in the performance of their official duties as mayor and councilmen.

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Section 2.10. Removal from office . (a) Grounds for removal . The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Wilful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform therein; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. (b) Procedure for removal . Removal of an elected officer from office may be accomplished by one of the following methods: (1) By action of two-thirds ([UNK]) 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 no 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 Troup County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the court of ordinary. (2) By information filed in the Superior Court of Troup County as provided by law. Section 2.11. Vacancy; forfeiture of office; filling of

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vacancies. (a) Vacancies : The office of mayor or councilmen shall become vacant upon the incumbents death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the state. (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; (2) is convicted of a crime involving moral turpitude; or (3) fails to attend regular council meetings for a period of time as provided by ordinance. (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 follows: 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, unofficially codified as Title 34A of Georgia Code Annotated, as now or hereafter amended. Section 2.12. Duties generally . The members of the city council shall meet at each of the regular meetings and at all special or call meetings, unless providentially prevented from attending, and shall devote as much time as may be necessary to the legislative matters of the city and attend to legislative affairs of the city, and shall perform such other duties as is now required of them by law or ordinances or by the charter. Section 2.13. 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

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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 2.14. Powers and duties of the mayor . The mayor shall be the chief executive officer of the city government, presiding officer of the city council, and responsible for the enforcement of laws, rules, regulations, ordinances and franchises in the city. He shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. He shall vote on matters before the city council only in case of a tie. He shall have the right to veto any ordinance or resolution, if in his judgment, such is not to be the best interest of the city. He shall have the authority to appoint committees of the council, to investigate the various departments and to supervise the policy formulation of the various departments, if he so selects. Section 2.15. City legislation-general authority . 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, or the constitution and the laws of the state, 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, and may enforce the same by imposing penalties for violation thereof. Section 2.16. Same-enactment and enrollment of measures . (a) Generally . Except as herein provided, every official action of the council which is to become law, shall be introduced in writing and in the form required for final adoption and approved in form by the city attorney. No ordinance shall contain a subject which is not expressed in its title, except that an ordinance adopting a Code of Ordinances or a published code may do so by reference, and this requirement shall be deemed to have been met without enumerating

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the various matters contained in such codes. The enacting clause shall be The Council of the City of Hogansville, hereby ordains..... (b) Introduction, etc . 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. No ordinance shall be considered for final adoption unless two weeks has elapsed since the introduction of the ordinance. Upon the 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. (c) 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 (3) councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty (60) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section for adoption of emergency ordinances.

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(d) Signing, authenticating, recording, codification; printing . (1) The clerk shall authenticate by his signature and record 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. (2) 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 and shall be published promptly, together 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 Hogansville, 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. (3) 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 Hogansville 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. (e) Submission to mayor . The mayor, within seven (7) 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

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law at 12:00 noon on the seventh calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of the reasons for his veto. The clerk shall record upon the ordinance the date and time of its delivery to and receipt from the mayor. 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, or three (3) members if any member of the council abstains it shall become law. Section 2.17. Boards, etc. The city council shall have the power and authority to establish, appoint and maintain such boards, commissions and committees as in its judgment the needs of the city require. All members of said boards, commissions, and committees shall be residents of the City of Hogansville and subject to approval and/or review at the first meeting of the city council in January of each year. ARTICLE III. CORPORATE POWERS Section 3.01. Schedule . The corporate powers of the city, to be exercised by the city council, shall include, but shall not be limited to, the following: (a) General . To exercise all powers and authority provided in Section 1.01 of this charter. (b) Enactment of ordinances, etc. 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. (c) Codification of ordinances . To edit, revise and codify the general and permanent ordinances of the city and cause such ordinances to be published as the Code of Ordinances. (d) Emergency situations . To establish procedures for determining and proclaiming that an emergency situation

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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. (e) Corporate limits . To fix the corporate limits of the city, subject to the general laws of the state. (f) Departments, offices, etc . To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon those agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; and to make investigations into the conduct thereof as authorized in this charter. (g) Elections . To provide the manner and time for city elections, and to prescribe the qualifications of all electors and voters therein and to legislate, regulate and administer all matters pertaining to absentee voting in municipal elections. (h) Contracts and agreements for service . 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. (i) Intergovernmental cooperation . To cooperate with any department or agency of the state or federal government, or any political subdivision of the state, in making of public improvements and doing the things which contribute to the health, morals, comfort and general welfare of the citizens of the city, and for this purpose may expend such public funds as are necessary to effectuate said purpose. (j) Merit systems, insurance, retirement . To establish and maintain a merit system, retirement system and insurance plans for officers and employees of the city; and to provide the methods of financing such systems and plans. (k) Property acquisition, etc . To acquire, dispose of and

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hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, within and without the city. (l) Appropriations generally, expenditures . To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purpose for which a municipality is authorized by the laws of the state, and to provide for the payment of expenses of the city. (m) Appropriations and borrowing for payment of debts; issuance of bonds . To appropriate and borrow money for payment of the debts of the city, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. If a special assessment is levied to retire a particular bond or finance a special project, said assessment shall automatically terminate when said bond is retired or project paid. (n) Property tax levy and collection . To levy and to provide for the assessment, valuation and reevaluation of and collection of taxes on, all property subject to taxation; and to contract with any city, county or other governmental or political subdivision for any service in connection with the taxation process authorized by state law, including without limitation, the ministerial acts of billing and collection of city ad valorem taxes. (o) Exempting property from taxation . To exempt property from taxation. (p) Back taxes . To provide for the collection of back taxes and penalties thereon. (q) Special assessments . To levy and provide for the collection of special assessments to cover the costs for any public improvements. (r) License fees and taxes . To levy and provide for the collection of license fees and taxes on privileges, occupations,

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trades, and professions and to provide for the manner and method of payment of such license fees and taxes. (s) Permits and fees . To provide for the issuance of permits and for the revocation thereof, and to prescribe fees for the issuance thereof. (t) Taxes for advertising the city and for hospitals, libraries, etc . To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital, commercial, manufacturing and other enterprises into the city if approved by a majority of voters voting in a special referendum for said purpose; and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals, libraries, and other municipal facilities. (u) Laying out etc., public ways . To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of and light streets, roads, alleys, sidewalks, walkways, and other public ways, provided however no public way shall be abandoned or closed unless a public hearing is held prior to the enactment of said measure by council. (v) Control of public ways . To regulate and control public streets, roads, alleys, sidewalks, walkways and other public ways; and to prevent the blocking of streets, roads, alleys, sidewalks, walkways, and other public ways, and railroad crossings. (w) Public facilities and improvements . To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, quarries, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, communication, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements, within and without the city, and to regulate

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the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted. (x) Schools . To provide for the appropriation of funds to the school system for the use of schools, for the delegation of authority to the school commissioners or other school administrative body; to provide for the supervision of schools and of school funds; to provide that the city shall not be liable for any obligation of the commissioners or other such body of the school system, without express authority. (y) Traffic regulations . To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, sidewalks, walkways and other public ways of the city. (z) Vehicles for hire . To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; and to require public liability insurance on such vehicles in amounts prescribed by ordinance. (aa) Executions . To issue executions for the collection of any debt or claim due said city, arising by ordinance, or by contract, express or implied, by tort, or otherwise. Said executions may issue and be satisfied as provided in Article VI of this charter or as otherwise authorized by law. (bb) Filing claims against city . To provide for the filing of claims against the city and for the barring of such claims unless properly filed. (cc) Condemnation . To condemn property, inside or outside of the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under section 36-202 of the Code of Georgia of 1933, or under other applicable Public Acts, as are or may be enacted. (dd) Ownership, etc. of utilities generally . To acquire,

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lease, construct, operate, and maintain 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, within and without the city, and to fix the taxes, charges, rates, fares, fees, assessments, and regulations for same, and penalties and withdrawal of service for refusal or failure to pay same or to abide by such regulations, and the manner in which such remedies shall be enforced. (ee) Sewer charges . 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 sewer system and to levy on the users of sewers and the sewer 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; and to charge, impose and collect sewer connection fees and to change the same from time to time; such fees to be levied on the users connecting with the sewer system. (ff) Collectiona and disposal of garbage, refuse, recyclable materials . To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse and to regulate the collection of glass, tin, aluminum, cardboard, paper and other recyclable materials 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; to take all necessary and proper means for keeping the city free from garbage, trash and filth; to levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services, to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges.

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(gg) CATV . To acquire rights-of-way and easements for, purchase, construct, own, sell and dispose of, maintain, operate, extend and improve a cable television system, within and without the city, subject to the provisions of applicable state law, and to prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided, and to impose 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. (hh) Franchises . To grant franchises or make contracts for public utilities and public services, but not limited to those stated above, not to exceed periods of thirty (30) years. The council may prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with laws of the state. (ii) Health and sanitation . To prescribe health and sanitation standards and to provide for the enforcement of such standards. (jj) Pollution control . To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams, ponds, and other bodies of water within the city or owned by the city. (kk) Zoning, planning and subdivisions . 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, and other uses of property; or for the purpose of regulating the height and location of the buildings, fences and other structures; for the purpose of regulating the alignment of buildings or other structures near street frontages; for the purpose of preserving buildings, structures or areas having national, regional, state or local historic significance; and for the purpose of maintaining or improving the aesthetic appearance of any buildings, structures or areas. The zoning regulations may be based

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upon any one or more of the purposes, above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the city council shall deem best to accomplish the purposes of the zoning regulations. The council may prescribe regulations for the subdividing or platting of property. (ll) Fire limits, fire prevention and protection . 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. (mm) Building construction and repair . To establish minimum standards for and to regulate the erection and construction and repair of buildings and other structures, electrical wiring and equipment, gas installation and equipment, plumbing, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; to adopt by reference building, housing, plumbing, electrical, gas, mechanical, and heating and air conditioning codes; and to regulate all housing, building, and building trades, and to license all building trades and to license the construction and erection of buildings and all other structures. (nn) Dangerous structures . To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public. (oo) Adoption of published codes, etc . To adopt by reference any codes, publication or compilation of rules, regulations, specifications, standards, limitations, or requirements by an agency of the federal or state government or by a municipality, by a trade association or other organization generally recognized as an authority in its field of activity. (pp) Signs, etc . To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees,

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shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets, roads or other public ways, or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances. (qq) Police power . To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental or likely to be detrimental to the health, morals, safety, security, peace, convenience, or general welfare of the inhabitants of the city, within the city and on any property outside of the city and owned by the city. (rr) Animals and fowl . To regulate, license, tax or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment thereof for violation of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; and to provide punishment for violations of ordinances enacted under this subsection. (ss) Nuisances . To define a nuisance in the city and to provide for its abatement, whether on public or privte property. (tt) Alcoholic beverages . To regulate and control the use, manufacture, sale or transportation of alcoholic beverages, and license and tax the same. (uu) Loitering, disorderly conduct, etc . To adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the city and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct or activity within the 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. (vv) Peddlers, shows, etc . To regulate and control the

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conduct of peddlers and itinerant trades, theatrical performances, exhibitions, and shows, of any kind whatever by taxation or otherwise. (ww) Dangerous activities or conditions . To regulate or prohibit junk dealers, pawn shops, the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property. (xx) Penalty for violation of ordinances, etc . To provide that upon the conviction of the violation of any ordinance, code, rule, regulation, or order the offender may be punished within limitations prescribed by this charter and the laws of the state. (yy) Arrest and bail . To provide for arrest and appearance bonds or bail of offenders against city ordinances or regulations and to provide for the forfeiture and collection of said bonds; and to exercise the power of arrest through duly appointed policemen. (zz) Working prisoners . To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets, and for the commitment of such persons to any county work camp or jail, by agreement with the appropriate governmental officials. (aaa) Additional powers generally . To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution and other laws of the state.

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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 public acts of the state. Section 3.02. 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 3.03. 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 therefor, 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. ARTICLE IV. ELECTIONS Section 4.01. Election of mayor and councilmen . Beginning with the year 1976, and biennially thereafter, an election shall be held in the city on the first Wednesday in December, at which election a mayor and two (2) councilmen shall be elected who shall serve from the first Monday in January of the year following, for a term of two (2) years, and until their successors are elected and qualified. On the first Wednesday in December, 1977, and biennially thereafter, three (3) councilmen shall be elected, who shall serve from the first Monday in January of the year following for a term of two (2) years and until their successors are elected and qualified. Section 4.02. Qualifications and registration of electors.

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Electors in city elections shall be qualified and registered as provided in Title 34A, Georgia Code Annotated. Section 4.03. Conduct of elections generally . City elections shall be conducted as provided for by Title 34A, Georgia Code Annotated, and as provided for by ordinance or resolution of the council adopted pursuant to said Title 34A. Challenges to electors shall be determined as provided in Title 34, Georgia Code Annotated. ARTICLE V. ADMINISTRATION Section 5.01. Continuation of existing organization . The administrative service of the city shall continue as presently organized, except as otherwise provided in this charter, and except as otherwise provided hereafter by ordinance. Section 5.02. Establishing etc., 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 herein or 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 ordinance of the council. Each department shall consist of such officer, 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 city manager and council.

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Section 5.03. City clerk . The city council shall appoint a city clerk who shall serve at the pleasure of the council. The city clerk shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of 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 council. Section 5.04. City attorney . The city council shall appoint a city attorney and assistant city attorneys if necessary, who shall serve at the pleasure of the council. 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 council be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, city manager 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 council. Section 5.05. Recorder's court . (a) There shall be a court known as recorder's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by a recorder or an acting recorder, as in this charter provided, in the council room or such other place as the council may designate. (b) Said court shall have power and it shall be the duty of the recorder, or acting recorder: (1) To preserve order, compel the attendance of witnesses, resident within or without the limits of the city, to continue cases, assess bail for the appearance of the accused party, to punish for contempt by imprisonment in jail not exceeding ten (10) days or a fine of not exceeding ten dollars ($10.00), one or both.

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(2) Upon conviction, to sentence any offender to labor upon the streets or other public works in said city for a period of not exceeding sixty (60) days; to impose a fine of not exceeding five hundred dollars ($500.00) or to sentence said offender to be confined in the jail or other place of imprisonment in the county not exceeding sixty (60) days either one or more of said penalties. (3) To administer all oaths and perform all other acts necessary in the conduct of said court. (4) In cases where it is made to appear that a state law has been violated, to bind the offenders over to the proper court of Troup County, for trial and to assess bail for their appearance at said court. (c) In the absence of the recorder, or his disqualification, or nonappointment, the mayor may act as such, provided he has taken the oath of a judicial officer. (d) The salary of the recorder shall be fixed by the council. (e) 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 court; provided, however that the council may adopt in part or in total the rules and regulations under the general laws of the state. 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 proceedings in such court at least forty-eight (48) hours prior to said proceedings. (f) The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Troup 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, any person who fails to file his appeal within ten (10) days of the date on his conviction shall be

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deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding. Section 5.06. City managercreation of office, appointment, removal . (a) The office of city manager is hereby created. (b) The city manager shall be appointed by the city council for an indefinite term. He shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office hereinafter set forth. At the time of his appointment he need not be a resident of the city or the state, but during his tenure of office he shall reside within the county. No mayor or councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. (c) The city council may remove the city manager at any time by a majority vote adopting a resolution to that effect. The city manager may, within ten (10) days after notice of adoption of such resolution, reply in writing and may request a public hearing, which shall be held not earlier than twenty (20) nor later than thirty (30) days after the filing of such request. The action of the council in removing the city manager, however, shall be final. Upon his removal as herein provided, the city manager shall be paid forthwith any unpaid balance of his salary for the calendar month in which he is removed and his salary for the next calendar month following. Section 5.07. Samepowers and duties . The city manager shall be the chief administrative officer of the city. He may head one or more departments and shall be responsible to the city council for the proper administration of all affairs of the city. To that end, he shall have power and shall be required to: (1) Appoint and, when necessary for the good of the service, suspend or remove all officers and employees of the city except as otherwise provided by the charter or law,

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and except as he may authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office. He may suspend the head of a department, but all appointments and removals of heads of departments are subject to ratification by the city council; if the city council does not object to said appointments or removals within three days after with notice to the clerk and notice to each member of council it shall be presumed that the city council does not object to said appointment or removal at 12:00 noon of the third day. He shall not have the right to appoint, suspend or remove the city recorder, city attorney or city clerk. (2) Prepare the budget annually and submit it to the city council together with a message describing the important features and be responsible for its administration after adoption. (3) Prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (4) Keep the council advised of the financial condition and future needs of the city, and make such recommendations as he may deem desirable. (5) Recommend to the council a standard schedule of pay for each appointive office and position in the city service, including minimum, intermediate, and maximum rates. (6) Recommend to the council (from time to time) adoption of such measures as he may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. (7) Consolidate or combine offices, positions, departments, or units under his jurisdiction, with the approval of the council. (8) Attend all meetings of the council unless excused therefrom and take part in the discussion of all matters coming before it. He shall be entitled to notice of all regular and special meetings of the council.

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(9) He shall be purchasing agent of the city, by whom all purchases of supplies shall be made subject to the rules and regulations to be prescribed by the council, and he shall approve all vouchers for the payment of same. In the capacity of purchasing agent he shall also conduct all sales of personal property which the council may authorize to be sold as having become unnecessary or unfit for the city's use. All purchases and sales shall conform to such regulations as the council may from time to time prescribe. Competitive bidding shall be required on all major purchases as defined by ordinance. He may issue checks on the city treasury as authorized in section 6.06 of this charter. (10) In case of accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting said emergency; but he shall file promptly with the council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures. (11) All formal contracts to which the city is a party shall be executed in behalf of the city by the city manager and attested by the city clerk, after an approving resolution of the council and approval in form by the city attorney. (12) See that all laws and ordinances are duly enforced. (13) Investigate the affairs of the city or any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the government of the city, and in regard to service maintained by the public utilities in the city, and see that all franchises, permits, and privileges granted by the city are faithfully observed. (14) Devote his entire time to the discharge of his official duties. (15) Perform such other duties as may be required by the council, not inconsistent with this charter, law, or ordinances.

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Section 5.08. Same; compensation; official bonds . (a) The city manager shall receive such compensation as the city council shall fix from time to time. (b) The city manager shall furnish a surety bond to be approved by the council, said bond to be conditioned on the faithful performance of his duties. The premium of the bond shall be paid by the city. The amount of the bond shall be set by the council. Section 5.09. Samevacancy . Any vacancy in the office of city manager shall be filled within sixty (60) days after the effective date of such vacancy. During such vacancy, the council shall discharge the duties and functions of city manager. Section 5.10. Samedesignating acting city manager . By letter filed with the city clerk, the city manager shall designate subject to approval of the council, a qualified city administrative officer to execute the powers and perform the duties of the city manager during his temporary absence or disability. Section 5.11. Mayor and councilmen not to interfere with appointments or removals . Except for the purpose of inquiry, the mayor and councilmen shall deal with the administrative service solely through the city manager and neither the mayor nor any councilman shall give orders to any subordinates of the city manager, either publicly or privately, except in emergency situations or in the absence of the city manager or acting city manager. Section 5.12. Personnel policies . The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment and; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be

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necessary to provide for adequate and systematic handling of the personnel affairs of the city. ARTICLE VI. FINANCE AND TAXATION Section 6.01. 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 6.02. Official bonds . The officers and employees of the city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 6.03. Annual budget, appropriation . (a) The city manager shall at the first regular meeting of council in each fiscal year, submit a budget estimate of the revenue and expenditures of the city for the current year. This estimate shall be compiled from detailed estimates obtained from the several departments of the city on uniform blanks to be furnished by the city clerk. The classification of the estimates shall be as nearly uniform as possible for the main functional divisions of each department, which shall give, in parallel columns the following information: (1) A detailed estimate of the expenses of conducting each department, division or office, for the current year; (2) Expenditures for corresponding items for the past two fiscal years; (3) Amount of material and supplies on hand at the time the estimate was prepared; (4) Increase or decrease of appropriations proposed by each department as compared with corresponding appropriations for previous years; (5) Such other information as may be enlightening; and

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(6) Recommendation as to the amounts to be appropriated with reasons therefor in such detail as may be advisable. (b) At the first regular meeting of each fiscal year, or as soon thereafter as may be done, the appropriation ordinance for the current year shall be passed in such amounts as may be determined, and it shall be unlawful to make expenditures in any department or office of the city in excess of amounts allocated for the particular department or office as set forth in the budget for the current year's expenditures, as approved, except in case of emergency, then for such funds as are approved by the council. (c) At the end of each fiscal year all unexpired balance of appropriations in the treasury shall revert to the general fund and be subject to further appropriations. (d) Any ordinance may be passed as may be necessary to carry out these purposes. Section 6.04. City depositories . The city council, in its discretion, may from time to time, name and appoint as city depositories of city funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. At such time as an Act becomes effective providing that banks and savings and loan associations shall be taxed in the same manner as other corporations are taxed, the city council may also name and appoint as city depositories of city funds any building and loan association or federal savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation. Section 6.05. Contracting procedures . All formal 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 council. Section 6.06. Issuance of checks . All checks drawn on

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the city treasury in payment of discretionary nonbudget items of not over one thousand dollars ($1,000.00) for a new item and two thousand dollars ($2,000.00) for a replacement item may be issued if signed by the city manager and attested by the city clerk. Payment of an amount over one thousand dollars ($1,000.00) for a discretionary new item and two thousand dollars ($2,000.00) for a discretionary replacement item shall have prior council approval and formal contract procedures as defined by ordinance shall be followed. All specific budget items payments may be issued if signed by the city manager and attested by the city clerk. Section 6.07. Ad valorem taxesauthority to levy . The council shall be authorized to levy an ad valorem tax not to exceed fifteen (15) mills on all real and personal property within the corporate limits of the city for the purpose of raising revenue to pay the cost of public education, ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and laws of the state, but not including principal and interest on general obligation bonds. The city is hereby exempted from the provisions of Georgia Code Annotated section 92-4101 through 92-4104 inclusive. Section 6.08. Sameassessment . All property subject to taxation for state or county purposes, assessed as of January first 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 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 6.09. Tax due dates and bills . The council shall provide by ordinance when the taxes of the city shall be paid, and provide for payment in installments or 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 6.10. Collection of delinquent taxes . The council

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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 6.11. Failure to make returns or furnish information . Council shall provide for the punishment of any taxpayer refusing to return property for taxation, or for refusing to comply with a request from the taxing authorities with reference to the producing of any book, paper, record or any other enlightening evidence which may tend to assist the tax assessors in arriving at the true market value of all items returned for taxation, and the council shall fix reasonable rules and regulations for their production. Section 6.12. Back taxes . In case any property subject to taxation, was not assessed by the tax assessors, or returned for taxation, or for any reason has not been assessed for taxation and taxes collected therein, in any year then passed, the assessors may at any time assess said property for said year or years and double tax, if there has been a failure to return as required by law; and the council may provide for double taxation of defaulters, and may cause execution to issue therefor as in other cases, at the rates for the several years in which no taxes were paid. This right shall apply in like manner to property which in the future may be omitted for any cause from return or assessment, and the collection of taxes thereon omitted in any year, and assessments may be made and execution issued hereunder, as well as for years prior to the passage of this charter as thereafter. The council may provide by ordinance for the execution of the provisions of this Section wherever ordinances are necessary. The council shall provide by ordinance for notice to parties whose

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property has been, or may be, assessed for back taxes and the hearing of any complaint. All assessments referred to in this section shall be made by the tax assessors for the city. Section 6.13. Authority to exempt property from taxation . The council shall have the right, power and authority to exempt any real or personal property from taxation, under such terms, restrictions and conditions as may be to the best interest of the city, and not inconsistent with laws of the State, and may exempt property, real or personal, of persons in order to induce such persons to locate new industries in the city, and shall have the right to fix the terms and conditions on which the same may be exempted and to enact such ordinances as may be necessary to accomplish such purpose. Section 6.14. Payment of taxes . The council shall have the power and authority to provide by ordinance when the taxes of the city shall fall due, and in what length of time said taxes may be paid, when tax executions shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the nonpayment of taxes when due, and to charge lawful interest from the due date until said taxes are paid. The council shall have authority to provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and to provide when and how and upon what terms such taxes shall be due and payable; and to authorize the payment of taxes prior to the time when due and allow discounts upon anticipated payments, and in general to fix the terms and methods of payment, and collection of city taxes, in such manner as the council may determine. Section 6.15. Executionshow issued, advertised, levied and method of sales . Execution for any taxes, fines, licenses, fees, assessments, forfeitures, or demands due to the city, or its corporate authorities, against any person or against any specific property subject thereto, shall be issued by the city clerk, signed by him, bear teste in the name of the mayor and be directed to the chief of police and all and singular the sheriffs, deputy sheriffs and constables of this state, commanding them that of any property belonging to the

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defendant against whom said execution is issued, or of the certain property described in the execution, they make by levy and sale the amount due on said execution with costs. The council shall provide by ordinance for advertising of, method of conducting, and all other regulations governing, the sales by the chief of police under city executions. The sheriffs, deputy sheriffs, and constables of this state shall have the same power and authority to levy and collect executions issued by the city as they have to levy and collect executions from the various courts of this state. Section 6.16. Sameobjections to issuance of fi. fa . The council shall cause written notice to be served ten (10) days before the issuance of any execution, requiring cause, if any, to be shown why an execution should not issue, stating in said notice the time and place of hearing. The council shall hear and pass on all objections to the issuance of executions. Any person being dissatisfied with the action of the council may carry the cause to the superior court of the county, in the manner now provided by law for certiorari. Any person being notified and failing to show cause why an execution should not issue against him shall be estopped thereafter from objecting to the issuance and collection of same. Section 6.17. Sameconduct of sales . All sales of personal property made by the chief of police shall be conducted in the same manner as sheriffs' sales. In case of levy upon real estate, he shall advertise same in a newspaper of general circulation in the city, or if none, by posting three (3) or more notices of the sale in conspicuous places in the city for thirty (30) days next before the date of sale. All sales shall be on the first Tuesday in each month at the City Hall, except in cases of levy on livestock or anything perishable or liable to deteriorate in value, in which event the property may be sold on order of the city manager after advertisement of same by posting written notice as above described for three (3) days. In case of sale of realty the chief of police is hereby empowered to make the purchaser a deed to same and put him in possession of the premises.

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Section 6.18. Occupation tax . The council shall have full power and authority to require all persons, whether a resident or nonresident of the city, engaged in or carrying on, or who may engage in, prosecute or carry on, any trade, business, calling, vocation or profession within the corporate limits of the city, by themselves or their agents, to register their names and business, calling, vocation or profession annually and to require such persons to pay for such registration, and to pay occupation tax to prosecute, carry on or engage in such business, calling, vocation or profession in such amount as the council may by ordinance prescribe. The council may provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, who engage in or offer to attempt to enage in, such business, profession or occupation before paying such tax, or who fail to comply in full with all the requirements of the city council in reference thereto. Section 6.19. Cost of issuing summonses, executions, processes, subpoenas . The cost of issuing, serving or executing all summonses, executions, processes, writs or subpoenas shall be the same as now allowed sheriffs for like service and where they are issued shall be paid into the city treasury. Section 6.20. General obligation bonds . The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue bonds . Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereinafter amended, or by any other law of the state as now or hereafter provided. Section 6.22. Failure of bonds to carry, new election . If the election provided for shall be against the issue of bonds,

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the council may at any time after expiration of six (6) months from the date of the first election order another election on the issuance of said bonds. Section 6.23. Short-term notes . Pursuant to applicable State law the city may obtain temporary loans between the first day of the first month and the last day of the last month of the fiscal year as defined by ordinance. ARTICLE VII. PUBLIC IMPROVEMENTS ; UTILITIES; SERVICES Section 7.01. Pavingrailroad crossings; performing and assessing cost . The council shall have power and authority to pave or provide for the paving of railroad crossings within the city and other portions of any street therein, and to assess the cost therefor, or any part thereof, against owner of the roadbed and the adjoining property, and issue executions to enforce the payment of the same. Section 7.02. Same-paving and improvements under bond plan . The council is authorized and empowered to make such street and sidewalk improvements, as may be necessary, under the city bond revenue act, as provided in Chapter 69, sections 401 to 434 inclusive, of the 1933 Code of Georgia; and all rights and powers therein conferred may be exercised by said governing body, subject to the restrictions, terms, definitions and requirements as are therein set out. Said Chapter 69, sections 401 through 434, together with all amendments thereto are made a part of this charter. Section 7.03. Samereferendum . All ordinances, adopting provisions of Chapter 69, sections 401 through 434 inclusive, of the 1933 Code of Georgia, previously passed, and adopted, as required by law by referendum, and entered on the minutes of the city, are confirmed and shall continue of force until repealed or revoked in a manner provided by law. Section 7.04. Extension of utilities beyond city . For the purpose of the preservation of the health and comfort of the people, and of the inhabitants of the city, the council is

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empowered to extend the city system of sewerage, lights water and gas, beyond the limits of the city, and prescribe provisions as to the construction of and maintenance of such systems, and shall have the right to obtain by purchase, gift or condemnation, such rights of way and easements as may be necessary for that purpose as is provided in this charter. All rights, powers, and authority previously granted to the city with reference to the system of water works, sewerage, electric lights, power and gas shall be and remain in force unless in conflict with the terms of this charter. Section 7.05. Referendum on sale of utilities . (a) No public utility owned by the city may be sold, unless the sale is approved by the majority of the registered and qualified voters of said city in a referendum held for such purpose. (b) The referendum may be held only after four-fifths (4/5) of the city council approve of holding such referendum or ten (10) percent of the registered and qualified voters sign a petition requesting such referendum. (c) Notice of the referendum stating the date and purpose must be posted in the City Hall for thirty days (30) prior thereto. (d) The date and purpose for holding the referendum must be advertised in the official organ of the city at least one (1) time each week for three (3) consecutive weeks during thirty (30) days prior to such referendum. (e) After the above requirements have been met, it shall be the duty of the city election managers to hold and conduct the election. The city election managers shall submit the following to the registered and qualified voters of the city: YES () NO () Shall the city council be authorized to sell the (name of public utility) that is owned by the City of Hogansville? All persons desiring to vote in favor of allowing the city council to sell the utility shall vote Yes. All persons desiring to vote against allowing the city council to sell the public

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utility shall vote No. If more than one-half (1/2) of the voters registered to vote in said election vote in favor of allowing the city council to sell the public utility, the council is authorized to sell such utility, in any manner that such council deems to be in the best interest of said city. The city election managers shall certify the result of such election to the council and the council shall by proper resolution declare the result thereof. ARTICLE VIII. SCHOOLS Section 8.01. System continued; election of commissioners . The Hogansville school system shall be and remain as now provided by the laws incorporating the same, and the school system shall, through its commissioners and/or board of education exercise and have all the rights, powers and authority previously conferred upon it by the Constitution and laws of the state, and shall, in like manner, be subject to all the responsibilities, restrictions and liabilities as are imposed by law. A candidate for the board of education shall run at large and the candidates with the largest number of votes shall fill the vacancies. The Acts providing for election of school commissioners, terms of office, duties, and liabilities, and regulating and incorporating said school system are in no way changed, except as provided in this Section. Section 8.02. Qualifications of school board commissioners . To be eligible for the office, elected or appointed, a person shall be at least twenty-one (21) years of age and shall meet the requirements of a qualified voter of the city, as prescribed by state law, shall have been a bona fide resident of the city for at least one (1) year next preceding the election in which he offers as a candidate and shall continue to reside therein during his term of office. No person shall be eligible to be a school board commissioner who shall have been convicted of a crime involving moral turpitude, unless he has received a full pardon and has all rights of citizenship restored. Section 8.03. Removal from office. (a) Grounds for removal . The school board commissioners shall be subject to

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removal from office for any one or more of the following causes: (1) incompetence, misfeasance or malfeasance in office; (2) conviction of a crime involving moral turpitude; (3) failure at any time to possess any of the qualifications of office as provided by this charter or by law; or (4) abandonment of office or neglect to perform therein. (b) Procedure for removal . Removal of a school board commissioner from office may be accomplished by one of the following methods: (1) by action of two-thirds (2/3) vote of the entire membership of the school board. In the event an elected officer is sought to be removed by the action of the school board, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held no 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 school board to the Superior Court of Troup County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) by information filed in the Superior Court of Troup County as provided by law. Section 8.04. Transfer of funds . The council shall be empowered to transfer any funds of the city, not already set aside for use for any other specific purpose, to the school funds of the city, to be used by the school authorities of the city for school purposes. Section 8.05. Powers which may be granted to board of education as to construction and equipment . The council shall have the full right to delegate to the school commissioners and/or the board of education the right and authority

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to supervise the construction and equipment of all school buildings and improvements incident thereto, which may be constructed with funds belonging to the city or provided through bond issue. Section 8.06. Use of taxes for schools . The council may in its discretion by proper corporate action, set aside and use for school purposes any and all special taxes and license fees collected by the city, and shall levy a fixed tax, as heretofore provided, for the support and maintenance of said schools. Section 8.07. Construction supervision . The council shall have the right to appoint a committee, or to employ a supervisor, engineer or architect to supervise and direct the construction of any and all school buildings constructed with city funds or funds provided through bond issues, and the council shall have the right to limit and direct the amounts expended therefor; and shall have the right to require the school commissioners and/or the board of education to conform to, obey and carry out such directions as may be given in such matter by the council, its committee and/or supervisor, engineer or architect, and to withhold payment therefor until such directions and instructions are complied with; and the council shall have the full right and authority in the way and manner aforesaid to require reports showing that said funds are being properly expended. Section 8.08. No liability of city, etc. The council and/or the city shall not, in any manner, be liable for any contract or obligation which may be made by the school commissioners and/or the board of education of the city. ARTICLE IX. LEGAL PROVISIONS Section 9.01. Provisions of charter severable . The provisions of this charter are severable, and if any part thereof shall be held contrary to the Constitution or the laws of the state the same shall not affect the remaining parts thereof. Section 9.02. Referendum on charter adoption . Before the provisions of this charter shall become effective, the council shall hold an election at such time as the governing

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authorities may determine, after giving thirty (30) days notice thereof by publication of said notice one (1) time each week for four (4) consecutive weeks in a newspaper published in the city, or if no newspaper is published in said city, then for the time and in the manner above fixed in the official organ of the county, in which sheriff's sales are published. Said notice shall briefly state the purpose of the election, the time, place and hours of holding the same. The rules and laws now governing municipal elections shall govern. When the election has been held and a majority of the qualified voters voting shall have voted in favor of such adoption, and after the election managers have duly certified the results of such election to the governing body, said council shall, by proper ordinance and resolution, declare the result thereof and that the charter is adopted, and shall direct that such ordinance and resolution be entered on the minutes of the city and the charter shall be of full force and effect subject to passage by the General Assembly of Georgia and approved by the Governor. Should said election not be in favor of adoption, in such event, it may be resubmitted, after six (6) months of said election, to the qualified voters of said city, subject to the same rules, regulations, requirements and restrictions as are above set out. Referendum. Section 9.03. Taking effect; repeal of conflicting law . The provisions of this Act shall become operative when the same is passed by the General Assembly of Georgia and approved by the Governor of said state. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced at the 1976 regular session of the General Assembly of Georgia to create a new charter for the City of Hogansville, in Troup County, Georgia, to repeal all prior acts to re-incorporate

Page 2638

said city, and organize the municipal government thereof. This the 8th day of December, 1975. Mayor Council of Hogansville By K. Gordon, City Attorney 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 19, 26, 1975 and January 2, 1976. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 15th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 13, 1976. GRAND JURIESPRESENCE OF STENOGRAPHER AUTHORIZED, ETC. (15,95016,500). No. 786 (House Bill No. 1382). An Act to authorize a stenographer to be present with the grand jury while witnesses are being examined in all

Page 2639

counties of this State having a population of not less than 15,950 and not more than 16,500, according to the United States Decennial Census of 1970 or any future such census; to provide for the appointment and compensation of such stenographer; to provide the oath to be taken by such stenographer; to provide for duties; to prohibit the stenographer from testifying at any hearing or trial; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . In all counties of this State having a population of not less than 15,950 and not more than 16,500, according to the United States Decennial Census of 1970 or any future such census, a stenographer is hereby authorized to be present and in attendance upon the grand jury while any witness is being examined by the grand jury. The district attorney of the circuit in which such county is located shall appoint the stenographer and fix the compensation therefor, not to exceed thirty-five ($35.00) dollars per day, which shall be paid from the funds of such county. Before attending the grand jury, the stenographer shall take the following oath: I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury, so help me God. Oath. Such stenographer is authorized, however, to take and transcribe the testimony or any part of the testimony of any witness who testifies before the grand jury and is authorized to furnish the transcript to the grand jury or to the district attorney. Such stenographer shall be incompetent to testify upon any hearing or trial concerning any matter or thing coming to the knowledge of such stenographer while in attendance upon the grand jury. Duties. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1976.

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CITY OF ATHENSCHARTER AMENDEDEMPLOYEES PENSION PLAN AMENDED. No. 787 (House Bill No. 1407). An Act to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved March 3, 1965 (Ga. L. 1965, p. 2117, et seq., No. 49, H. B. 419) and as amended by the several subsequent Acts amendatory thereof, particularly by Ga. L. 1972, p. 3809, et seq., approved April 3, 1972, No. 1453, H. B. 1233, so as to provide an option to certain Members of the Police and Fire Departments of the City of Athens with reference to an election of benefit under said Pension Plan; to add hourly employees to full benefits; to increase benefit rate from one-fourth of one per cent to one-half of one per cent per year for service over twenty-five (25) years; to provide for reduction of normal retirement date to sixty-two (62) years for each participant, except in the case of policemen and firemen where the same shall be reduced to sixty (60) years; to provide that each employee's contribution to the Pension Fund shall be three per cent (3%) of earnings, except as otherwise specified; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved March 3, 1965 (Ga. L. 1965, p. 2117, No. 49, H. B. 419), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 3809, No. 1453, H. B. 1233), is hereby amended by striking from section 6(b) of said Pension Bill as referred to in said latter Acts, the following: If such participant previously covered under the above referred to Legislative Acts selects the benefit under section 6(b), then this election is irrevocable unless said participant shall within a period of sixty (60) days from the date of the approval of this Act by the Governor elect the benefit under section 6(a) of said Act and pays to the City Treasurer all contributions as required under section 12(b) of Acts of

Page 2641

1965, p. 2117, et seq., from the effective date of the plan plus interest at four per cent (4%) per annum thereon with credit for any contributions made by participant under section 12(c) of said Act..... and inserting in lieu thereof, the following: If such participant previously covered under the above referred to Legislative Acts selects the benefit under section 6(b), then this election is irrevocable unless said participant shall within a period of sixty (60) days from the date of the approval of this Act by the Governor or its otherwise becoming law or within the period specified by the Mayor and Council of the City of Athens elect the benefit under section 6(a) of said Act and pays to the City Treasurer all contributions as required under section 12(b) of Acts of 1965, p. 2117, et seq., as amended, from the effective date of the plan plus interest at four per cent (4%) per annum thereon with credit for any contributions made by participant under section 12 (c) of said Act..... Election. and by striking from section 6(a) of the Pension Plan as set forth in Ga. L. 1965, p. 2117 (No. 49, H. B. 419), as amended particularly by Ga. L. 1972, p. 3809, (No. 1453, H.B. 1233), the following: (1) If such employee is paid on an hourly basis, he shall receive $2.00 monthly pension for each completed year of service. and inserting in lieu thereof, the following to be also known as No. (1): (1) If such employee is paid on an hourly basis, said employee shall receive a monthly pension as provided in No. (2) hereof. and by striking from section 6(a) of said Pension Plan as contained in aforesaid Acts, to-wit, Ga. L. 1965, p. 2117 (No. 49, H. B. 419), Ga. L. 1972, p. 3809 (No. 1453, H. B. 1233), the following:

Page 2642

If paid other than on an hourly basis, he shall receive a monthly pension in a sum equal to thirty per cent (30%) plus one-fourth of one per cent for each year of continuous service in excess of twenty-five (25) years of his basic monthly earnings averaged over the period of the highest five years preceding his retirement, provided he shall have at least twenty-five (25) years completed service..... and inserting in lieu thereof, the following: Said employee shall receive a monthly pension in a sum equal to thirty per cent (30%) plus one-half of one per cent for each year of continuous service in excess of twenty-five (25) years of his basic monthly earnings averaged over the period of the highest five years preceding his retirement, provided he shall have at least twenty-five (25) years completed services..... so that section 6 as contained in Ga. L. 1965, at page 2117, et seq., (No. 49, H. B. 419), approved March 3, 1965, as amended by the several subsequent Acts amendatory thereof, shall read as follows: Section 6. Amount of pension. (a) The amount of pension payable to a participant who retires on or after his normal retirement date shall be: Amount. (1) If such employee is paid on an hourly basis, said employee shall receive a monthly pension as provided in No. (2) hereof. (2) Said employee shall receive a monthly pension in a sum equal to thirty per cent (30%) plus one-half of one per cent for each year of continuous service in excess of twenty-five (25) years of his basic monthly earnings averaged over the period of the highest five years preceding his retirement, provided he shall have at least twenty-five (25) years completed service. If such participant has less than twenty-five (25) years of completed service by his normal retirement date, then his monthly pension shall be a monthly amount computed by multiplying the number of years of completed service times four per cent (4%) times thirty per cent

Page 2643

(30%) of his basic monthly earnings averaged over a period of the highest five years preceding his retirement. (b) All participants who were previously covered under the Firemen's Pension Act (Ga. L. 1939, p. 821, approved February 15, 1939; Ga. L. 1956, p. 2715) and Policemen's and Other Employees Pension Act (Ga. L. 1950, p. 2242) as of the effective date of this Act may elect in lieu of the above the following benefit: $75.00 per month for the rest of his life, provided he shall have served twenty-five (25) years in active service at the time of his retirement. In case of death of such pensioner, his widow, if any, shall receive during her life or until her remarriage the sum of $50.00 per month; provided, that no such widow shall receive any such sum hereunder unless she was the lawful wife of such pensioner prior to his retirement from active service. If such pensioner at death leaves no widow, or if pensioner's widow was not the lawful wife of the pensioner prior to his retirement from active service, and if any pensioner leaves orphan children under the age of sixteen (16) years, such orphan child or children, except adopted children adopted subsequent to said pensioner's retirement from active service, shall receive until reaching the age of sixteen (16) the sum of $50.00 per month. All participants previously covered under the afore-described Legislative Acts as of the effective date of this plan shall elect either the benefit under section 6 (a) or (b), which election shall be made within a period of thirty (30) days from the effective date of this plan. If such participant previously covered under the above referred to Legislative Acts selects the benefit under section 6(b), then this election is irrevocable unless said participant shall, within a period of sixty (60) days from the date of the approval of this Act by the Governor or its otherwise becoming law or within the period specified by the Mayor and Council of the City of Athens elect the benefits under section 6(a) of said Act and pay to the City Treasurer all contributions as required under section 12(b) of Acts of 1965, p. 2117, et seq., as amended, from the effective date of the plan plus interest at four per cent (4%) per annum thereon with credit for any contributions made by participant under section 12(c) of

Page 2644

said Act. Any participant who has made an irrevocable election of benefit under section 6(b) of said Act shall not be entitled to a return of his accumulated contributions with interest, except pursuant to section 13(a) hereof. If the participant previously covered under the aforesaid Acts of the Legislature as of the effective date of this plan selects the benefit under section 6(a) hereof, he shall have the option to subsequently elect at any time before retirement in lieu thereof the benefit under section 6(b), in which event he shall be entitled to a return of his accumulated contributions with interest less $2.50 per month after the effective date of this plan. Section 2 . Section 4 of an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved March 3, 1965 (Ga. L. 1965, p. 2117, No. 49, HB 419) is hereby amended by striking therefrom subparagraph (b), as follows: (b) If paid on an hourly basis, such employee must have completed at least two years continuous service. and inserting in lieu thereof the following to be known also as subparagraph (b): (b) If paid on an hourly basis, said employee shall meet the requirements applicable to any other employee. Section 3 . An Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved March 3, 1965 (Ga. L. 1965, p. 2117, No. 49, HB 419) is hereby amended by striking from section 5 thereof, the following: .....sixty-five (65) years. and inserting in lieu thereof, the following: .....sixty (60) years in the case of firemen and policemen and sixty-two (62) years in the case of all other employees covered hereunder. so that said section 5, as amended, shall read as follows:

Page 2645

Section 5. Normal retirement date. The normal retirement date for each participant will be the first of the month following attaining the age of sixty (60) years in the case of firemen and policemen and sixty-two (62) years in the case of all other employees covered hereunder. Normal retirement dates. Section 4 . An Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved March 3, 1965 (Ga. L. 1965, p. 2117, No. 49, HB 419), is hereby amended by striking from Section 12 thereof, the following: (a) The Mayor and Council of the City of Athens shall levy a tax of forty-five cents (45) each week on the salary of each participant who is an hourly employee. (b) The Mayor and Council of the City of Athens shall levy a tax on the salary of all other participants, except those referred to in Subparagraphs (a) and (c) hereof, in the sum of one per cent of the first $200.00 of their basic monthly earnings plus two per cent of the next $200.00 plus three per cent in excess of $400.00. and inserting in lieu thereof the following to be known also as Subparagraphs (a) and (b) thereof: (a) The Mayor and Council of the City of Athens shall levy a tax on the salary of each participant who is an hourly employee in the sum of three per cent of their basic monthly earnings. The City Treasurer or the Board of Trustees may annualize the earnings or wages of such employee where paid weekly in order to compute basic monthly earnings or may use such other method of computation as may be feasible to compute such. Nothing herein shall prohibit the employer from adopting a different pay period with respect to said hourly employees. (b) The Mayor and Council of the City of Athens shall levy a tax on the salary of all other participants, except those referred to in Subparagraph (c) hereof, in the sum of three per cent of their basic monthly earnings.

Page 2646

Section 5 . An Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved March 3, 1965 (Ga. L. 1965, p. 2117, No. 49, HB 419), is hereby amended by striking from the last paragraph of sectin 11 thereof, the following: .....the amount of said monthly pension in the case of all participants other than hourly employees shall be thirty per cent (30%) of participant's basic monthly earnings averaged over the period of the highest five years preceding such termination date multiplied by a fraction, the numerator of which is the number of full years of his continuous service as of such termination date and the denominator of which is twenty-five (25). In the case of hourly employees, the amount of said monthly pension shall be $2.00 monthly pension for each completed year of service. and inserting in lieu thereof, the following: .....the amount of said monthly pension in the case of all participants shall be thirty per cent (30%) of participant's basic monthly earnings averaged over the period of the highest five years preceding such termination date multiplied by a fraction, the numerator of which is the number of full years of his continuous service as of such termination date and the denominator of which is twenty-five (25). so that the last paragraph of section 11, as amended, shall read as follows: A participant whose employment with employer is terminated prior to his normal retirement date and who has completed fifteen (15) years of active service may elect to receive a lump sum payment equal to the total of his accumulated contributions with interest, with the exception of participants previously covered by a Legislative Act referred to in section 6 (b) as of the effective date of this plan and who made the irrevocable election for benefits under section 6 (b), in which event such participant shall not be entitled to a return of his accumulated contributions, or may elect a monthly pension benefit payable at his normal retirement date; the amount of said monthly pension in the case of all participants shall be thirty per cent (30%) of participant's

Page 2647

basic monthly earnings averaged over the period of the highest five years preceding such termination date multiplied by a fraction, the numerator of which is the number of full years of his continuous service as of such termination date and the denominator of which is twenty-five (25). Section 6 . The effective date of the amendments provided by the foregoing sections of this Act shall be July 1, 1976, except as to the benefit option conferred upon certain policemen and firemen, which shall become effective upon this Act being approved by the Governor or its otherwise becoming law. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed, provided, the effective date of the amendments provided by this Act shall be July 1, 1976, except as to the benefit option conferred upon certain policemen and firemen, which benefit option shall become effective upon this Act being approved by the Governor or its other wise becoming law. Effective date. Notice Notice is hereby given that The Mayor and Council of the City of Athens intends to apply for and seek passage of legislation at the regular 1976 session of General Assembly of Georgia, which would amend the Pension Plan of The Mayor and Council of the City of Athens as contained in its charter appearing at Ga. Laws 1965, page 2117, et seq., and the various acts amendatory thereof, with respect to authorizing an option to certain members of the Police and Fire Departments; to participate in the new plan to adding hourly employees; to full benefits to increasing benefit rates for service over 25 years; to reduction of the normal retirement age with respect; to employees or participants to change the withholding rate with respect to employees; to deal with maximum retirement benefits and for other purposes. This 22nd day of December, 1975. The Mayor and Council of the City of Athens By Joseph J. Gaines City Attorney

Page 2648

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 26, 1975, and January 2 and 9, 1976. /s/ Robert W. Chambers Certified, sworn to and subscribed before me, this 16 day of January, 1976. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 1, 1977. (Seal). Approved February 13, 1976. COLQUITT COUNTYTERMS OF STATE COURT CHANGED. No. 788 (House Bill No. 1435). An Act to amend an Act creating and establishing the State Court of Colquitt County, formerly known as the City Court of Colquitt County and the Civil and Criminal Court of Colquitt County, approved August 7, 1931 (Ga. L. 1931, p. 293) as amended, so as to change the monthly and quarterly terms of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing the State Court of Colquitt County, formerly known as the City Court of Colquitt County and the Civil and Criminal Court of

Page 2649

Colquitt County, approved August 7, 1931 (Ga. L. 1931, p. 293), as amended, is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4, to read as follows: Section 4. The terms of said State court shall be monthly and quarterly; the monthly terms for the trial and disposition of both criminal and civil business in which trial by jury is not demanded, and the quarterly terms for the trial and disposition of both civil and criminal business requiring trial by jury. The said quarterly terms shall be held as follows: beginning on the first Mondays in January, April, July, and October of each year. The said monthly terms shall be held on the first Mondays in February, March, May, June, August, September, November and December of each year; provided, that the judge of said State court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the court does not justify holding the same; and provided further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms of said court shall be held at the courthouse in the City of Moultrie, in said County of Colquitt, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said State court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms. Section 2 . This Act shall become effective on July 1, 1976. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill Notice is hereby given of intention to apply for the passage at the 1976 regular session of the General Assembly of Georgia of a Bill to amend an Act of the General Assembly of Georgia relating to the establishment of the City Court of

Page 2650

Colquitt County, Georgia (now the State Court of Colquitt County) approved August 7, 1931 (Ga. L. 1931, p. 293), and acts amendatory thereof, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dorsey R. Matthews who, on oath, deposes and says that he is Representative from the 145th 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 24, 1975 and January 1, 8, 1976. /s/ Dorsey R. Matthews Representative, 145th District Sworn to and subscribed before me, this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 13, 1976. CITY OF BAINBRIDGECHARTER AMENDEDPENALTY PROVISIONS CHANGED. No. 789 (House Bill No. 1438). An Act to amend an Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, so as to change the penalty provisions relative to the violation of ordinances of the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2651

Section 1 . An Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, is hereby amended by striking in its entirety subsection (26) of section 21 and inserting in lieu thereof a new subsection (26) to read as follows: (26) To punish for a violation of an ordinance of said city-in an amount not to exceed five hundred dollars, or imprisonment, or compulsory labor on the public works, not to exceed three months, or any combination of these punishments, in the discretion of the court. Penalty. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice to hereby given by the undersigned, of his intention to introduce local legislation to amend the Charter of the City of Bainbridge, so as to increase the fine for a violation of an ordinance of the City from the present maximum of $200.00 or imprisonment or compulsory labor on the public works not to exceed three months and any one or more of these punishments in the discretion of the Court so that the penalty will be to punish for a violation of the ordinance of the City of Bainbridge a fine and a sum not to exceed $500.00 or imprisonment or compulsory labor on the public works not to exceed 3 months and any one or more of these punishments in the discretion of the Court. This 12 day of December, 1975. Walter E. Cox Representative, 119 District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oath, Walter E. Cox who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of

Page 2652

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 24, 31, 1975 and January 7, 1976. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 13, 1976. DECATUR COUNTYSMALL CLAIMS COURTJURISDICTION CHANGED, ETC. No. 790 (House Bill No. 1439). An Act to amend an Act creating a Small Claims Court in Decatur County, approved March 30, 1971 (Ga. L. 1971, p. 2667), so as to change the jurisdiction of said court; to change the provisions relative to costs and fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Small Claims Court in Decatur County, approved March 30, 1971 (Ga. L. 1971, p. 2667), is hereby amended by striking from section 1 the following: $500.00, and inserting in lieu thereof the following:

Page 2653

$1,000.00, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created and established in Decatur County a court to be known as the Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any court or courts now or hereafter established in Decatur County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted, the powers granted to justices of the peace by the laws of the State of Georgia. Jurisdiction. Section 2 . Said Act is further amended by striking from section 8, wherever the same shall appear, the following: $10.00, and inserting in lieu thereof the following: $12.00, so that when so amended, section 8 shall read as follows: Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of $7.50 which shall cover the costs of that proceeding up to and including the rendering of a judgment, except the cost of serving process of notices to defendants and summoning witnesses when required; but the deposits of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be $12.00; and in other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $12.00. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the

Page 2654

parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. Costs. 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 by the undersigned, of his intention to introduce local legislation to amend the act creating a Small Claims Court for Decatur County, so as to increase from a maximum of $500.00 to a maximum of $1000.00 the value of property involved in the civil jurisdiction of the court; and further to increase from $10.00 to $12.00 the fee charged by the judge of the court. This 29th day of December, 1975. Walter E. Cox Representative, 141st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. 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 31, 1975 and January 7, 14, 1976. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 13, 1976.

Page 2655

CORONERCOMPENSATION FIXED, ETC. (90,000-140,000) No. 791 (House Bill No. 1440). An Act to fix the compensation of the coroner in all counties of this State having a population of not less than 90,000 and not more than 140,000 according to the United States Decennial Census of 1970 or any future such census; to provide for a monthly allowance for the coroner; to authorize the coroner to appoint a deputy coroner; to provide for the compensation of the deputy coroner; 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 . In all counties of this State having a population of not less than 90,000 and not more than 140,000 according to the United States Decennial Census of 1970 or any future such census, the coroner shall receive a salary of six thousand dollars ($6,000.00) per annum, payable in equal monthly installments from county funds. In addition, the coroner in such counties shall receive an expense allowance of one thousand two hundred dollars ($1,200.00) per annum, payable in equal monthly installments from county funds. The coroner in such counties shall have the power and authority to appoint a deputy coroner who shall serve only in the absence of the coroner. The deputy coroner in such counties shall receive twenty-five dollars ($25.00) per diem for services performed in the absence of the coroner. The coroner and the deputy coroner in such counties are hereby authorized and directed to cooperate and consult with the Director of the State Crime Laboratory or any examiner employed by him and paid by the State when performing postmortem examinations and autopsies. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1976. DEKALB COUNTYRECORDER'S COURTFINE ASSESSMENT CHANGED. No. 796 (House Bill No. 838). An Act to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, so as to provide the court with authority to assess fines not to exceed the sum of two hundred dollars ($200.00) for any single offense; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, is hereby amended by striking section 14 thereof in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. Fines and Punishment . Upon conviction of violation of any of the ordinances, rules or regulations set forth by the governing authority of DeKalb County, Georgia, the Recorder or Judge of said Court may punish such offender as follows: (a) The Recorder or Judge of said Court may impose a fine not in excess of that prescribed by the ordinance violated and in no event to exceed the sum of two hundred dollars ($200.00) for any single offense. (b) The Recorder or Judge of said Court may punish such offender by imprisonment in the county jail for a period

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not in excess of that prescribed by the ordinance violated and in no event to exceed thirty (30) days for any single offense. (c) The Recorder or Judge of said Court shall have the authority to impose any combination of the punishments mentioned in subsections (a) and (b) above in the discretion of the Judge of said Recorder's Court, except as otherwise provided below. (d) The Sheriff of DeKalb County shall receive, confine, feed and care for prisoners sentenced by the Recorder's Court to imprisonment in the county jail in the same manner as persons charged with an indictable offense under general laws of this State and he shall be subject to the same penalties for his refusal to receive and take charge of such persons, except that prisoners received under sentence from said Recorder's Court may be confined separately and apart from other classes of inmates of said jail as the Sheriff, in his discretion, may provide and as general laws of this State may require. 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 the Recorder's Court of DeKalb County, Georgia, approved the 17th day of March, 1959 (Ga. L. 1959 p. 3093), as amended, for the purpose of changing the fine that can be imposed upon the violation of County ordinances, rules and regulations; to repeal conflicting law or laws; and for other purposes. This 3rd day of January, 1975. DeKalb County, Georgia By: Carl V. Kirsch Assistant County Attorney DeKalb County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Linder who, on oath, deposes and says that he is Representative from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 9, 16, 23, 1975. /s/ John Linder Representative, 44th 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, 1976. DEKALB COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUESFINE ASSESSMENT CHANGED. No. 797 (House Bill No. 839). An Act to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2481), so as to change certain provisions relating to fines and punishment; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . To amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2490), is hereby amended by striking section 12-B, which reads as follows: Section 12-B. The Board of Commissioners of Roads and Revenues of DeKalb County is hereby authorized and empowered to adopt ordinances prescribing penalties and/or punishment for violation of any and all ordinances adopted by said board to carry out any of the provisions of the foregoing section 12-A or the provisions of any other law, and to prescribe minimum and maximum penalties and/or punishment for violation of same, except that the same shall in no event exceed a fine of two hundred dollars, imprisonment in the county jail for ninety days, and labor on the works gang for sixty days for any single offense, and such ordinances may prescribe all or any part of any one or more of the foregoing penalties and/or punishment as a minimum and/or maximum sentence for conviction of such violation., in its entirety, and substituting in lieu thereof a new section 12-B, to read as follows: Section 12-B. The Board of Commissioners of DeKalb County, Georgia is hereby authorized and empowered to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by said Board to carry out any of the provisions of this Section or the provisions of any other law, and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of two hundred dollars ($200.00), imprisonment in the county jail for thirty (30) days, and labor on the works gang for sixty (60) days for any single offense. Powers. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1975 Session of the General Assembly of the State of Georgia a Bill to amend an Act creating the Board of Commissioners of DeKalb County, Georgia, approved on the 9th day of March, 1959 (Ga. L. 1959, p. 2481) as amended for the purpose of permitting the Board of Commissioners of DeKalb County, Georgia to prescribe penalties and or punishment for violation of any and all ordinances adopted by said Board; and for other purposes. This 3rd day of January, 1975. DeKalb County, Georgia By: Carl V. Kirsch Assistant County Attorney DeKalb County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, John Linder who, on oath, deposes and says that he is Representative from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 9, 16, 23, 1975. /s/ John Linder Representative, 44th District Sworn to and subscribed before me, this 20th day of January, 1975. /s/ Susan Gordon My Commission Expires Dec. 18, 1976. Notary Public, Georgia State at Large. (Seal). Approved February 20, 1976.

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CITY OF NORMAN PARKNEW CHARTER. No. 799 (House Bill No. 1004). An Act to provide a new Charter for the City of Norman Park, 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 Norman Park, repealing and replacing the charter provided by an Act of the General Assembly approved December 6, 1902 (Ga. L. 1902, p. 519), as amended. The City of Norman Park, 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 Norman Park, 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 Norman Park shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Norman Park, at all times, shall be shown on a map to be retained permanently in the office of the city clerk and to be

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designated: City of Norman Park. 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 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 Norman Park, 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 the 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;

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(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, fares, fees, 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 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 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 for the use of public utilities; (12) to provide for the acquisition, construction, building,

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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, 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 and intinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise;

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(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 both to 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 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 sewer 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 Norman Park and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide

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for the manner and method of collecting such service charges; (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, 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; and to prescribe penalties and punishment for violations thereof; (31) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness, welfare and safety of inhabitants of the city; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the recorder's court 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

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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 Norman Park which, while not constituting offenses against the laws of the State of Georgia, nevertheless 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

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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 ordinances 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

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to such powers unless specifically 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 GOVERNING BODY Section 2.10. Creation of Governing Body . The legislative authority of the government of the City of Norman Pork, 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.

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Section 2.11. Terms and Qualifications of Office . The mayor and 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 he: (1) has been a resident of Norman Park for a period of one year immediately prior to the date of the election; (2) continues to reside within the City of Norman Park during his period of service; (3) is registered and qualified to vote in municipal elections of the City of Norman Park; 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 Vancancies . (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) 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 $25.00 per month as compensation for his services. The councilmen shall receive $10.00 per month as compensation for their services. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions . (a) Except as authorized by law, no member of the council shall hold any other elective

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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. Code of Ethics . The council shall enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of the City of Norman Park. Section 2.16. Inquiries and Investigations . The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.17. General Power and Authority of the Council . (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Norman Park 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/or property, health, welfare, sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Norman Park. The council may enforce such ordinances by imposing penalties for the violation thereof. Section 2.20. Chief Executive Officer . The mayor shall be the chief executive of the City of Norman Park. He shall

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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 granted to him 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 servie of process and for ceremonial purposes; (c) have power to administer oaths and take affidavits; (d) 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; (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) 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) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (j) vote at the council meetings only in case of a tie vote among the councilmen; (k) perform other duties as may be required by law, this charter or ordinance.

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Section 2.22. 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 2.30(b) of this charter, or in his absence or disability for any reason, 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 . (a) The council shall meet for organization on the first Tuesday after the city elections. 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 that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City of Norman Park 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. The mayor pro tem, 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 a regular meeting. (b) Special meetings of the council may be held on call of the mayor or two councilmen. Notice of such special meeting

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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 contitute 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 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 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 Norman Park hereby ordains..... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the

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council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish under section 2.32 of this charter; 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. Upon introduction of any ordinance, the city clerk shall assure the citizens of Norman Park have access to said ordinance. 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. 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 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 prescribed in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.36. Codes of Technical Regulations . (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of section 2.34 (b) of this charter for assuring public access to the ordinance shall be

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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 of this charter. (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. 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. The compilation shall be known and cited officially as The Code of the City of Norman Park, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for the 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 following its adoption. Following publication of the first Code of the City of Norman Park and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for introduction therein. The council shall make 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. Compiler's note: The original act does not show 2.18-2.19. Compiler's note: The original act does not show 2.23-2.29.

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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 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 superivision 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 in 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 of the city council.

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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 been administered by the city clerk the oath as follows: I do solemnly swear that I will well and truly perform the duties of (name office) of Norman Park 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 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 may establish such bylaws, rules and regulations not inconsistent

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with this charter, ordinances of the City of 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 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 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

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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 Norman Park 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 the adequate and systematic handling of the personnel affairs of the City of Norman Park. Compiler's note: The original act does not show 3.12-3.19; 3.21-3.29; 3.31-3.39. 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

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of the City of Norman Park which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Norman Park 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 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; 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. Section 4.11. Judge . The City Council shall appoint a person to serve as judge of the recorder's court and such judge shall preside over said court. Before entering on the duties of his office, the judge shall take an oath before the city clerk that he will truly, honestly and faithfuly 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. Judge Pro Tem . The judge pro tem. shall serve in the absence or disqualification of the judge, shall be appointed by the council, shall have the same qualifications as the mayor, 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. Section 4.13. 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 4.14. Jurisdiction; Powers . (a) The recorder's court shall try and punish for crimes against the City of Norman Park and for violation of its ordinances. The recorder's

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court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00. 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. As an alternative to fine or imprisonment, the recorder'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. (b) The recorder's court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to 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 on order of the judge be forfeited to the City of Norman Park or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The recorder'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 recorder's court shall have authority to administer

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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 Norman Park granted by state laws generally to mayor's, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances. Section 4.15. 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. Section 4.16. 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 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 prior to said proceedings. Compiler's note: The original act does not show 3.44-3.49.

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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 second Monday in January of even-numbered years, there shall be an election for mayor and two councilmen, the mayor and councilmen to serve for two years. On the second Monday in January of odd-numbered years, three councilmen shall be elected to serve for two years. The terms of office of members of the council shall begin at the time of taking of the oath of office as provided for 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 Norman Park. Section 5.20. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Norman Park 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; 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

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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 amend. 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 majority vote of the council, the officer to be removed not voting if he is a member 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 grounds for removal and to a public hearing which shall be held not less than ten days after the service of the 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

Page 2686

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. Compiler's note: The original act does not show 5.12-5.19. Compiler's note: The original act does not show 5.22-5.29. 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 Norman Park. 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 in its discretion The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Norman Park 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 shall 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

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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 Norman Park, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in 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 Norman Park, said fees, charges and tolls to provide for the cost and expense of the collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer charges 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 which

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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 to the operation of the city from all individuals, firms and corporations residing in or doing business in the City of Norman Park 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 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, 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 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

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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 hereinafter be 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 and known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia laws as now or hereafter amended. 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,

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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. Action by Council on Budget . (a) The council may amend the operating budget 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. The total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues constituting the fund availability. (b) The council shall adopt the final operating budget for the ensuing fiscal year not later than 30 days before the end of the current fiscal year. If the council fails to adopt the budget by this date, the amounts appropriated for the operation of 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. (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 6.33. Property Tax Levies . As the next order of business following adoption of the operating budget, the council shall levy by ordinance an annual tax on all real and personal property within the City of Norman Park. 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,

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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 Norman Park. 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 appropriation may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.35 Capital Improvements Budget . (a) On or before the date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor and councilmen may prepare a proposed capital improvements budget with their recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. 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 majority 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 30 days prior to the beginning of said fiscal year. No appropriation provided for in the capital improvements budget shall elapse until the program for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the council may approve amendments to the capital improvements budget at any time during the fiscal year. 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

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may by ordinance prescribe procedures for a system of centralized purchasing for the City of Norman Park. (b) The council may sell and convey any real or personal property owned or held by the City of Norman Park 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 to 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. Compiler's note: The original act does not show 6.23-6.29. Compiler's note: The original act does not contain sections 6.35-6.39. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds . The officers and employees, both elected and appointed, of the City of Normal Park shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require.

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Section 7.11. Existing Ordinances and Regulations . Existing ordinances and resolutions of the City of Norman Park not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended by the council. Existing rules and regulations of departments or agencies of the City of Norman Park 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 $500.00 or by imprisonment not to exceed 30 days, or both. Section 7.13. Specific Repealer . An Act incorporating the City of Norman Park in the County of Colquitt, approved December 6, 1902 (Ga. L. 1902, p. 519), 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 of part thereof be enacted separately and independently of each other. Section 7.15. Effective Date . This charter shall become effective on May 1, 1976. 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

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bill to provide a new charter for the City of Norman Park, 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, 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: December 26, 1974 and January 2, 9, 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 February 20, 1976. CHATTOOGA COUNTYBOARD OF COMMISSIONERS CREATED, ETCREFERENDUM. No. 803 (House Bill No. 1360). An Act to amend an Act creating the office of Commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended by an Act approved March 11, 1964 (Ga. L. 1964, p. 2848), an Act approved March 18, 1964 (Ga. L. 1964, p. 2999), an Act approved April 15, 1969 (Ga. L. 1969, p. 2691), an Act approved March 31,

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1971 (Ga. L. 1971, p. 2774), and by an Act approved March 28, 1973 (Ga. L. 1973, p. 2323), so as to create a Board of Commissioners of Chattooga County; to provide for the election of the members of said Board and for the powers and duties of said Board; to provide for other matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended by an Act approved March 11, 1964 (Ga. L. 1964, p. 2848), an Act approved March 18, 1964 (Ga. L. 1964, p. 2999), an Act approved April 15, 1969 (Ga. L. 1969, p. 2691), an Act approved March 31, 1971 (Ga. L. 1971, p. 2774), and by an Act approved March 28, 1973 (Ga. L. 1973, p. 2323), is hereby amended by striking sections 1 through 13 and sections 13A, 14 and 15 in their entirety and substituting in lieu thereof new sections 1 through 16 to read as follows: Section 1. (a) The governing authority of Chattooga County shall be a Board of Commissioners of Chattooga County consisting of three members who shall be elected as hereinafter provided. Creation. (b) For the purpose of electing the members of said Board of Commissioners, Chattooga County shall be divided into three Commissioner Districts as follows: Commissioner District 1 shall include the territory of Chattooga County embraced within the Trion Voting District (No. 870); the Pennville Voting District (No. 870); and the Teloga Voting District (No. 927). Commissioner District 2 shall include the territory of Chattooga County embraced within the Summerville Voting District (No. 925). Commissioner District 3 shall include the territory of

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Chattooga County embraced within the following Voting Districts of Chattooga County: Alpine (No. 968). Cloudland (No. 968). Coldwater (No. 1083). Dirtseller (No. 1216). Dirttown (No. 940). Haywood (No. 1382). Lyerly (No. 1484). Seminole (No. 961) and Subligna (No. 962). (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 Chattooga 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 eligible to vote for members of the General Assembly shall be eligible to hold office as a Commissioner. The voting districts defining the Commissioner Districts as provided by subsection (b) of this section shall be those voting districts of Chattooga as defined on January 1, 1976. (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 1 and 3 shall serve for initial terms of two years, and the member elected from Commissioner District 2 shall serve for a term of four years. Thereafter, successors shall be elected at the general election immediately

Page 2697

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. Election. (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 have have such other duties as the Board of Commissioners may prescribe. Any member of the Board elected as Chairman shall be eligible to succeed himself as Chairman. Chairman. 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 in the manner most economical to the county. Contracts for public 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.

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(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 Chattooga 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. (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

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vested by law in the Commissioner of Chattooga 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. The Board of Commissioners shall fix the compensation of the County Administrator, such compensation shall be paid in equal monthly installments from the funds of Chattooga County. The County Administrator shall also be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Chattooga County. The County Administrator shall devote his full time to the duties of his office. Before entering upon the duties of his office, the Administrator shall give bond, with good security, payable to the Board of Commissioners of Chattooga County in the sum of $10,000.00, conditioned upon the faithful performance of his duties. Any cost arising from the execution of said bond shall be paid from the general funds of the County. Section 4. The Board of Commissioners may purchase necessary machinery, tools, equipment, supplies and services (hereinafter referred to collectively as `Goods and Services') for county use. All purchases of Goods and Services, wherein the purchase price is expected to be in excess of $750.00 shall be made by a sealed competitive bid. All bids shall be received in sealed envelopes and shall be opened and thereafter filed for two years in the office of the Board of Commissioners for public inspection. Goods and Services shall be purchased from the lowest responsible bidder. Such Goods and Services shall not be purchased unless sealed competitive bids are received from not less than two bidders. This Section shall not apply to repairs of Goods. Purchases. Section 5. When any personal property, with an acquisition value of $250.00 or more, owned by the county has become worn out, useless, junk or has been used to such an extent that it is advisable to dispose of it, the Board of

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Commissioners will certify in writing that such equipment is no longer useful in the service of the county. Upon such certification, the Board of Commissioners shall at public sale sell the unserviceable property and remit the proceeds from the sale to the treasury of the county. It shall be unlawful for the Board of Commissioners to sell such county personal property except by competitive sealed bids or at public auction after advertisement for such bids in the official organ of Chattooga County once a week for two consecutive weeks. Such advertisements shall give an adequate description of the property being offered for sale. The highest of such bids submitted must be accepted. The high bidder shall pay 100 percent cash at the time of sale. A file of all sealed bids received shall be retained for a period of two years by the clerk of the Board of Commissioners and shall be open to the public for inspection at any time within such two-year period. The Board of Commissioners may dispose of unserviceable county property having an acquisition value of less than $250.00 in any manner deemed in the best interest of the county. Any proceeds received therefrom will be deposited in the county treasury. Obsolete equipment. Section 6. No officer or employee of Chattooga County or of any agency thereof shall be interested, directly or indirectly, in any contract made with the county or receive any profit or emolument for any purchase or sale of material or other articles sold to the county or paid for from the public revenues of the county. Section 7. It shall be the duty of the Board of Commissioners to maintain an accurate running list of all county real and personal property, not including school property, having a value of $50.00 or more. An annual inventory of all property subject to said Board's 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 Board of Commissioners shall submit a copy of the inventory to the first meeting of the grand jury after the inventory has been taken. Inventory. Section 8. The use of the Chattooga County account to

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charge purchases of any kind for personal use of county officials or county employees or for any other individual is prohibited. Prohibition. Section 9. It shall be unlawful for any member of the Board of Commissioners or anyone acting under the authority of the Board to use, either directly or indirectly, any automobile or other property owned by Chattooga County for his or their own private profit, and any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Vehicle use. Section 10. (a) It shall be the duty of the Board of Commissioners to have conducted an annual certified audit of the financial affairs, books and records of Chattooga County. This audit requirement excludes the Chattooga County Board of Education. Such certified audits shall be made in accordance with the generally accepted auditing and accounting procedures as recognized by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The person or persons making such audit shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. Audit. (b) The auditor so employed shall make the audits provided for herein in accordance with generally accepted accounting procedures and principles and shall submit a complete and final report and audit to the Board of Commissioners not later than 120 days after the close of the budget year of Chattooga County. All audits provided for herein shall be certified to include and shall include, but shall not be limited to, a full and complete audit containing a balance sheet, a profit and loss statement, a detailed statement of all receipts and disbursements, a detailed financial listing of fixed assets (except school property) belonging to Chattooga County, and a statement showing all indebtedness of whatever kind of the county, its departments and agencies. Such audit shall, in addition to showing a complete

Page 2702

audit on a county basis, contain a separate audit for each department and agency of the county government. (c) The audit will be carefully reviewed and analyzed against the Chattooga County budget and supplements thereto, if applicable, that prevailed during the audit period by the grand jury first in session following the completion of such audit. (d) All audits, as provided by herein, shall be reproduced in sufficient number and five copies shall be delivered and filed with the Clerk of the Superior Court of Chattooga County, and such copies shall be maintained in the clerk's office for public inspection. (e) All annual audits shall be published in the legal organ of Chattooga County within 120 days after the end of the budget year. (f) The compensation of such auditor shall be fixed by agreements between the Board of Commissioners and the auditor selected to make such audit. The compensation of said auditor, as determined herein, shall be payable from the funds of Chattooga County. Section 11. The Board of Commissioners shall keep a book or books of records in which shall be recorded all official acts, and the Board shall be authorized to give orders or draw warrants against the county on funds arising from the ad valorem tax for public road purposes and on any other fund that may come into said county treasury for use and expenditure on county improvements. Section 12. (a) Each member of the Board of Commissioners, including the Chairman, shall be compensated in the amount of $200.00 per month payable from the funds of Chattooga 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

Page 2703

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 13. Each department which operates a county fund, except the board of education, shall submit an annual budget to the Board of Commissioners on or before April 1 of each year. The Board of Commissioners shall then review and adopt or amend, if necessary, and adopt a budget for the county by June 1 of each year, which, when so adopted, shall constitute the Board's appropriation of all funds from the fiscal year beginning July 1. In the event there is a need for a supplemental appropriation, the Board of Commissioners may amend the budget and the appropriation as may be necessary for the efficient and effective operation of the county government. The Board of Commissioners shall publish the budget and amendments thereto and approved supplemental appropriation in the official organ of Chattooga County within ten days after adoption. This section shall become effective for fiscal year 1976-1977. Budgets. Section 14. The Board of Commissioners shall publish an itemized list of all warrants and checks issued for each immediately preceding three-month period within 30 days following each such period, commencing April 1, 1976. The itemized list shall be posted on the bulletin board of the Chattooga County Courthouse and maintained thereon for at least 30 days. Itemized lists. Section 15. The Board of Commissioners is hereby authorized to appoint a clerk, who shall serve at the pleasure of the Board. The clerk shall receive such compensation as shall be fixed by the Board, and such compensation shall be payable in equal monthly installments from the funds of Chattooga County. The clerk shall give bond for the faithful performance of his duties in the sum of $1,000.00, payable to the Board of Commissioners of Chattooga County. It shall be the duty of the clerk to keep a book of minutes and other records and do such clerical work as is necessary in carrying out the work of his office. The Board is hereby authorized to employ such additional office personnel as may be necessary. Clerk.

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Section 16. 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 Chattooga 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 six months or less, the Judge of the Probate Court of Chattooga 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. Vacancies. Section 2 . 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 Chattooga County to issue the call for an election for the purpose of submitting this Act to the electors of Chattooga County for approval or rejection. The superintendent shall set the date of such election for May 4, 1976. 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 Chattooga County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for a Board of Commissioners of Chattooga County and providing for the election of the members of said Board and for the powers and duties of said Board be approved? 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 2705

3 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Chattooga 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 . If approved at the referendum election provided for by section 2 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 Chattooga 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 2 of this Act. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating the Office of Commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, so as to create a Board of Commissioners of Chattooga County; to provide for election of the members of said Board of Commissioners; to provide for other matters relative to the foregoing; to provide for a referendum; and for other purposes. This 12th day of Dec., 1975. John Crawford Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford

Page 2706

who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: December 18, 25, 1975 and January 1, 1976. /s/ John Crawford Representative, 5th District Sworn to and subscribed before me this 14th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 20, 1976. DOUGLAS COUNTYBOARD OF COMMISSIONERSQUALIFICATIONS CHANGED. No. 805 (House Bill No. 1420). 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 qualifications for members of the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, is hereby amended by striking from Section 2 the following: five years,

Page 2707

and inserting in lieu thereof the following: two years, so that when so amended, section 2 shall read as follows: Section 2. There is hereby created a Board of Commissioners of Douglas County to be composed of three members. In order to be eligible to serve on said board, a person must have resided in Douglas County for a period of two years, and must be qualified to vote for members of the General Assembly. Qualifications. 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 1976 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, so as to change the qualifications for members of the board of commissioners; and for other purposes. This 29th day of December, 1975. Thomas Kilgore, Representative, 65th District Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas 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

Page 2708

organ of Douglas County, on the following dates: December 31, 1975 and January 6, 13, 1976. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 20, 1976. COLUMBUSJAILER REQUIRED TO KEEP PRISONER RECORD. No. 806 (House Bill No. 1434). An Act to amend an Act requiring the sheriffs of this State to keep a record of prisoners committed to the jail of the county of which they are sheriff approved February 26, 1877 (Ga. L. 1877, p. 111), so as to add Muscogee County (the consolidated government of Columbus, Georgia) to the proviso in said Act now applicable to Richmond County, to the effect that such book shall be kept at the jail by the jailer, and shall otherwise be kept as provided in said law for 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 requiring the sheriffs of this State to keep a record of prisoners committed to the jail of the county of which they are sheriff, approved February 26, 1877 (Ga. L. 1877, p. 111) is hereby amended by adding after the words county of Richmond in section 1 of said Act the words and in the county of Muscogee (the consolidated

Page 2709

government of Columbus, Georgia) so that when thus amended, said section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, that the sheriff of each county in this State shall keep a well-bound book, provided for that purpose, a record of all persons committed to the jail of the county of which he is sheriff, which record shall contain the name and address of the person committed, time and place of arrest, age, sex, and color, under what process committed, and from what court issued, the crime charged, the date of commitment to jail, and the day of discharge, and under what order discharged, and the court from which it issued; and which book shall, at all times, be subject to examination by any person, and the sheriff shall keep the book on file in his office; Provided, that in the county of Richmond and in the county of Muscogee (the consolidated government of Columbus, Georgia) the book shall be kept by the jailer, and which shall be kept as provided for sheriffs, except that it be kept in the jail. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Columbus, Muscogee County, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in

Page 2710

January, 1976, for the passage of a Bill to amend an Act requiring the sheriffs of this State to keep a record of prisoners committed to the jail of the county of which they are sheriff approved February 26, 1877 (Ga. L. 1877, p. 111), so as to add Muscogee County (the consolidated government of Columbus, Georgia) to the proviso in said Act now applicable to Richmond County, to the effect that such book shall be kept at the jail by the jailer, and shall otherwise be kept as provided in said law for sheriffs; to provide an effective date; to repeal conflicting laws, and for other purposes. This 23rd day of December, 1975. Lennie F. Davis City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John E. Parrish, Jr. who, on oath, deposes and says that he is Representative from the 97th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: December 23, 30, 1975 and January 6, 1976 /s/ John E. Parrish Representative, 97th District Sworn to and subscribed before me, this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 20, 1976.

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TOWN OF PINEVIEWCHARTER AMENDEDTERMS OF OFFICE CHANGED. No. 807 (House Bill No. 1448). An Act to amend an Act incorporating the Town of Pineview, approved December 10, 1902 (Ga. L. 1902, p. 551), as amended, so as to change the terms of office of the mayor and council; to stagger 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 incorporating the Town of Pineview, approved December 10, 1902 (Ga. L. 1902, p. 551), as amended, is hereby amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The municipal general election shall be conducted on the third Wednesday of December of each year. In the 1976 general election, that candidate who is elected to the office of mayor, and those three candidates who are elected to the office of alderman who shall receive the highest number of votes cast in said election, shall serve for a term of office of two years and until their successors are duly elected and qualified. The remaining two aldermen who shall be elected to office in said election shall serve for a term of office of one year and until their successors are duly elected and qualified. Thereafter, successors to all of said offices shall be elected in the municipal general election which shall be conducted immediately prior to the expiration of the respective term of office, and they shall serve for a term of office of two years and until their successors are duly elected and qualified. That candidate who shall receive the highest number of votes cast in such elections for each respective office shall be elected to office. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to change the terms of Office of the Mayor and Council of the Town of Pineview, Georgia, to stagger their terms of office and for other purposes. This 10 day of December, 1975. /s/ 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 newspapers once a week for three weeks on the 18th and 26th days of December, 1975 and on the 2nd day of January, 1976, and that said notice has been published as provided by law. /s/ Jack C. Matthews Sworn to and subscribed before me on this 6th day of January, 1976. /s/ Paulene W. Roberson Notary Public, State of Georgia. My Commission expires Jan. 14, 1976. (Seal). Approved February 20, 1976.

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BACON COUNTYBOARD OF EDUCATIONMEMBERS ELECTION, ETC.REFERENDUM. No. 808 (House Bill No. 1525). An Act to provide for the election of members of the Board of Education of Bacon County; to provide for education districts and posts; to provide for the election of the Chairman and members of the Board; to provide for the compensation of the Chairman and members of the Board; to provide for filling vacancies on the Board; to provide for the appointment of the Bacon County Superintendent of Schools; to provide for the election of the Bacon 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 Bacon County shall be composed of five members to be elected as hereinafter provided. Bacon County is hereby divided into five education districts as follows: Members. Education District 1 shall be comprised of all of the territory in Bacon County. Education District 2 shall be comprised of all of the territory contained in the Rockingham Census County Division 10. Education District 3 shall be comprised of all of the territory contained in Enumeration Districts 8 through 10 of the Alma Census County Division 5. Education District 4 shall be comprised of all of the territory contained in Enumeration Districts 4 through 7 of the Alma Census County Division 5. Education District 5 shall be comprised of all of the

Page 2714

territory contained in Enumeration Districts 4 through 7 of the Alma Census County Division 5. For the purpose of electing members of the Board of Education of Bacon County, the five positions on the Board are hereby designated as Education Posts 1 through 5, respectively. Education post positions on the Board shall correspond to the same numerical designations as the education districts. The Chairman of the Board of Education shall be elected from Post 1. Section 2 . Any person seeking election to the Board of Education of Bacon County shall designate the particular education post for which he is offering as a candidate. One member of the Board of Education shall be elected for each education post. No person shall be eligible to qualify as a candidate for election to the Board of Education unless he has been a bona fide resident for at least one year immediately preceding the date of the election of the education district and post for which he is a candidate. 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 Bacon 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. Qualifications. Section 3 . (a) The first members of the Board of Education of Bacon County provided for herein shall be elected at the general election conducted in November, 1976, and they shall assume office on the first day of January, 1977, for terms as follows: those members elected from Education Posts 1, 3 and 5 shall each serve for terms of four years, and those members elected from Education Posts 2 and 4 shall each 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 they shall assume office on the first day of January immediately following their respective elections, and they shall each serve for terms of four years. All members shall serve until their successors are elected and qualified. Election.

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(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. Vacancies. Section 4 . (a) The Chairman of the Board of Education of Bacon County shall be compensated in the amount of $100.00 per month. Salaries. (b) The other members of the Board shall be compensated in the amount of $50.00 per month. Section 5 . The Bacon County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the heretofore existing Bacon County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 6 . (a) The Bacon 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 appointed by the Board of Education of Bacon 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 Bacon 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

Page 2716

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 Bacon County shall be composed of five members to be elected as hereinafter provided. Bacon County is hereby divided into five education districts as follows: Members. Education District 1 shall be comprised of all of the territory in Bacon County. Education District 2 shall be comprised of all of the territory contained in the Rockingham Census County Division 10. Education District 3 shall be comprised of all of the territory contained in Enumeration Districts 8 through 10 of the Alma Census County Division 5. Education District 4 shall be comprised of all of the territory contained in Enumeration Districts 4 through 7 of the Alma Census County Division 5. Education District 5 shall be comprised of all of the territory contained in Enumeration Districts 4 through 7 of the Alma Census County Division 5. For the purpose of electing members of the Board of Education of Bacon County, the five positions on the Board are hereby designated as Education Posts 1 through 5, respectively. Education post positions on the Board shall correspond to the same numerical designations as the education districts. The Chairman of the Board of Education shall be elected from Post 1. Section 2 . Any person seeking election to the Board of Education of Bacon County shall designate the particular education post for which he is offering as a candidate. One

Page 2717

member of the Board of Education shall be elected for each education post. No person shall be eligible to qualify as a candidate for election to the Board of Education unless he has been a bona fide resident for at least one year immediately preceding the date of the election of the education district and post for which he is a candidate. Candidates shall be elected by a majority vote of the qualified voters of the entire county voting in an electin conducted for the purpose of electing members of the Board of Education of Bacon 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. Section 3 . (a) The first members of the Board of Education of Bacon County provided for herein shall be elected at the general election conducted in November, 1976, and they shall assume office on the first day of January, 1977, for terms as follows: those members elected from Education Posts 1, 3 and 5 shall each serve for terms of four years, and those members elected from Education Posts 2 and 4 shall each 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 they shall assume office on the first day of January immediately following their respective elections, and they shall each serve 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. Vacancies. Section 4 . (a) The Chairman of the Board of Education of Bacon County shall be compensated in the amount of $100.00 per month. Salaries.

Page 2718

(b) The other members of the Board shall be compensated in the amount of $50.00 per month. Section 5 . The Bacon County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the heretofore existing Bacon County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 6 . (a) The Bacon 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 Bacon 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 Bacon 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. Superintendent. (b) Any Bacon 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 . 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 Bacon County to issue the call for an election for the purpose of submitting

Page 2719

to the electors of the Bacon County School District the Proposals hereinafter provided relative to the Board of Education of Bacon County and the Bacon County Superintendent of Schools. The Election Superintendent shall set the date of such election for Tuesday, May 4, 1976, and he shall issue the call for such election at least 30 days prior to the date thereof. 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 Bacon County. The ballot shall be prepared so that the electors shall have an opportunity to vote for one of the three following Proposals: () Proposal No. 1: For approval of the Board of Education of Bacon County remaining as presently constituted and appointed by the Grand Jury of Bacon County, and the Bacon County Superintendent of Schools shall continue to be elected by the qualified electors of the Bacon County School District. Referendum. () Proposal No. 2: For approval of Article I of this Act which provides for the election of the members of the Board of Education of Bacon County and for the appointment of the Bacon County Superintendent of Schools by the Board of Education of Bacon County. () Proposal No. 3: For approval of Article II of this Act which provides for the election of the members of the Board of Education of Bacon County and for the election of the Bacon County Superintendent of Schools by the qualified electors of the Bacon County School District. Electors shall vote for only one of the three Proposals in order for their votes to be counted. If Proposal No. 1 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 Bacon County shall remain as presently constituted and appointed by the Grand Jury of Bacon County, and the Bacon County Superintendent of Schools shall continue to be elected by the qualified electors of the Bacon County School District. In the event Proposal No. 2 receives the

Page 2720

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. 3 receives the most votes, Article II of this Act shall become effective and Article I shall be void and of no force and effect. The expense of such election shall be borne by Bacon 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 1976 Session of the General Assembly of Georgia, pursuant to recommendations of previous grand juries of Bacon County, a bill to provide for the election of the members of the Board of Education of Bacon County; to provide for the election or appointment of the County School Superintendent of Bacon County by the Board of Education of Bacon County; to provide for other matters relative to the foregoing; to provide for a referendum; and for other purposes. This 25th day of December, 1975. Bobby Wheeler Representative, 152nd district Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby A. Wheeler who, on oath, deposes and says that he is Representative from the 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 1, 8, 15, 1976. /s/ Bobby A. Wheeler Representative, 152nd district

Page 2721

Sworn to and subscribed before me, this 20th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 20, 1976. SMALL CLAIMS COURTSJURISDICTIONAL AMOUNTS CHANGED. (22,830-23,500). No. 810 (House Bill No. 1546). An Act to amend an Act creating a small claims court in and for each county of the state having a population of not less than 22,830 and not more than 23,500, according to the United States Decennial Census of 1970 or any future such census, approved March 28, 1974 (Ga. L. 1974, p. 3650), so as to change the jurisdictional amount of the small claims court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a small claims court in and for each county of the State having a population of not less than 22,830 and not more than 23,500, according to the United States Decennial Census of 1970 or any future such census, approved March 28, 1974 (Ga. L. 1974, p. 3650), is hereby amended by striking from section 1 thereof the following: Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved is not less than $200 and 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.,

Page 2722

and inserting in lieu thereof the following: 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., so that when so amended said section shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than 23,500, according to the United States Decennial Census of 1970 or any future such census. 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. Jurisdiction. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1976. INTOXICATING BEVERAGESCERTAIN SUNDAY SALES PROVIDED. (300,000 OR MORE). No. 818 (House Bill No. 405). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1972 (Ga. L. 1972, p. 207), so as to authorize the sale of distilled spirits, malt beverages or wine during certain

Page 2723

hours in certain establishments on Sundays in all municipalities in this State having populations of not less than 300,000; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Whereas, the State of Georgia is now the second most popular of the thirteen southern states in travel and tourism; and Whereas, the large cities of Georgia have become major travel destinations for domestic and international visitors and convention delegates; and Whereas, the travel and convention industry contributes over $1 billion to the State's economy, and more than $72 million in tax revenue each year and gives jobs to more than 125,000 persons; and Whereas, it is important to provide travelers and convention delegates with the usual conveniences and attractions to which they are accustomed; and Whereas, the availability of properly controlled spirituous, malt and vinous beverages by the drink has been a major asset to the growth of Georgia's travel and convention industry, as well as to the general economy of the State; and Whereas, many local businesses, their employees, their owners and the general economy of large metropolitan areas of the State depend on the continued health of Georgia's travel and convention industry; and Whereas, the continued economic health and growth of the Georgia travel and convention industry depends on maintaining a strong competitive advantage over other states, regions, and other countries of the world. Now, therefore, be it enacted by the General Assembly of Georgia:

Page 2724

Section 1 . An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1972 (Ga. L. 1972, p. 207), is hereby amended by adding to the end of section 28 the following: It shall be lawful to sell distilled spirits, malt beverages or wine on Sundays between the hours of 12:30 p.m. and 12:00 o'clock midnight in public stadiums, coliseums, and auditoriums with a seating capacity in excess of 12,000 persons, and in eating establishments as defined herein in all municipalities of this State having populations of 300,000 or more, accroding to the United States Decennial Census of 1970 or any such future census. For the purpose of this Section, `eating establishment' shall mean an establishment which is licensed to sell distilled spirits, malt beverages or wine and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. 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 . 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 February 27, 1976.

Page 2725

TAX COLLECTION STUDY COMMISSIONDISSOLUTION PROVIDED, ETC. (250,000-500,000). No. 823 (House Bill No. 1231). An Act to amend an Act entitled An Act to create in any county having a population of 250,000 and not more than 500,000 according to the United States census of 1960 or any future United States census, a tax collection study commission to study the collection and assessment of State and county taxes and municipal taxes of cities lying wholly in such county; to provide the number and manner of the selection of the members of such commission; to define its duties and for other purposes., approved March 6, 1962 (Ga. L. 1962, p. 3168), so as to provide for the dissolution and discharge of the commission created therein; 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 in any county having a population of 250,000 and not more than 500,000 according to the United States census of 1960 or any future United States census, a tax collection study commission to study the collection and assessment of State and county taxes and municipal taxes of cities lying wholly in such county; to provide the number and manner of the selection of the members of such commission; to define its duties and for other purposes., approved March 6, 1962 (Ga. L. 1962, p. 3168), is hereby amended by adding at the end of section 4 the following: Upon completion of its study and filing of its report as provided herein, the commission shall be dissolved, cease all activities, and be discharged of all duties and responsibilities created herein., so that when so amended, section 4 shall read as follows: Section 4. Said commission shall complete its study and file its written report to the governing body of such county

Page 2726

within one year after the passage and approval of this Act. Upon completion of its study and filing of its report as provided herein, the commission shall be dissolved, cease all activities, and be discharged of all duties and responsibilities created herein. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. COUNTY TAX DIGESTSSEPARATE COLOR REQUIREMENTS DELETED. (200,000 OR MORE, 70,000-100,000). No. 833 (House Bill No. 1241). An Act to repeal an Act entitled An Act to require the tax-receivers in all counties in this State having a population of 200,000 inhabitants or more by the U. S. census of 1930, or any future U. S. census, to list in the white, and colored tax-digests respectively the names of the tax-payers in continuous alphabetical order without segregation by militia districts or other local subdivisions; and for other purposes., approved March 19, 1935 (Ga. L. 1935, p. 476); to repeal an Act entitled An Act to require the tax-receivers in all counties in this State having a population of not less than 70,000 and not more than 100,000 inhabitants by the United States Census of 1930, or any future United States Census, to list in the white and colored digests respectively the names of the tax-payers in continuous alphabetical order in said digests according to the names of the taxpayers, without segregation by militia districts or other local subdivisions., approved February 2, 1938 (Ga. L. 1937-38, Ex. Sess., p. 185); 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 require the tax-receivers

Page 2727

in all counties in this State having a population of 200,000 inhabitants or more by the U. S. Census of 1930, or any future U. S. Census, to list in the white, and colored tax-digests respectively the names of the taxpayers in continuous alphabetical order without segregation by militia districts or other local subdivisions; and for other purposes., approved March 19, 1935 (Ga. L. 1935, p. 476), is hereby repealed in its entirety. Repeal. Section 2 . An Act entitled An Act to require the tax-receivers in all counties in this State having a population of not less than 70,000 and not more than 100,000 inhabitants by the United States Census of 1930, or any future United States Census, to list in the white and colored digests respectively the names of the taxpayers in continuous alphabetical order in said digests according to the names of the taxpayers, without segregation by militia districts or other local subdivisions., approved February 2, 1938 (Ga. L. 1937-38, Ex. Sess., p. 185), is hereby repealed in its entirety. Repeal. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. COLUMBUSMUNICIPAL COURT JUDGEVACANCY PROVISIONS CHANGED, ETC. No. 847 (House Bill No. 1411). An Act to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. L. 1952, p. 2184), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2645), an Act approved March 4, 1966 (Ga. L. 1966, p. 3030), an Act approved March 10, 1970 (Ga. L. 1970, p. 2340), and by an Act approved March 29, 1971 (Ga. L. 1971, p. 2241),

Page 2728

so as to change the procedure of filling a vacancy created by the death of the judge of the municipal court; to remove the provision whereas appointments of deputy marshals shall be by and with the approval of the judge of the municipal court of Columbus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing justice courts and the office of the justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. L. 1952, p. 2184), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2645), an Act approved March 4, 1966 (Ga. L. 1966, p. 3030), an Act approved March 10, 1970 (Ga. L. 1970, p. 2340), and by an Act approved March 29, 1971 (Ga. L. 1971, p. 2241), is hereby amended by striking sections 7 and 8 in their entirety and substituting in lieu thereof new sections 7 and 8 to read as follows: Section 7. Be it further enacted by the authority aforesaid, that in the event the judge of said court is unable to discharge the duties of his office by reason of his death, absence or on account of sickness, or for any cause he/she is disqualified from presiding, provided there be no other provision of law providing for a judge to preside in said court, the Governor shall have the power to appoint some competent attorney, a resident of Muscogee County and with the same qualifications as the judge of said court, to preside in said court and, when so appointed, such attorney shall have the same duties and powers; provided, further that the compensation of such attorney for actual service as presiding judge shall be paid by the City of Columbus and deducted from the salary of the elected judge of said court until the presiding judge returns to office, or, in case of death, until the next general election. The judge of the court shall be commissioned by the Governor of the State of Georgia. Vacancy. Section 8. In any cause or matter before said court in

Page 2729

which the judge is disqualified, the parties in said cause or matter may agree upon a judge pro hac vice who may preside, and in the event the parties in any cause or matter in which the judge is disqualified cannot agree upon a judge pro hac vice, the clerk of said court is authorized to name a judge pro hac vice, under the same circumstances as the clerk of the superior court may name a judge pro hac vice and any person acting as judge pro hac vice, whether agreed upon by the parties or appointed by the clerk of the said court. The judge pro hac vice shall receive no compensation. Judge pro hac vice. Section 2 . 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 marshal of said county shall appoint a deputy marshal or deputy marshals for properly conducting the business of said court, as the business of said court may demand. Marshal. Section 3 . All laws and parts of laws in conflict 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, 1976 session of the General Assembly of Georgia, a bill to amend an Act to provide for filling any vacancy in the office of Judge of the Municipal Court of Columbus and to provide for the Marshal to appoint Deputy Marshals of the Municipal Court of Columbus, to provide an effective date; to repeal conflicting laws; and for other purposes. This 30 day of December, 1975. Rufe E. McCombs (LS) Judge Municipal Court of Columbus, Ga. Gus H. Skinner (LS) Marshal, Municipal Court of Columbus, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck,

Page 2730

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 6, 13, 20, 1976. /s/ Thomas B. Buck Representative, 95th District Sworn to and subscribed before me this 23rd day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976. CITY OF WHITE PLAINSCHARTER AMENDEDTERMS OF OFFICE CHANGED. No. 848 (House Bill No. 1455). An Act to amend an Act incorporating the City of White Plains in the County of Greene, approved August 4, 1917 (Ga. L. 1917, p. 898), as amended, so as to change the terms of office of mayor and councilmen of said city; to change the term of office of the mayor pro tem.; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of White Plains in the County of Greene, approved August 4, 1917 (Ga. L. 1917, p. 898), as amended, is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows:

Page 2731

Section 5. On the first Wednesday in December, 1976, and, quadrennially thereafter, an election shall be conducted in said city to elect a mayor and six councilmen who shall serve for terms of office of four (4) years each and until their successors are duly elected and qualified. Each officer so elected shall enter upon the duties of his office on the first day of January following his election. At the first regular meeting of the mayor and council, after their election and qualification, they shall elect one of their number mayor pro tem., whose term of office shall be for four (4) years. In event the office of mayor, or any one or more of said council, shall become vacant, for any cause whatsoever, the remaining members of the council shall fill said vacancy or vacancies for the unexpired term. Terms. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice White Plains has asked Mr. E. Roy Lambert to have the coming legislature to change the charter so they will have to hold election for city officiials only every 4 years. 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 which is the official organ of Greene County, on the following dates: January 3, 10, 17, 1976. /s/ E. Roy Lambert Representative, 112th District

Page 2732

Sworn to and subscribed before me this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976. CORONERSSALARY CHANGED. (165,000-175,000). No. 849 (House Bill No. 1462). An Act to amend an Act providing an annual salary for the coroners in all counties of this State having a population of not less than 165,000 or more than 175,000, according to the United States Decennial Census of 1970 or any future such census, approved March 29, 1971 (Ga. L. 1971, p. 239), so as to change the salary of such coroners; to provide 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 coroners in all counties of this State having a population of not less than 165,000 or more than 175,000, according to the United States Decennial Census of 1970 or any future such census, approved March 29, 1971 (Ga. L. 1971, p. 239), is hereby amended by striking from subsection (a) of Section 1 the following: $6,000.00, and inserting in lieu thereof the following: $12,500.00, so that when so amended, subsection (a) shall read as follows:

Page 2733

(a) The coroners of all counties of this State having a population of not less than 165,000 or more than 175,000 according to the United States decennial census of 1970 or any future such census shall receive an annual salary of $12,500.00 to be paid in equal monthly installments from the funds of such counties. Said salary shall be in lieu of all fees or other emoluments or compensation. Section 2 . This Act shall become effective on July 1, 1976. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1976. MADISON COUNTYBOARD OF COMMISSIONERSSALARY CHANGES, ETC. No. 850 (House Bill No. 1496). An Act to amend an Act creating a Board of Commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to change the provisions relative to meetings of the board; to change the compensation of the chairman and other members of the board of commissioners; to change the provisions relative to travel expenses; to provide for operating expenses; to provide that the chairman of the board of commissioners and the foreman of the public works of the county shall each be furnished a pickup truck; to provide for the purchase and sale of such trucks and operating expenses; to provide for a communications system between the office of county commissioners and the operators of such trucks; to change the provisions relative to the clerk of the board; to provide for the inspection of certain public buildings, roads and bridges; to provide for reports and additional compensation with respect to such inspections; to provide for semiannual reports by the board; to provide for additional compensation for certain county

Page 2734

officers or their designees under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Board of Commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The board shall meet at least twice a month on the first and third Tuesday; provided, however, that if a meeting is scheduled on a holiday, such meeting will be held on the Wednesday following such holiday. The board shall set the time for such meetings, and public notice shall be given of the time, place and date of each such meeting. The board may hold special meetings at any time on the call of the chairman or on the call of the majority of the members of the board; provided, further, no such special or called meeting shall be held for any purpose unless notice thereof has been given in writing to all members of the board at least 48 hours prior to the time set for said meeting. Said notice may be waived by the members of the board, provided the waivers are in writing and signed by all members of the board and made a part of the record. Proceedings of any meetings not held in conformity and in compliance with the foregoing shall be null, void and of no effect. 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. (a) The Chairman of the Board of Commissioners of Madison County shall receive a salary of $12,000.00 per annum payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $2,400.00 per annum payable in equal monthly installments from county funds. Chairman. (b) In addition to the above salaries, each member of the

Page 2735

board, including the chairman, may receive up to, but not in excess of, $500.00 per annum in travel expenses; provided, however, that no member shall receive more than $100.00 in travel expenses in any one calendar month. Such travel expenses shall be paid only for out-of-town travel on county business at actual transportation cost while traveling by public carrier or at ten cents per mile when using a personal automobile. Each member shall be paid such travel expenses upon submitting to the clerk of the board a statement of such travel supported by proper vouchers. If a member of the board fails to incur $500.00 in travel expenses, such balance remaining shall not be carried over to the next calendar year. Members. (c) The operating expenses of the office of the county commissioners shall be paid from county funds. Section 3 . Said Act is further amended by adding between sections 9 and 10 a new section to be designated section 9A to read as follows: Section 9A. The Chairman of the Board of Commissioners of Madison County and the foreman of the public works of the county shall each be furnished a pickup truck to be used in the official performance of the duties of each official's office. The county shall pay for the operating expenses, maintenance, repairs and replacement of such trucks. Such trucks shall be replaced at least once every four years. Each truck shall have the name of the office to which it is furnished clearly written on each door of the truck. There shall be a communications system installed to assure communication between the office of the county commissioners and the operator of each truck. Trucks. In all transactions of said board involving the sale or purchase of such trucks, the board shall advertise for bids upon the bulletin board in the courthouse of Madison County, and at least once in the official county organ, at least ten days before contracts are to be let or awarded. When bids are opened, the contracts shall be let or awarded to the best and lowest bidder, but the board shall have the right to reject any and all bids and to readvertise for further bids

Page 2736

in the manner above provided. Before any contract is let or awarded to any person, firm or corporation for the sale or purchase of such trucks, there must have been at least two bids of record with the board. All bids whether accepted or rejected shall be filed for permanent record with the clerk of the board. Section 4 . 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. At least once every six months, all public buildings, paved roads, dirt roads and bridges in Madison County may be inspected jointly by the board of commissioners and foreman of the public works of the county. Such officials may make a written report of their findings which shall be typed and filed with the clerk. All such reports shall be available for public inspection at reasonable times. The foreman shall also notify the clerk when work projects are initiated and the date of their completion. Such reports shall also be a matter of public record. Inspections. In December of each year, if the required reports have been properly filed and recorded and are available for public inspection, the clerk and members of the board of commissioners, except the chairman, shall be entitled to an additional $200.00 compensation for each calendar year. Section 5 . Said Act is further amended by adding between sections 10 and 11 two new sections to be designated sections 10A and 10B to read as follows: Section 10A. The board shall make a semiannual report evidencing the assets, liabilities, revenues received and expenditures relative to Madison County. The report shall also show where county funds are deposited. The report shall be in resume form, signed by the members of the board and published in the official organ of Madison County. A resume of the auditor's annual report may serve as one of such reports. Reports. Section 10B. The board of county commissioners shall be

Page 2737

authorized to compensate the Clerk of the Superior Court, Judge of the Probate Court, Sheriff, Tax Commissioner, County Attorney or any department head in the Madison County government or the designee of any of the above officers for out-of-county travel expenses in the performance of official duties. Each office or department shall be limited to $500.00 per annum travel expenses but not to exceed $100.00 per calendar month; provided, however, that the board by a majority vote of its members may waive the $500.00 maximum limitation with respect to extraordinary travel expenses incurred by the sheriff's office in the performance of official duties. Travel expenses shall be paid upon the submission of a statement of travel supported by proper vouchers. If an office or department fails to incur $500.00 in travel expenses, such balance remaining shall not be carried over to the next calendar year. Section 6 . 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. The chairman shall have authority to employ a Clerk of the Board of Commissioners of Madison County who shall serve at the pleasure of the chairman, except as further provided herein. The clerk shall be required to have accounting and bookkeeping experience. The clerk shall be required to record the minutes of all meetings, to countersign all county warrants and to perform such other duties as may be required by this Act or the chairman. The clerk shall be placed under a bond of $50,000.00 payable to the Board of Commissioners of Madison County, the premiums to be paid by the county. The clerk shall be compensated in an amount to be determined by the board of commissioners and shall be paid in equal monthly installments from county funds. Clerk. Upon a unanimous vote by a Grand Jury of Madison County showing written cause why the clerk of the board should be removed from office, the judge of the superior court may, upon an examination of the record and any further investigation of the clerk's office, remove said clerk from the office; provided, however, that the clerk shall be

Page 2738

entitled to a hearing before the judge of the superior court prior to such decision. A written report of the judge's findings shall be delivered to the clerk and to the board of commissioners. Section 7 . This Act shall become effective January 1, 1977. 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 1976 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to change the provisions relative to meetings of the board; to change the compensation of the chairman and other members of the board of commissioners; to change the provisions relative to travel expenses; to provide for operating expenses; to provide that the chairman of the board of commissioners and the foreman of the public works of the county shall be furnished a pickup truck; to provide for the purchase and sale of such trucks and operating expenses; to provide for a communications system between the office of county commissioners and the operators of such trucks; to change the provisions relative to the clerk of the board; to provide for the inspection of certain public buildings, roads and bridges; to provide for reports and additional compensation with respect to such inspections; to provide for semi-annual reports by the board; to provide for additional compensation for certain county officers or their designees under certain circumstances; to provide an effective date; and for other purposes. This 12th day of December, 1975. Louie M. Clark Representative, 13th District

Page 2739

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark 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 Danielsville Monitor which is the official organ of Madison County, on the following dates: December 19, 26, 1975 and January 2, 1976. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me this 6th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976. TIFT COUNTY DEVELOPMENT AUTHORITYBOND INTEREST RATE INCREASED. No. 851 (House Bill No. 1522). An Act to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, approved April 9, 1963 (Ga. L. 1963, p. 3191), as amended April 18, 1969 (Ga. L. 1969, p. 2874), so as to increase the maximum interest rate on bonds and other obligations of the authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Act further defining and prescribing the purposes, powers and duties of the Tift County Development

Page 2740

Authority and the exercise thereof, approved April 9, 1963 (Ga. L. 1963, p. 3191), as amended April 18, 1969 (Ga. L. 1969, p. 2874), is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. All bonds and other obligations issued by the authority may be sold at public or private sale; shall bear such date or dates; mature at such time or times, not exceeding 30 years from their respective dates; bear interest at such rate or rates, not exceeding nine percent (9%) per annum; be in such denominations; carry such registration privileges; be subject to such redemption privileges, and contain such terms, covenants, assignments and conditions as the resolution or other proceedings authorizing the issuance thereof may provide; all of which shall be binding upon the authority and its successors. Bonds. Section 2 . 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 1976 session of the General Assembly of Georgia to amend existing laws so as to increase the rate of interest which may be paid by the Tift County Development Authority on loans and other obligations. Charles A. Kent, Chairman Tift County Development Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Wilkes Carter 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 Daily Tifton Gazette which is the official organ

Page 2741

of Tift County, on the following dates: December 13, 20, 27, 1975. /s/ Jack Wilkes Carter Representative, 146th District Sworn to and subscribed before me this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976. CHATTOOGA COUNTYSUPERIOR COURT CLERKBUDGET PROVIDED, ETC. No. 852 (House Bill No. 1537). An Act to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2991), as amended particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 2309), so as to change the provisions relative to the deputy clerk; to provide for budgets for the operation of the clerk'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 Clerk of the Superior Court of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2991), as amended, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 2309), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows:

Page 2742

Section 2. (a) The fiscal year of the Clerk of the Superior Court 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 Clerk 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 Clerk 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 of the Clerk's office, other than construction, repair or capital improvement of county buildings during said fiscal year. The expenditures shall be itemized as follows: (1) Salary of the Clerk of the Superior Court. (2) Salaries of deputies, clerks, secretaries and assistants. (3) Travel expenses. (4) Miscellaneous expenses. (5) Equipment. (6) Such other items as may be required by the governing authority. (b) The Clerk 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 authority shall deem necessary. The governing authority of the county may require the Clerk 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

Page 2743

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 Clerk, it shall enter its disapproval therein 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. (c) 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 Clerk of the Superior Court in the event the Clerk 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 Clerk, one member appointed by the governing authority of Chattooga County, and one member appointed by the members appointed by the governing authority and the Clerk. If the members appointed by the Clerk 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 year each and until their successors are elected and qualified. (d) Upon receipt of such annual budget by the advisory board of the governing authority, said board shall review the same and may recommend to the governing authority that the 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

Page 2744

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 Clerk to appear and present evidence supporting the budget as submitted by him. (e) 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 the recommendations of the board. (f) The budget for the Clerk 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 Clerk and the governing authority shall abide by same until amended as hereinafter provided. A copy of the final budget shall be served upon the Clerk. (g) For every fiscal year after the 1977 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. (h) For the fiscal year 1976, the governing authority shall pay all sums which become due and payable under the budget submitted by the Clerk even though the budget might not have been approved by the governing authority; provided, however, that if the governing authority disapproves one or more of the budgets submitted by the Clerk, 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

Page 2745

as finally determined and approved shall be retroactive to the first day of the 1976 fiscal year. (i) The Clerk 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 (d) hereof shall apply to such proposed amendment. Section 2 . Said Act is further amended by striking from section 3 the following language: The Clerk of Chattooga County shall prepare and submit in writing to the Commissioner of Roads and Revenues of Chattooga County, an itemization of such supplies and equipment as are from time to time needed to efficiently run the office of Clerk of the Superior Court of Chattooga County. Upon the approval by the commissioner, such supplies and equipment shall be furnished to the Clerk for his office and paid for from the funds of Chattooga County. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2991), as amended, so as to change the provisions relative to the personnel of the Clerk

Page 2746

of the Superior Court; and for other purposes. This 29th day of December, 1975. John Crawford, Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 1, 8, 15, 1976. /s/ John Crawford Representative, 5th District Sworn to and subscribed before me this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976. CHATTOOGA COUNTYTAX COMMISSIONERBUDGET PROVIDED, ETC. No. 853 (House Bill No. 1538). An Act to amend an Act creating the office of Tax Commissioner of Chattooga County, approved March 21, 1968 (Ga. L. 1968, p. 2492), as amended, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 2320), so as

Page 2747

to change the provisions relative to personnel of the Tax Commissioner; to provide for annual budgets for the office of Tax Commissioner; 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 office of Tax Commissioner of Chattooga County, approved March 21, 1968 (Ga. L. 1968, p. 2492), as amended, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 2320), 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 fiscal year of the Tax Commissioner 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 Tax Commissioner 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 Tax Commissioner 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 of the office of the Tax Commissioner, 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 Tax Commissioner. (2) Salaries of deputies, clerks, secretaries and assistants. (3) Travel expenses. (4) Miscellaneous expenses. (5) Equipment.

Page 2748

(6) Such other items as may be required by the governing authority. (b) The Tax Commissioner 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 authority shall deem necessary. The governing authority of the county may require the Tax Commissioner 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 Tax Commissioner, 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. (c) 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 Tax Commissioner in the event the Tax Commissioner 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 Tax Commissioner, one member appointed by the governing authority of Chattooga County, and one member appointed by the members appointed by the governing authority and the Tax Commissioner. If the members appointed by the Tax Commissioner 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

Page 2749

residents of Chattooga County. Said persons shall be appointed to terms of office of one year each and until their successors are elected and qualified. (d) Upon receipt of such annual budget by the advisory board of the governing authority, said board shall review the same and may recommend to the governing authority that the 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 Tax Commissioner to appear and present evidence supporting the budget as submitted by him. (e) 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 the recommendations of the board. (f) The budget for the Tax Commissioner 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 Tax Commissioner and the governing authority shall abide by same until amended as hereinafter provided. A copy of the final budget shall be served upon the Tax Commissioner. (g) For every fiscal year after the 1977 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

Page 2750

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. (h) For the fiscal year 1976, the governing authority shall pay all sums which become due and payable under the budget submitted by the Tax Commissioner even though the budget might not have been approved by the governing authority; provided, however, that if the governing authority disapproves one or more of the budgets submitted by the Tax Commissioner, 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 1976 fiscal year. (i) The Tax Commissioner 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 (d) hereof shall apply to such proposed amendment. 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 1976 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner of Chattooga County, approved March 21, 1968 (Ga.

Page 2751

L. 1968, p. 2492), as amended, so as to change the provisions relative to personnel in the office of Tax Commissioner; and for other purposes. This 29th day of December, 1975. John Crawford, Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 1, 8, 15, 1976. /s/ John Crawford Representative, 5th District Sworn to and subscribed before me this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976. CHATTOOGA COUNTYPROBATE COURTBUDGET PROVIDED, ETC. No. 854 (House Bill No. 1539). An Act to amend an Act placing the Judge of the Probate Court of Chattooga County upon an annual salary approved

Page 2752

April 5, 1961 (Ga. L. 1961, p. 3491), as amended, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 2314), so as to change the provisions relative to clerical help for said officer; to provide for an annual budget for the operation of the office of said officer; 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 Judge of the Probate Court of Chattooga County upon an annual salary approved April 5, 1961 (Ga. L. 1961, p. 3491), as amended, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 2314), 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 fiscal year of the Judge of the Probate Court 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, said Judge 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. Said Judge 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 of the office of the Judge of the Probate Court, 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 Judge of the Probate Court. (2) Salaries of deputies, clerks, secretaries and assistants. (3) Travel expenses.

Page 2753

(4) Miscellaneous expenses. (5) Equipment. (6) Such other items as may be required by the governing authority. (b) The Judge of the Probate Court 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 authority shall deem necessary, except that the governing authority may not require information required by law to be kept confidential. The governing authority of the county may require said Judge 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 Judge of the Probate Court, 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. (c) 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 Judge of the Probate Court in the event said Judge 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 Judge of the Probate Court, one member appointed by the governing authority of Chattooga County, and one member appointed by the members appointed by the governing authority and said Judge. If the members appointed by said Judge and governing authority cannot agree upon

Page 2754

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 year each and until their successors are elected and qualified. (d) Upon receipt of such annual budget by the advisory board of the governing authority, said board shall review the same and may recommend to the governing authority that the 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 Judge of the Probate Court to appear and present evidence supporting the budget as submitted by him. (e) 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 the recommendations of the board. (f) The budget for the Judge of the Probate Court 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 Judge of the Probate Court and the governing authority shall abide by same until amended as hereinafter provided. A copy of the

Page 2755

final budget shall be served upon the Judge of the Probate Court. (g) For every fiscal year after the 1977 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. (h) For the fiscal year 1976, the governing authority shall pay all sums which become due and payable under the budget submitted by the Judge of the Probate Court even though the budget might not have been approved by the governing authority; provided, however, that if the governing authority disapproves one or more of the budgets submitted by the Judge of the Probate Court, 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 1976 fiscal year. (i) The Judge of the Probate Court 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 (d) hereof shall apply to such proposed amendment. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of the Probate Court of Chattooga County upon an annual salary, approved April 5, 1961 (Ga. L. 1961, p. 3491), as amended, so as to change the provisions relative to clerical help; and for other purposes. This 29th day of December, 1975. John Crawford, Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 1, 8, 15, 1976. /s/ John Crawford Representative, 5th District Sworn to and subscribed before me this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976.

Page 2757

CITY OF ADELCHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 855 (House Bill No. 1553). An Act to amend an Act to consolidate all of the laws chartering the City of Adel in the County of Cook and to grant a new charter to said city, approved March 17, 1960 (Ga. L. 1960, p. 3055), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2711), and an Act approved March 10, 1970 (Ga. L. 1970, p. 2332), so as to change the corporate limits; to provide for the organization of city government into mayor and council, and the powers and duties thereof; to provide for ordinances and veto power; to provide for council meetings and the selection and function of mayor pro tem; to provide for qualifying fees; to provide for qualifications and registration of voters; to provide for authority to tax, for return of property for taxation and for the appointment, compensation, duties and oath of tax assessor; to provide for tax due date, execution, enforcement, interest and costs; to provide for a police force and for fines and penalties; to provide for fiscal year, system of accounting, and restriction on debt; to provide for powers and duties of city manager; to provide for bonding; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to consolidate all of the laws chartering the City of Adel in the County of Cook and to grant a new charter to said city, approved March 17, 1960 (Ga. L. 1960, p. 3055), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2711), and an Act approved March 10, 1970 (Ga. L. 1970, p. 2332), is hereby amended by striking sections 4 and 4A in their entireties and inserting in lieu thereof a new section 4 to read as follows: Section 4. Corporate Limits . The corporate limits of the City of Adel shall be as follows: Beginning at a point in the Southern Portion of the City of Adel, said point being the intersection of the West Margin of the Georgia

Page 2758

Southern and Florida Railroad and the southeast margin of a certain road commonly called the I-75 South Interchange connector road and the old Adel-Quitman Road said road is further identified as being designated by the Department of Transportation as Federal-Aid secondary route S-1281; Thence from said point of beginning running northeasterly along the east margin of said Federal-Aid secondary route S-1281 approximately 960 feet to a point, said point being the intersection of the east margin of Federal-Aid secondary route S-1281 and the west margin of U. S. 41; thence running South eastwardly along the said west margin of U. S. Highway 41, a distance of 1750 feet more or less to a point, said point being a point on the west margin of U. S. Highway 41 and being the Northeast corner of the property of Preston Green two acre tract; thence running due west along the property of Preston Green a distance of 315 feet to a point; thence South 8 degrees 51 minutes East along a line 315 feet west of and parallel with the west margin of U. S. Highway 41, a distance of 2022 feet more or less, to a point and the lands of V.F.W. Post No. 5974; thence due east along lands of the V.F.W. Post No. 5974 and the Rev. G. L. Frey a distance of 315 feet to the west margin of U. S. Highway 41 thence South 6 degrees 06 minutes East along the west margin of U. S. Highway 41 a distance of 205.69 feet to a point which is the southeast property corner of the V.F.W. Post No. 5974 and the Blanton Cabinets, Inc.; thence North 89 degrees 40 minutes West a distance of 701.6 feet to the east margin of the Georgia Southern and Florida Railroad; thence South 16 degrees 31 minutes East along the east margin of the Georgia Southern and Florida Railroad a distance of 538.5 feet to the lands of Dave Jackson; thence North 85 degrees 22 minutes East along the lands of Dave Jackson and Blanton Cabinets, Inc. a distance of 385.1 feet to a point; thence continue North 84 degrees 49 minutes East along lands of the Georgia Forestry Commission and the Blanton Cabinets, Inc. a distance of 208.7 feet to a point on the west margin of U. S. Highway 41; thence South 6 degrees 06 minutes East along the west margin of U. S. Highway 41 a distance of 1380 feet more or less to a point; thence continue South 19 degrees 30 minutes East along the west margin of U. S. Highway 41

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a distance of 300 feet more or less to the intersection of the west margin of U. S. Highway 41 with the north margin of a Georgia Power Company easement; thence North 89 degrees 30 minutes East along the north margin of the Georgia Power Company easement a distance of 1518 feet more or less to a point and lands of Roscoe Leavens; thence North 0 degrees 30 minutes West along lands of Jim Hood and lands of Roscoe Leavens a distance of 1566 feet more or less to the south margin of a private road; thence along the west margin of the private road in a northwest direction a distance of 375.31 feet to a point on the south margin of the Val-Del road, thence continue in a northwest direction across the Val-Del road a distance of 80 feet more or less to the north margin of the Val-Del road; thence continue North 70 degrees 15 minutes West along the north margin of the Val-Del road a distance of 1670 feet more or less to a point that is the intersection of the north margin of the Val-Del road and a line that is 100 feet east and parallel to the east margin of U. S. Highway 41, thence continue North 8 degrees 52 minutes 37 seconds West along said line through lands of Mrs. P. M. Parrish a distance of 1339 feet more or less to a point; thence North 81 degrees 08 minutes East a distance of 24 feet to a point; thence North 0 degrees 47 minutes 37 seconds west 310.18 feet to a point; thence South 81 degrees 09 minutes West a distance of 67.6 feet to a point that is back on line that is 100 feet east and parallel with the east margin of U. S. Highway 41; thence continue North 8 degrees 52 minutes 37 seconds West along said line a distance of 1122.23 feet to a point that is 100.12 feet east of the intersection of the east margin of Gordon Avenue and the south margin of Sixteenth Street; thence running eastwardly along the south margin of Sixteenth Street, a distance of 2724.30 feet to the run of Bear Creek thence running northwestwardly along the run of Bear Creek to a point, said point being the intersection of the south margin of Ninth Street projected eastwardly and the run of Bear Creek; thence running North 75 degrees 00 minutes East along a line, said line being an eastward extension of the south margin of Ninth Street, 1570 feet more or less to a point; thence running North 16 degrees 47 minutes West along the east boundary of

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property of Charles Shiflett, a distance of 2030 feet more or less to a point, said point being the southwest corner of property of Jim Paulk; thence running North 84 degrees 07 minutes East and approximately parallel to Georgia Highway 37, a distance of 460.4 feet to a point; thence running North 8 degrees 05 minutes East, a distance of 309 feet to a point on the north margin of Georgia Highway 37; thence running North 81 degrees 55 minutes West along the north margin of Georgia Highway 37, a distance of 262 feet more or less to a point; thence running North 6 degrees 34 minutes East, a distance of 145 feet to a point; thence running North 81 degrees 55 minutes West a distance of 108 feet more or less to a point on the east margin of Cox Still road; thence running North 36 degrees 50 minutes East along the east margin of Cox Still road, a distance of 519 feet to a point; thence running North 78 degrees 00 minutes West a distance of 1000 feet more or less to the west high watermark of a certain lake formed by the damming of Spring Branch; thence running northerly and easterly along the west high water line of said lake to a point, said point being the point where the run of Spring Branch enters the said lake and being 480 feet more or less north of the north margin of Melba Street; thence running northwardly along the run of said Spring Branch 565 feet more or less to a point, said point being a point in the center of the run of Spring Branch directly opposite the northeast corner of and in line with the north boundary of Lot 7 Block D, Unit 5, of the Spring Branch Estates subdivision; thence running North 82 degrees 32 minutes 49 seconds West along said north boundary of said Lot 7, a distance of 272.19 feet more or less to the east margin of Newton Avenue; thence running North 82 degrees 32 minutes 49 seconds West, a distance of 60 feet across the right-of-way of said Newton Avenue to a point on the west margin of said Newton Avenue; thence running South 23 degrees 45 minutes West along the west margin of Newton Avenue, a distance of 368 feet more or less to a point; said point being the point of intersection of the north margin of Gloria Street with the west margin of Newton Avenue, thence running South 75 degrees 56 minutes West along the north margin of said Gloria Street, a distance of

Page 2761

1017 feet more or less to a point, said point being the point of intersection of the north margin of Gloria Street with the east margin of Bear Creek road thence running northwardly along with east margin of Bear Creek road, a distance of 1740 feet more or less to a point, said point being a point on the east margin of the Bear Creek road, 595 feet south of the south margin of the Old Adel-Nashville road; thence running in an eastwardly direction perpendicular to the Bear Creek road, a distance of 200 feet; thence running in a northerly direction and parallel to the Bear Creek road, a distance of 595 feet to a point on the south margin of the Old Adel-Nashville road; thence running eastwardly along the south margin of the Old Adel-Nashville road, a distance of 150 feet more or less to a point; thence in a northwest direction across the Old Adel-Nashville road, a distance of 80 feet more or less, said point being the point where the Old Adel-Nashville road north margin intersects with the east margin of the Massey Post road; thence running in a northeast direction along the east margin of the Massey Post road a distance of 500 feet more or less to a point that intersects with the south property line of the Frank Tyson Estate and the north property line of the Assembly of God Church property and the east margin of the Massey Post road; thence North 76 degrees 18 minutes 32 seconds West along said line, a distance of 720 feet more or less to the east margin of Bear Creek road; thence North 25 degrees 08 minutes West along east margin of Bear Creek road, a distance of 1424.08 feet to a point that is the northwest corner of the Frank Tyson Estate property; thence South 73 degrees 52 minutes 39 seconds West along the north property line of the Frank Tyson Estate, a distance of 736.10 feet to a point that is on the west margin of the Massey Post road; thence continue South 73 degrees 52 minutes 39 seconds West across right-of-way of Massey Post road, a distance of 80 feet more or less to a point on the east margin of the Massey Post road that is located 550 feet more or less, South of the southwest corner of the Cook County School Board property; thence running in a northeasterly direction along the east margin of the Massey Post road, a distance of 550 feet more or less to the southwest corner of the

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property of the Cook County School Board; thence South 29 degrees 09 minutes East along the lands of the Cook County School Board and the Georgia Power Company Easement, a distance of 722.17 feet to a point; thence North 71 degrees 01 minutes East a distance of 552.2 feet to a point; thence North 14 degrees 23 minutes 30 seconds East a distance of 1806.87 feet to a point; thence South 81 degrees 03 minutes West a distance of 832.8 feet to a point which point is located on the east margin of the Massey Post road, 631.3 feet south of the intersection of the north land lot line of Land Lot No. 316 and the east margin of the Massey Post road; thence southwest along the east margin of the Massey Post road, a distance of 570 feet more or less to a point that intersects with the north property line extension of Iva Sutton property and the east margin of the Massey Post road; thence in a northwest direction across the right-of-way of the Massey Post road and along the north property line of Iva Sutton property, a distance of 520 feet to the east margin of Bear Creek road extension; thence in a northeast direction along the east margin Bear Creek road extension, a distance of 560 feet more or less to the southwest corner of James G. Connell property; thence in a southeast direction along the south line of the James G. Connell property, a distance of 405 feet more or less to a point that intersects with the south property line extension of James G. Connell and the east margin of the Massey Post road; thence in a northeasterly direction along the east margin of the Massey Post road, a distance of 3900 feet more or less to the intersection of the west land lot line of Land Lot No. 283 with the east margin of the Massey Post road; thence running with the land lot line south, a distance of 230 feet more or less to a point on said land lot line that will intersect with a line that is 150 feet southeast and parallel with the southeast margin of the Massey Post road; thence continue along said line, a distance of 2650 feet more or less to a point; thence running north and parallel to the west land line of Land Lot No. 282, a distance of 925 feet more or less to the north land line of Land Lot No. 282; thence westwardly along the north land lot line of Land Lot No. 282, a distance of 2040 feet to the northwest corner of

Page 2763

Land Lot No. 282; thence south along the west land lot line of Land Lot No. 282, a distance of 1950 feet more or less to the north margin of the Sparks-Massey road; thence North 82 degrees 59 minutes West along the north margin of the Sparks-Massey road, a distance of 1100 feet more or less to land of Eddie Sumner; thence North 7 degrees 01 minutes East along land of Eddie Sumner a distance of 658 feet to a point; thence North 82 degrees 59 minutes West and parallel with the Sparks-Massey road, a distance of 210 feet to lands of Kent Thomas; thence South 7 degrees 01 minutes West along lands of Kent Thomas and Eddie Sumner, a distance of 448 feet to a point that is 210 feet north of the north margin of the Sparks-Massey road; thence North 82 degrees 59 minutes West along a line that is 210 feet north and parallel with the north margin of the Sparks-Massey road, a distance of 2638 feet more or less to a point; thence South 7 degrees 01 minutes West, a distance of 210 feet to a point on the north margin of the Sparks-Massey Road; thence South 82 degrees 59 minutes East along the north margin of the Sparks-Massey road, a distance of 296 feet to a point; thence South 7 degrees 01 minutes West across the Sparks-Massey road, a distance of 346 feet to a point; thence North 82 degrees 59 minutes West, a distance of 296 feet to a point; thence South 7 degrees 01 minutes West, a distance of 649 feet to a point; thence South 82 degrees 59 minutes East a distance of 296 feet to a point; thence South 7 degrees 01 minutes West, a distance of 1950 feet more or less to the south side of Moore Street and the Old City Limits Line, said point being on the north land lot line of Land Lot No. 316, 9th Land District; thence running South 89 degrees 22 minutes West, a distance of 740 feet more or less along said north line of Land Lot No. 316 to the northwest corner of Land Lot No. 316; thence running southward along the west land lot line of Land Lot No. 316, a distance of 1470 feet more or less to the north boundary of Oak Terrace Estates subdivision; thence continue running South 1 degree 04 minutes East along the west land lot line of Land Lot No. 316 which is also the west margin of Oak Terrace Estates subdivision, sections 1 and 2, said west margin being parallel to and approximately 150 feet west of Breckenridge Drive,

Page 2764

a distance of 1298 feet more or less to a point, said point being 500 feet north of Mitchell Street; thence running South 89 degrees 08 minutes West, a distance of 1000 feet more or less to the run of Bear Creek; thence running northwesterly along the center of the run of Bear Creek to a point, said point being the point of intersection of the center of the run of Bear Creek and the center of the run of Giddens Mill Creek; thence running westwardly along the center of the run of Giddens Mill Creek to a point, said point being the point of intersection of the center of the run of Giddens Mill Creek with the east margin of the Georgia Southern and Florida Railroad right-of-way; thence running southward along said east margin of said Georgia Southern and Florida Railroad right-of-way to a point, said point being the point of intersection of the said east margin of the right-of-way of the Georgia Southern and Florida Railroad with the north margin of a certain unnamed paved county road, which is identified here as a westward extension of Mitchell Street; thence running westwardly along the north margin of said unnamed paved road, a distance of 9900 feet more or less to a point, said point being on the north margin of said unnamed paved road directly opposite from the point of intersection of the south margin of said unnamed paved road and the north margin of Georgia Highway 37; thence running from said point on a line perpendicular to the tangent of the unnamed paved road to the point of intersection of the north margin of Georgia Highway 37 with the south margin of unnamed road; thence running on a line perpendicular to Georgia Highway 37 to a point on the south margin of Georgia Highway 37; thence running east along the south margin of Georgia Highway 37, a distance 870 feet more or less to the east margin of a certain graded county road, said east margin of said road being the west boundary of the Cook County Airport property; thence running South 1 degree 24 minutes West along the east margin of said road, a distance of 1408.75 feet to a point; thence running South 23 degrees 53 minutes West along the east margin of said road a distance of 2117.09 feet to a point; thence leaving the said county road and running along a fence line South 1 degree 29 minutes East, a distance of 1814.65 feet

Page 2765

to a point; thence running North 88 degrees 14 minutes East along a fence line a distance of 1061.84 feet to a point; thence running North 44 degrees 32 minutes East along a fence line, a distance 2250 feet to a point; thence running South 45 degrees 28 minutes East along a fence line 950 feet to a point; thence running North 49 degrees 15 minutes East along a fence line, 90 feet more or less to a point of the southwest margin of a certain graded county road; thence running southward along the west margin of said graded county road a distance of 2950 feet more or less to the south margin of a certain graded county road, commonly called the County Farm road, thence running eastwardly along the south margin of said county road, a distance of 3180 feet more or less to a point on the north margin of said County Farm road, said point is further described as being 297 feet west of the centerline of the Adel-Berlin road; thence running South 7 degrees 40 minutes West, a distance of 406.46 feet to the west margin of the Adel-Berlin road; thence running South 37 degrees 49 minutes West along the west margin of said Adel-Berlin road, a distance 372.94 feet to a point; thence continuing to run along the west margin of said Adel-Berlin road South 47 degrees 01 minutes West, a distance of 920.46 feet to a point; thence continuing to run along the west margin of said Adel-Berlin road South 36 degrees 31 minutes West, a distance of 343.18 feet to a point, said point being on the west margin of the Adel-Berlin road and being 280.5 feet north of the run of Morrison Creek; thence running South 54 degrees 06 minutes East, a distance of 439.70 feet to a point; thence running South 47 degrees 14 minutes East, a distance of 459.83 feet to a point on the west margin of the Adel-Quitman road, said road is further described as being the Georgia State Highway 76; thence running South 36 degrees 51 minutes west along the west margin of said Georgia Highway 76, a distance of 233.7 feet to the center of the run of Morrison Creek; thence running eastwardly along the center of the run of Morrison Creek, a distance 4000 feet more or less to a point on the south margin of the Old Adel-Quitman road; thence running eastwardly along the south margin of the Old Adel-Quitman road a distance of 1408 feet more or less

Page 2766

to the centerline of Interstate Highway I-75; thence continuing to run along the south margin of the Old Adel-Quitman road, a distance of 900 feet more or less to a point, said point being 68.80 feet southwest of the point where the Old Adel-Quitman road right-of-way reduces from 100 feet width to 80 feet width, said last point also being the east end of the construction right-of-way for the I-75 interchange; thence running South 0 degree 38 minutes West along an existing dirt drive a distance of 217.08 feet to a point; thence running South 13 degrees 33 minutes East a distance of 114.03 feet to a point; thence running North 88 degrees 09 minutes East a distance of 301.41 feet; thence running North 0 degree 58 minutes West along a fence line, a distance of 419.75 feet to a point, said point being a point on the south line of the original northeast quarter of Land Lot 376 of the 9th Land District; thence running North 88 degrees 22 minutes East, along the south line of the said northeast quarter of Land Lot 376, a distance of 1370 feet more or less to a point on the west margin of a certain graded county road; thence running northward along the said county road, a distance of 215 feet more or less to a point; thence crossing said county road and running approximately North 89 degrees 00 minutes East along a fence line, a distance of 950 feet more or less to a point on the west margin of the Georgia Southern and Florida Railroad; thence running northward along the west margin of said railroad, a distance of 2225 feet more or less to the point of intersection of the southwest margin of the Old Adel-Quitman road and the west margin of the Georgia Southern and Florida Railroad, said point being the point of beginning. Section 2 . Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. Organization of city government . The government of the City of Adel shall be vested in a mayor and five (5) councilmen, to be called the city council, to be elected as hereinafter provided. (A) Mayor. The mayor shall be recognized as the official

Page 2767

head of the city by the courts for the purpose of serving civil processes; by the government in the exercise of military law, and for all ceremonial purposes. He shall preside at all meetings of the city council, and perform such other duties consistent with his office as may be imposed by it. (B) Legislative authority of council; ordinances; veto power of mayor. The council of the City of Adel shall be the legislative body. It may pass all ordinances for the government of the city. Ordinances shall be proposed and read at either a special or regular meeting of the council and shall be adopted at either a special or regular meeting, provided that either the proposal and reading or the adoption, one or the other, shall be done in a regular meeting; and provided further that at least six (6) days shall lapse between the proposal and reading and the adoption; and provided further that a copy of the proposed ordinance shall be posted on the bulletin board of the city hall from the day after its proposal until its adoption. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by four (4) of the members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. Section 3 . Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. Council meetings; selection, function of mayor pro tem . The council shall meet in regular session upon the third Monday in each month and such other times as the council may set by ordinance. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote except when the vote of the council is equally divided. At the first regular meeting of the council following the regular election of new members thereof, the council shall elect one (1) of its members as a mayor pro tem who shall,

Page 2768

in the event of the absence, disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Section 4 . Said Act is further amended by adding at the end of Section 9 the following: The city council shall set qualifying fees for said offices., so that when so amended said section 9 shall read as follows: Section 9. Election, terms of mayor and councilmen; qualification; fees . That on the 3rd Wednesday in October of each year beginning on the 3rd Wednesday in October, 1960 and each succeeding year thereafter, there shall be an annual election for the mayor and councilmen of the City of Adel whose terms expire in said year. All persons elected at such election shall take office instanter following their election, and serve for a term of two years, and until their successors are elected and qualified. The mayor elected in the election held in the City of Adel on the 3rd Wednesday in October, 1959, shall remain in office until the 3rd Wednesday in October, 1961, and until his successor is elected and qualified. The two councilmen elected in the election held in the City of Adel on the 3rd Wednesday in October, 1959, shall remain in office until the 3rd Wednesday in October, 1961, and until their successors are elected and qualified; their offices shall be designated as Councilman Seat No. 1 and Councilman Seat No. 2. The three councilmen elected in the election held in the City of Adel on the 3rd Wednesday in October, 1958, shall remain in office until the 3rd Wednesday in October, 1960, and until their successors are elected and qualified; their offices shall be designated as Councilman Seat No. 3, Councilman Seat No. 4, and Councilman Seat No. 5. It is the intent of this paragraph that the officers named shall remain in office for the term for which they were elected, and at the expiration of their term, their successors shall be elected as set forth in this Section. For the regular annual election, a person to be eligible

Page 2769

to run for the office of mayor and councilman of said city shall qualify with the city clerk of said city during the period from thirty (30) days prior to the 3rd Wednesday in October of each year until 12:00 o'clock noon on the first Wednesday in October of each year. The city council shall set qualifying fees for said offices. Section 5 . Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. Qualifications of voters . The qualifications of a person seeking to vote in the city elections shall be determined by the provisions of the Georgia Municipal Election Code, as now are hereafter amended. Section 6 . Said Act is further amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. Registration of voters . The registration of voters in city elections shall be in conformity with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 7 . Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. Return of property for taxation; authority to tax real, personal property . The City shall have the right to levy a tax on all real and personal property within the corporate limits of the municipality. The assessment of such property for taxation, the levy of taxes and the collection thereof shall all be in accordance with the general laws of the State now or hereafter in effect. The council may, however, adopt ordinances providing for the method of levy and collection of such taxes, consistent with the general laws of the State. Section 8 . Said Act is further amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17 to read as follows:

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Section 17. Appointment, compensation, duties and oath of tax assessors . The Council may appoint a board of tax assessors which, if appointed, shall consist of three (3) upright freeholders residing in the City. Their appointment shall be for one year terms. Their compensation shall be determined by the Council but shall not exceed Fifteen dollars ($15.00) per day for each day worked by each tax assessor. The duties of such assessors shall be as provided by ordinance of the Mayor and Council not in conflict with the general laws of the State providing for the return, assessment and collection of taxes. Before entering upon the discharge of their duties, each assessor shall be sworn to perform faithfully and impartially the duties of his office. Section 9 . Said Act is further amended by striking section 18 in its entirety and inserting in lieu thereof a new section 18 to read as follows: Section 18. Due date, execution to enforce collection of taxes; interest; costs . The taxes of said City shall fall due as provided by the general laws of the State. Tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the Clerk and bear teste in the name of the Mayor of the City. All past due taxes shall bear interest at the highest rate provided or allowed by the general laws of the State. The police officers of the City, the sheriffs and their deputies shall have authority to execute all tax executions by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. The Council may adopt ordinances providing the procedure for enforcement of collection of such taxes, not in conflict with the general laws of the State, including costs and fees for issuing tax executions, levying executions on property, serving notices of levy and sale, holding sales and preparing tax deeds. Section 10 . Said Act is further amended by adding following subsection (O) of section 27 a new subsection, to be designated as subsection (P), to read as follows: (P) To provide for the organization and maintenance

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of a police force and to impose fines, forfeitures, penalties and terms of imprisonment for offenses against the ordinances of the city. Fines. Section 11 . Said Act is further amended by striking section 30 in its entirety and inserting in lieu thereof a new section 30 to read as follows: Section 30. Fiscal year; system of accounting; restriction on debt . The fiscal year shall be determined by the council with the approval of the mayor. No employee or official of the city shall have authority to bind the city for any debts for current operating expenses to be paid at a time other than in the fiscal year. The council shall determine the system of accounting. Section 12 . Said Act, as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2332), is further amended by striking in its entirety the material quoted in section 1 of said amendatory Act as section 4 and inserting in lieu thereof a new section 4 to read as follows: Section 4. Powers and duties of city manager; bonding . The city manager shall be the chief administrative officer and head of each operational department of the city. He shall be responsible to the mayor and council for the proper administration of all affairs of the city. To that end, he shall have power and shall be required to: (A) Appoint and, when necessary for the good of the service, suspend or remove all officers and employees of the city except as otherwise provided by the city charter or law, and except as he may authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office. He shall not have the right to suspend or remove the city recorder, city attorney or city auditor. The city clerk and treasurer and all other officials and employees who shall sign checks or handle city money shall be bonded in such amount as may be deemed wise by the city council. (B) Prepare the budget annually and submit it to the mayor and council together with a message describing the

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important features and be responsible for its administration after adoption. (C) Prepare and submit to the mayor and council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (D) Keep the mayor and council advised of the financial condition and future needs of the city, and make such recommendations as he may deem desirable. (E) Recommend to the council a standard schedule of pay for each appointive office, position and employee in the city service, including minimum, intermediate, and maximum rates. (F) Recommend to the mayor and council (from time to time) adoption of such measures as he may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. (G) Consolidate or combine offices, positions, departments, or units under his jurisdiction, with the approval of the mayor and council. (H) Attend all meetings of the mayor and council unless excused therefrom and take part in the discussion of all matters coming before them. He shall be entitled to notice of all regular and special meetings of the mayor and council. (I) He shall be purchasing agent of the city, by whom all purchases of supplies shall be made subject to the rules and regulations to be prescribed by the mayor and council, and he shall approve all vouchers for the payment of same. In the capacity of purchasing agent he shall also conduct all sales of personal property which the mayor and council may authorize to be sold as having become unnecessary or unfit for the city's use. All purchases and sales shall conform to such regulations as the mayor and council may from

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time to time prescribe. Competitive bidding shall be required on all major purchases as defined by ordinance. (J) As active head of the public safety department he shall see that all laws and ordinances are duly enforced. He may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of the city, all the powers conferred on a sheriff or constable to keep peace and suppress riot and disorder. (K) Investigate the affairs of the city or any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the government of the city, and in regard to service maintained by the public utilities in the city, and see that all franchises, permits, and privileges granted by the city are faithfully observed. (L) Devote his entire time to the discharge of his official duties. (M) Perform such other duties as may be required by the mayor and council, not inconsistent with the city charter, law, or ordinances. (N) All formal contracts to which the City of Adel is a party shall be executed in behalf of the city by the city manager and attested by the city clerk, after an approving resolution of the mayor and council. Section 13 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that we shall introduce a bill in the 1976 Session of the General Assembly to amend the Charter of the City of Adel in the following respects: To redefine the limits of the City of Adel to include areas previously annexed by ordinance; to reconcile certain conflicts as to the duties and powers of the Mayor and Council and the City Manager presently existing under the charter as amended by the Act of 1970, creating the position of

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City Manager; to correct and change certain provisions with reference to elections and voter registration and procedures to conform to State and Federal laws; to correct and change certain provisions with reference to taxation and procedures thereof to conform to State law; to provide that Mayor and Council may establish regular meetings of the Mayor and Council in addition to those now fixed by the Charter; to make further provisions concerning organization and maintenance of a police force, imposition of fines, forfeitures, penalties and imprisonment for offenses against the ordinances of the City; to provide that the council, with approval of the Mayor, shall determine the fiscal year of the City; and for other purposes. This 8th day of December, 1975. Grover C. Patten Jack W. Carter Representatives District 146 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack W. Carter 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 Adel News which is the official organ of Cook County, on the following dates: December 10, 17, 24, 1975. /s/ Jack W. Carter Representative, 146th District Sworn to and subscribed before me this 23rd day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976.

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MILLER COUNTYSTATE COURTSALARY OF JUDGE CHANGED. No. 857 (House Bill No. 1603). 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 February 28, 1974 (Ga. L. 1974, p. 2064), 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 Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved February 28, 1974 (Ga. L. 1974, p. 2064), is hereby amended by striking from section 34 the following: thirty-six hundred ($3,600.00) dollars, and substituting in lieu thereof the following: $4,800, so that when so amended, section 34 shall read as follows: Section 34. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that there shall be a judge of said court, who shall be elected by the qualified voters of Miller County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected, provided, however, that C. C. Bush is hereby named and appointed as judge of said court to serve until midnight, December 31, 1936. The judge of said court shall be elected at the next election held in and for Miller County, Georgia, for the election of other county officers and the judge of said court shall receive a salary of $4,800 per annum, which salary shall not be diminished during his term of office. The judge of said court shall hold his office for the term of four years, beginning

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on January 1, 1937, except the judge herein appointed as judge of said court who shall hold office for such time as herein specified. The salary of said judge shall be paid monthly by the treasurer of Miller County and it shall be the duty of the judge of the probate court of said county or other proper authority controlling county matters to make provisions annually for levying the taxes for this purpose. Said judge shall receive no other compensation for his services, but may practice law in any of the courts of this State except the State Court 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. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, pursuant to a resolution of the Board of Commissioners of Miller County, Georgia, a bill to change the compensation of the Judge of the State Court of Miller County, Georgia, and for other purposes. This 12th day of January, 1976. Jimmy Hodge Timmons, Senator Mobley Howell, Representative 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

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in the Miller County Liberal which is the official organ of Miller County, on the following dates: January 15, 22, 29, 1976. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me this 30th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976. SEMINOLE COUNTYSMALL CLAIMS COURTJURISDICTION CHANGED, ETC. No. 858 (House Bill No. 1604). An Act to amend an Act creating the small claims court of Seminole County, approved April 10, 1969 (Ga. L. 1969, p. 2590), so as to change the jurisdiction of said court; to change certain fees; to provide 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 small claims court of Seminole County, approved April 10, 1969 (Ga. L. 1969, p. 2590), is hereby amended by striking from section 1 the following: $500.00, and substituting in lieu thereof the following: $1,000, so that when so amended, section 1 shall read as follows:

Page 2778

Section 1. Created, jurisdiction . There is hereby created and established in Seminole County a court known as the small claims court of Seminole County, which court shall have civil jurisdiction in cases of law in which the demand or value of the property involved does not exceed $1,000, said jurisdiction to be concurrent with the jurisdiction of any other court now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2 . Said Act is further amended by striking from section 8 the following: five ($5.00) dollars, seven dollars and fifty cents ($7.50), and five dollars ($5.00), and substituting in lieu thereof the following: $10.00, so that when so amended, section 8 shall read as follows: Section 8. Costs . 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 up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant, shall be $10.00; and in other matters not specifically mentioned here, the costs shall be the same as provided for justices of the peace; and in claim cases and illegalities, instituted by a third party after levy, the costs shall be $10.00 to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of the court costs, as between the parties, shall be according to the

Page 2779

discretion of the judge and shall be taxed in the case at his discretion. Section 3 . Said Act is further amended by striking from section 9 the following: seven dollars and fifty cents ($7.50), and substituting in lieu thereof the following: $10.00, so that when so amended, section 9 shall read as follows: Section 9. Claims . 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 $10.00 for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such case, including the costs of a jury trial, shall be finally taxed against the party cost in said proceeding. Section 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.

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Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to a resolution passed by the Seminole County Board of Commissioners at the regular meeting held on January 6, 1976, notice is hereby given that a bill will be introduced at the regular 1976 session of the General Assembly of Georgia to change the filing fee and Jurisdiction of the Small Claims Court of Seminole County, and for other purposes. January 6, 1976. Louise Alday Clerk 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: January 8, 15, 22, 1976. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me this 26th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976.

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SEMINOLE COUNTYSUPERIOR COURT CLERKSALARY CHANGED. No. 859 (House Bill No. 1605). 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, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3007), so as to change the compensation of said clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the clerk of the superior court of Seminole County upon an annual salary, approved March 31, 1967 (Ga. L. 1967, p. 2335), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3007), is hereby amended by striking from section 2 the following: $10,200.00, and substituting in lieu thereof the following: $12,000, so that when so amended, section 2 shall read as follows: Section 2. The clerk shall receive an annual salary of $12,000, payable in equal monthly installments from the funds of Seminole 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.

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Notice of Intention to Introduce Local Legislation. Pursuant to a resolution passed by the Seminole County Board of Commissioners at their regular meeting held on January 6, 1976, notice is hereby given that a bill will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of Superior Court of Seminole County and for other purposes. January 6, 1976. Louise Alday, Clerk 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: January 8, 15, 22, 1976. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me this 26th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976.

Page 2783

SEMINOLE COUNTYCORONER PLACED ON SALARY. No. 860 (House Bill No. 1606). An Act to abolish the present mode of compensating the coroner of Seminole County, known as the fee system; to provide in lieu thereof a salary; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the coroner of Seminole County, known as the fee system, is hereby abolished and in lieu thereof a monthly salary for such officer is prescribed as hereinafter provided. Section 2 . The coroner shall receive a monthly salary of $35.00, payable from the funds of Seminole County. Salary. Section 3 . 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. Expenses. Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to a resolution passed by the Seminole County Board of Commissioners at the regular meeting held on

Page 2784

January 6, 1976, notice is hereby given that a bill will be introduced at the regular 1976 session of the General Assembly of Georgia to change the mode of payment of the Seminole County Coroner from a fee basis to a salary, and for other purposes. January 6, 1976. Louise Alday, Clerk 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: January 8, 15, 22, 1976. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me this 26th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1976.

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JAMES L. GILLIS, SR. MEMORIAL HIGHWAY DESIGNATED. No. 98 (House Resolution No. 497-1333). A Resolution. Authorizing and directing the State Department of Transportation to designate Interstate Highway 16 from Macon to Savannah, Georgia, as the James L. Gillis, Sr. Memorial Highway; and for other purposes. Whereas, Honorable James L. Gillis, Sr., who was born in Emanuel County, Georgia, on January 6, 1892, served the State of Georgia for many years as the Director of the State Highway Department and is widely recognized as one of the most dedicated and able public servants in the history of our State; and Whereas, he made his home in Treutlen County for many years and was highly respected in his community, having served as Ordinary of Treutlen County for two years and as Chairman of the Treutlen County Commission for 26 years; and Whereas, he held many other positions of honor and trust, including membership in the Georgia House of Representatives from Montgomery County in 1915-17 and as a member and President Pro Tem of the Senate, 16th Senatorial District, in 1923-24; and Whereas, as a member and Chairman of State Highway Board and as Director of the State Highway Department for many years between 1937 and 1971, Mr. Gillis was the guiding hand that changed Georgia's unpaved muddy roads to the present system of modern highways throughout the State; and Whereas, the State of Georgia lost one of its most outstanding native sons when Mr. Gillis passed away on March 31, 1975, at the age of 83; and

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Whereas, it is only appropriate that the State of Georgia honor Mr. James L. Gillis, Sr., by naming a major Interstate Highway in his memory. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to designate Interstate Highway 16 from Macon to Savannah, Georgia, as the James L. Gillis, Sr. Memorial Highway. Be it further resolved that said State Department of Transportation is hereby authorized and directed to erect appropriate plaques or signs at appropriate locations designating said highway as hereinabove provided. Be it further resolved the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this resolution to Honorable Tom Moreland, Commissioner of the State Department of Transportation. Approved February 27, 1976. JENKINS COUNTYSMALL CLAIMS COURT CREATED. No. 883 (House Bill No. 1454). An Act to create and establish a Small Claims Court in and for Jenkins 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

Page 2787

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 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 Jenkins 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. Created. Section 2 . Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Jenkins 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 Jenkins 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

Page 2788

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. Vacancy. 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. Pleading. (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

Page 2789

address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by 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

Page 2790

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 judge may direct. If both parties fail to appear the judge

Page 2791

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 purposes. 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 Jenkins 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

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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 serves 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 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.

Page 2793

Small Claims Court of Jenkins County Georgia Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim, and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim, which is to be filed with the court may be verified by the plaintiff or his agent as follows:) State of Georgia County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Sworn and subscribed before me thisday of, 19. Notice.

Page 2794

You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofdollars ($), as shown by the foregoing statement. The court will hold a hearing upon this claim onat. m. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. (Seal). Section 18 . On or before the effective date of this Act the Grand Jury of Jenkins County shall appoint a duly qualified person from a list of three names submitted by the governing authority of Jenkins 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

Page 2795

of Jenkins 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. All vacancies in the office of judge shall be filled in the same manner as regular appointments for the unexpired term. Judge, appointment. Section 19 . All office space, courtroom facilities, forms, stationery, typewriters and adding machines shall be furnished by the Board of Commissioners of Jenkins County. 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 the Georgia Laws to the Small Claims Court of Jenkins County without cost to the court or the county. Law books. Section 21 . Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms.

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Section 22 . A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment. Section 23 . The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Fines. Section 24 . The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $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. fa. 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,

Page 2797

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 Jenkins County to aid in the collection of past due debts and for other purposes. Millen Merchants' Association Jenkins County Chamber of Commerce 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 Millen News which is the official organ of Jenkins County, on the following dates: January 1, 8, 15, 1976. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me this 20th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

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HABERSHAM COUNTYELECTION OF BOARD OF EDUCATION PROVIDEDREFERENDUM. No. 888 (House Bill No. 1612). An Act to provide for the election of the members of the Board of Education of Habersham 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 . The Board of Education of Habersham County shall be composed of five citizens of said County elected by the voters of said county as hereinafter provided. Composition. Section 2 . (a) For the purpose of electing the members of said Board of Education, Habersham County shall be divided into five Education Districts to be composed of that territory of Habersham County embraced within the Militia Districts thereof as follows: Districts. Education District 1: Militia District 1648 (Glade Creek), Militia District 422 (Deep Creek) and Militia District 977 (Fair Play). Education District 2: Militia District 752 (Center Hill) and Militia District 1449 (Cornelia). Education District 3: Militia District 1612 (Baldwin), Militia District 414 (Mud Creek) and Militia District 1693 (View).

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Education District 4: Militia District 1486 (Demorest) Militia District 1391 (Falling Water) and Militia District 1021 (Fork). Education District 5: Militia District 409 (Clarkesville), Militia District 501 (Batesville) and Militia District 666 (Cool Springs). (b) A member of the Board of Education shall be a resident of his respective Education District during his term of office, and a candidate for membership on said Board shall have been a resident of the Education District for which he offers for election at least one year prior to the date of his election. Each person offering for election as a member of said Board shall specify the Education District for which he is offering. All members of the Board shall be elected by a majority vote of the qualified voters of the entire County of Habersham voting at the elections provided for by section 3 of this Act. All members of said Board shall be nominated and elected in accordance with the provisions of Georgia Code Title 34 known as the Georgia Election Code, as now or hereafter amended. Section 3 . (a) The first members of the Board from Education Districts 1 and 2 shall be elected at the general election of 1976 and shall take office on the first day of January, 1977, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the 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. The first member elected from Education District 1, as provided herein, shall be the successor to the incumbent member of the heretofore existing Board of Education of Habersham County whose term of office would expire on April 15, 1977, and the term

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of office of such incumbent member is hereby shortened to expire on December 31, 1976. The first member elected from Education District 2, as provided herein, shall be the successor to the incumbent member of the heretofore existing Board of Education of Habersham County whose term of office would expire on April 15, 1978, and the term of office of such member is hereby shortened to expire on December 31, 1976. Terms. (b) For the period beginning on January 1, 1977, and ending on December 31, 1978, the Board of Education of Habersham County shall consist of the two members from Education Districts 1 and 2 elected as provided by subsection (a) of this Section and the three members of the heretofore existing Board of Education of Habersham County whose terms of office would expire on April 15, 1979, June 25, 1980, and April 15, 1981, respectively; and the terms of office of such three members of such heretofore existing Board are hereby shortened to expire on December 31, 1978. (c) The first members of the Board from Education Districts 3, 4 and 5 shall be elected at the general election of 1978, and shall take office on the first day of January, 1979, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the 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 . Vacancies which occur on the Board by death, resignation, removal from the Education District or for any other reason shall be filled by the remaining members of the Board electing a successor to serve for the unexpired term. Any person elected by the Board to fill a vacancy shall be a resident of the Education District in which the vacancy occurred. Vacancies. Section 5 . The Board of Education of Habersham County provided for by this Act shall be subject to all provisions of the laws of this State relative to county boards of education

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and the members thereof except as otherwise provided by this Act. Section 6 . 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 Habersham County to issue the call for an election for the purpose of submitting this Act to the electors of Habersham County School District for approval or rejection. The superintendent shall set the date of such election for May 4, 1976. The superintendent 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 Habersham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of the members of the Board of Education of Habersham 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 Habersham 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 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication I, Amilee C. Graves, Publisher of the Tri-County Advertiser, do hereby certify that the copy of the Notice of Intention to Introduce Local Legislation is attached hereto, and set forth below, appeared in the Tri-County Advertiser,

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Clarkesville, Georgia, on the dates set forth below: December 18, 25, and January 1, and 8. This 22nd day of January, 1976. /s/ Amilee C. Graves Publisher Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to provide for an elective board of education of Habersham County; to provide for matters relative thereto; to provide for a referendum; and for other purposes. This 16 day of December, 1975. William J. Dover Representative 11th District Subscribed and sworn to before me, this 22nd day of January, 1976. /s/ Ann L. Vandiver Notary Public. (Seal). Approved March 5, 1976. COUNTIESAPPOINTMENT OF TREASURER AUTHORIZED (6,700-6,825). No. 892 (House Bill No. 1754). An Act to authorize the governing authority of any county of this State having a population of not less than 6,700 nor more than 6,825 according to the United States Decennial Census of 1970 or any future such census to appoint

Page 2803

the treasurer of any such county to any other county office which such governing authority is authorized to fill by appointment; 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 authority of any county of this State having a population of not less than 6,700 nor more that 6,825 according to the United States Decennial Census of 1970 or any future such census is hereby authorized to appoint the treasurer of any such county to any other county office which such governing authority is authorized to fill by appointment. Appointment 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 5, 1976. HABERSHAM COUNTY BOARD OF EDUCATIONSUPERINTENDENT'S APPOINTMENT PROVIDEDREFERENDUM. No. 895 (House Bill No. 1926). An Act to provide for the appointment of the County School Superintendent of Habersham County by the Board of Education of Habersham County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for additional requirements for this Act to become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2804

Section 1 . Effective January 1, 1977, the County School Superintendent of Habersham County shall be appointed by the Board of Education of Habersham County to serve at the pleasure of said Board of Education. No election for Habersham County School Superintendent shall be held in 1976 or thereafter. The Habersham County School Superintendent appointed by the Board of Education of Habersham County shall be subject to all constitutional and statutory provisions relative to county school superintendents not in conflict with this Act. Appointment. Section 2 . If this Act becomes effective in accordance with the provisions of sections 3 and 4 of this Act, and if a vacancy occurs in the office of Habersham County School Superintendent subsequent to this Act becoming effective, the Board of Education of Habersham County shall appoint the County School Superintendent to fill such vacancy. Section 3 . 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 Habersham County to issue the call for an election for the purpose of submitting this Act to the electors of Habersham County School District for approval or rejection. The superintendent shall set the date of such election for May 4, 1976. 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 Habersham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the appointment of the Habersham County School Superintendent by the Board of Education of Habersham 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 and if the Act providing for the election of the members of the

Page 2805

Board of Education of Habersham County is also approved, as provided by section 4 of this Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Habersham 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 . In addition to the approval of this Act at the referendum as provided by section 3 of this Act, it shall also be necessary that the Act providing for the election of the members of the Habersham County Board of Education be approved at the referendum held on such Act on May 4, 1976, in order for this Act to become effective. If said Act is disapproved at said referendum, then this Act shall be void and of no force and effect, notwithstanding the outcome of the referendum provided for by section 3 of this 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 1976 session of the General Assembly of Georgia, a bill to provide for the appointment of the Superintendent of Schools of Habersham County by the Board of Education of Habersham County in the event an elective Board of Education of Habersham County is established; to provide for other matters relative thereto; to provide for a referendum; and for other purposes. This 26th day of January, 1976. William J. Dover Representative, 11th District

Page 2806

Feb. 14, 1976 To Whom It May Concern: This is to certify that the Notice of Intention to Introduce Local Legislation to provide for the appointment of the Superintendent of Schools of Habersham County was published January 29, Feb. 5 and 12, 1976. /s/ Amilee C. Graves Approved March 5, 1976. SCHLEY COUNTYBOARD OF COMMISSIONERSCOMPENSATION CHANGES. No. 896 (House Bill No. 1967). An Act to amend an Act creating a Board of Commissioners in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act approved March 23, 1933 (Ga. L. 1933, p. 655), and an Act approved March 10, 1937 (Ga. L. 1937, p. 1413), so as to change the provisions relating to the compensation of members of the Board of Commissioners of Schley 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 in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act approved March 23, 1933 (Ga. L. 1933, p. 655), and an Act approved March 10, 1937 (Ga. L. 1937, p. 1413), is hereby amended by striking section 1 of said amendatory Act, approved March 23, 1933 (Ga. L. 1933, p. 655), as amended by said amendatory

Page 2807

Act, approved March 10, 1937 (Ga. L. 1937, p. 1413), which reads as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that, effective during the entire year of 1937 and thereafter, the Board of Commissioners of Schley County, Georgia, shall be authorized and empowered to provide, at any regular or call meeting for such purposes, compensation to be paid to each member of said board not to exceed one hundred ($100.00) dollars per annum; and, the board is further authorized to employ a clerk and to pay such salary as may be commensurate with the work required of the clerk. The clerk may be a member of the board and if so, the salary will be in addition to the salary received as a member of the board., in its entirety, and inserting in lieu thereof a new section 1, to read as follows: Section 1. The Chairman of the Board of Commissioners of Schley County shall be compensated in the amount of $300 per annum, and the remaining members of the Board of Commissioners of Schley County shall be compensated in the amount of $240 per annum, to be paid in equal monthly installments from the funds of Schley County. The Board of Commissioners is further authorized to employ a clerk and to pay such salary as may be commensurate with the work required of the clerk. The clerk may be a member of the board and if so, the salary shall be in addition to the salary received as a member of the board. Compensation. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Schley County, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, so as to change the compensation of members of the board of county commissioners; and for other purposes. This 15th day of January, 1976. 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 Patriot Citizen which is the official organ of Schley County, on the following dates: January 22, 29, and February 5, 1976. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

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INTOXICATING BEVERAGESCERTAIN SUNDAY SALES PROVIDEDREFERENDUM. (200,000 - 600,000). No. 897 (House Bill No. 2073). An Act to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the counties of this State having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays in each such county in any licensed establishment which derives at least 50% of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50% of its total annual gross income from the rental of rooms for overnight lodging; 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 person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the counties of this State having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays in each such county in any licensed establishment which derives at least 50% or its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50% of its total annual gross income from the rental of rooms for overnight lodging.

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Section 2 . Not less than one nor more than 10 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of each county of this State having a population of not less than 200,000 and not more than 600,000, 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 this Act to the electors of the county for approval or rejection. The superintendent shall set the date of such election for May 4, 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 the county. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of this county shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays in the county in any licensed establishment which derives at least 50% of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50% of its total annual gross income from the rental of rooms for overnight lodging 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 in any such county on such question are for approval of the Act, it shall become of full force and effect in such county, otherwise it shall be void and of no force and effect.

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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 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1976. WARE COUNTY BOARD OF COMMISSIONERSSALARY CHANGESCOUNTY MANAGER PROVIDEDREFERENDUM. No. 898 (House Bill No. 2082). An Act to amend an Act creating a Board of Commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to change the provisions relating to the compensation and authority of the Chairman of the Board of Commissioners; to create the office of County Manager; to provide for the appointment, duties, powers, authority, compensation, qualifications, term of office and vacancies; to provide for office hours; to change the provisions relating to the Clerk of Ware County; to change the provisions relating to the signing and countersigning of checks; to provide for contracts, sales, purchases and leases of property; to provide for a referendum; to provide 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 . An Act creating a Board of Commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, is hereby amended by striking in its entirety section 9 and substituting in lieu thereof a new section 9 to read as follows:

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Section 9. The members of the Board of Commissioners, except for the Chairman, shall receive an annual salary of not less than $600 nor more than $3,000. The salary of the Chairman of the Board shall be $75 per month greater than the other Board members. The Board shall fix the compensation of the members at their first meeting conducted in each calendar year. The Chairman shall preside over the meetings of the Board and shall have a vote on all issues and questions before the Board. Salaries. Section 2 . Said Act is further amended by striking in its entirety section 11 and substituting in lieu thereof a new section 11 to read as follows: Section 11. (a) There shall be a County Manager for Ware County who shall perform and discharge the duties and responsibilities provided for in this Act. County Manager. (b) The County Manager shall be appointed by majority vote of the entire Board of Commissioners of Ware County. No member of the Board shall be appointed County Manager or acting County Manager during the term of office for which he was elected or for a period of one year thereafter. (c) The County Manager shall be chosen by the Board 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. (d) The County Manager shall be appointed in January of each year for a term of one year. The County Manager shall be subject to suspension or removal from office at any time. In case of suspension or removal, the County Manager 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, 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,

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and until final action has been taken thereon, the County Manager may be suspended from office and all of the duties 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 Manager shall be by majority vote of the entire Board and shall be final. (e) The County Manager shall be paid an annual salary to be fixed annually by the Board of Commissioners, and there shall be no reduction thereof during his term of office. The County Manager shall give a bond, payable to the Board, conditioned upon the proper exercise of his duties. The amount of such bond shall be fixed by the Board, and the cost of such bond shall be paid from the funds of the county. (f) (1) The County Manager shall be the chief executive officer of Ware 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, except as otherwise provided by law, to appoint 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. It shall be his further duty to appoint all department heads of county government, subject to confirmation by a vote of not less than three members of the Board. Subject to any rights, procedures or requirements of any merit system, the County Manager may remove any department head, subordinate officer or employee, with or without the confirmation of the Board, but he shall give his reasons therefor in writing to the Board within five days after such removal. (2) The County Manager shall 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.

Page 2814

(3) The County Manager shall 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 Ware County. Within 90 days following his appointment, the County Manager shall complete an inventory of all county-owned real property. Such inventory shall list all such real property, properly described, and shall be filed with the Clerk of the Superior Court of Ware County and a copy thereof shall be posted on the bulletin board at the Ware County Courthouse. (4) The County Manager shall attend all meetings of the Board, with the right to take part in the discussions, but having no vote. The County Manager shall be entitled to notice of all special meetings. (5) The County Manager shall 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. The County Manager must present good and valid reasons to the Board of Commissioners before exceeding the amount allotted to any department, and shall not exceed the allotment of any department without express approval of the Board of Commissioners. The funds allotted to one department shall not be diverted or used in any other department without express consent and approval of the Board of Commissioners, with good reasons shown therefor. (6) The County Manager shall 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, and shall make regular written monthly reports to the said Board on county fiscal and other affairs, shall keep the said Board fully advised on the financial conditions and future need of the county, and shall make such recommendations

Page 2815

on county affairs as he deems necessary for the efficient operation of the county. (7) The County Manager shall 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. (8) The County Manager shall confer and advise with all other elected or appointed officials of Ware County who are not under the immediate control of the said Board but who receive financial support from said Board. (9) The County Manager shall fix the salaries, except as otherwise provided in this Act, 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. (10) The County Manager shall devote his entire time to the affairs of his office. (11) The County Manager shall perform such other duties as may be required of him by the said Board. (g) The County Manager shall be the chief 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 $500 shall be valid and binding until after approval of the Board of Commissioners. The County Manager shall sign and the Chairman of the Board of Commissioners shall countersign all contracts. All such contracts shall be dated and a copy shall be filed in the office of the County Manager. The County Manager shall conduct all sales or leases of real or personal property which the Board of Commissioners may authorize to be sold or leased. Authorization of each sale or lease shall be made by a resolution adopted, in writing, at a regular meeting of the Board by a vote of

Page 2816

a majority of the members of the Board. All purchases, sales and leases shall conform to such written rules and regulations as the Board may prescribe. Such rules and regulations shall be filed in the office of County Manager and the office of the Chairman of the Board and shall be open and available for public inspection during normal business hours. In all cases in which the property to be sold, purchased or leased has a value in excess of $500, opportunity for competitive bidding shall be given after a notice relative thereto has first been published in the legal organ of Ware County. (h) The Board of Commissioners may designate some qualified person to act as acting County Manager in the absence of the County Manager. While so engaged, the acting County Manager shall have all of the rights, duties, and authority of the County Manager. Section 3 . Said Act is further amended by adding, following section 11, a new section 11.1 to read as follows: Section 11.1. The Chairman shall preside at all meetings of the Board of Commissioners, and perform such other duties consistent with the office as may be directed by the Board of Commissioners. The Chairman shall have a voice and vote in all the proceedings of the Commission, but no veto power. The Chairman may use the title of `Chairman' in any case in which the execution of legal instruments of writing or other necessity arising where the General Laws of the State, or the provisions of laws applicable to Ware County so require. This shall not, however, be construed to confer upon the Chairman administrative or judicial functions, which by the terms of this Act and other Acts applicable to Ware County vest such functions in other officials. The Chairman shall be recognized as the official head of the County Government by the Court for the purpose of serving legal process, by the Governor for the purpose of military law, and for all ceremonies purposes. Chairman. Section 4 . Said Act is further amended by striking in its entirety section 13 and substituting in lieu thereof a new section 13 to read as follows:

Page 2817

Section 13. The County Manager shall keep his office open during regular office hours to suit the convenience of the public during each day or forty (40) hours per week, the Sabbath and legal holidays excepted, for the transaction of public business in connection with their office. Section 5 . Said Act is further amended by striking in its entirety section 14 and substituting in lieu thereof a new section 14 to read as follows: Section 14. The County Manager shall appoint a qualified individual to serve as the clerk of Ware County with the approval of the Board. The compensation of the Clerk shall be fixed by the Board. The clerk of Ware County shall investigate on a regular and continuous basis the office of the clerk of the superior court, the office of sheriff of Ware County, the office of judge of the probate court of Ware County, the office of tax receiver of Ware County, the office of tax collector of Ware County and the office of tax commissioner of Ware County in the event the office of tax commissioner is created as to the collection of fees and costs of such offices and to see that the said fees are correctly collected and promptly turned over to the treasurer of Ware County. In the event any of the officials in charge of the offices herein named shall fail and refuse to permit the clerk of Ware County to perform the duties set out herein, it shall be the duty of the clerk to report the same to the foreman of the next grand jury convened in said county. Clerk. Section 6 . Said Act is further amended by striking in its entirety section 15 and substituting in lieu thereof a new section 15 to read as follows: Section 15. The Clerk of Ware County shall keep an accurate set of books, minutes, or such other records as will reflect the proceedings of the Board. The Board shall cause the County Manager of Ware County to publish once each month in the official organ of Ware County a list of receipts and expenditures of Ware County which shall be cumulative on a quarterly basis. Books.

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Section 7 . Said Act is further amended by adding at the end of section 16 the following: The Chairman shall countersign with the County Manager all checks issued for and in behalf of Ware County., so that when so amended, section 16 shall read as follows: Section 16. At the regular monthly meetings provided for, the Commissioners shall examine all requisitions, bills, claims and demands which have been filed with them and which have not already been submitted, together with all contracts of proposals contemplated or about to be entered into by said Commissioners on behalf of said county. The Chairman shall countersign with the County Manager all checks issued for and in behalf of Ware County. Checks. Section 8 . Not less than 1 nor more than 10 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Ware County to issue the call for an election for the purpose of submitting this Act to the electors of Ware County for approval or rejection. The superintendent shall set the date of such election for May 4, 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 Ware County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating the office of County Manager of Ware 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 on January 1, 1977, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Ware County. It shall be the duty of the superintendent to hold

Page 2819

and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill creating the office of county manager in and for Ware County; to provide for a referendum; and for other purposes. This, 24th day of January, 1976. Harry D. Dixon Representative, 151st District Ottis Sweat, Jr. Representative, 150th District Frank Eldridge, Jr. Senator, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon

Page 2820

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 24, 31 and February 7, 1976. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me this 26th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976. CITY OF MILLEDGEVILLECHARTER AMENDEDTERMS OF CERTAIN OFFICIALS CHANGED, ETC. No. 902 (Senate Bill No. 617). An Act to amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials; to provide for budgets; to provide for vetoes; to provide for requirements for certain expenditures and purchases; to define a certain term; 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 establishing a new charter for the City

Page 2821

of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is hereby amended by adding, following section 21, a new Section to be designated as section 21A, to read as follows: Section 21A. Any other provision of this charter to the contrary notwithstanding, the mayor of the City of Milledgeville shall have the following powers: Powers. (a) To appoint the members of all committees established by the mayor and aldermen; (b) To nominate the following officers and officials of the City of Milledgeville, who shall serve for a term of office of one year each following their confirmation by a vote of four aldermen: (1) clerk and treasurer; (2) chief of police; (3) chief of the fire department; (4) all city department heads; (5) city recorder; and (6) city attorney. (c) To veto, in writing, within seven calendar days any ordinance, rule or regulation adopted by the city council; provided, however, that such veto may be overridden by a vote of four of the members of the city council. (d) To appoint the mayor pro tem, without the necessity of confirmation by the aldermen. (e) With the advice and approval of the council, to prepare a budget for the operation of the city for the ensuing year, provided that such budget shall be prepared by the mayor within 30 days of the date he takes office and within 30 days of the anniversary of such date during each year

Page 2822

thereafter. The budget shall separately state the amount budgeted for operating expenses, by category, and for capital expenditures. Such amounts shall be so stated for each category and shall also be stated separately for each department of city government. The mayor shall have the right to veto the amount budgeted in any category for any department. The city council may override any such veto by a vote of four of the members of the city council. Section 2 . Said Act is further amended by adding, following section 21A, a new section 21B, to read as follows: Section 21B. It shall be the duty of the mayor and aldermen to obtain competitive bids for the purchase of any real or personal property with a fair market value of more than $1,500.00, except in cases in which an emergency exists or other circumstances require that an immediate purchase be made and such facts are so stated in a resolution adopted by the mayor and aldermen authorizing such purchase. It shall be the duty of the mayor and aldermen to advertise such purchases to be made in excess of $1,500.00, stating in such advertisement a general description of the property to be purchased, the date, time and location for the opening of bids and the location and times at which additional bid specifications, property specifications and bid blanks may be obtained. Bids. Section 3 . Said Act is further amended by adding following section 21B a new section 21C to read as follows: Section 21C. The `city council' shall be defined in this Act as the six elected board of aldermen. City council. Section 4 . This Act shall become effective on April 15, 1976, or upon its approval by the Governor. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a

Page 2823

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 provisions relating to the mayor, aldermen and other elected and appointed officials and their powers, duties and authority; to change certain provisions relative to elections; and for other purposes. This 19 day of Jan., 1976. Culver Kidd Senator, 25th District Wilbur E. Baugh Representative, 108th District Bobby E. Parham Representative, 109th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder which is the official organ of Baldwin County, on the following dates: January 22, 29, and February 5, 1976. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

Page 2824

TOWNS COUNTY SHERIFFPERSONNEL PROVIDED, ETC. No. 903 (House Bill No. 1131). An Act to amend an Act placing the Sheriff of Towns County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2216), so as to provide for the employment of personnel; to change the provisions relative to operating expenses; 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 Towns County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2216), is hereby amended by striking Sections 4 and 5 in their entirety and substituting in lieu thereof new sections 4 and 5 to read as follows: Section 4. (a) The sheriff shall be authorized to employ a chief deputy and fix his compensation at not less than $550.00 nor more than $650.00 per month. The sheriff shall also be authorized to employ an additional deputy, who may also serve as secretary or clerk to the sheriff, and fix his compensation at not less than $450.00 nor more than $550.00 per month. The governing authority of Towns County, with the approval of the sheriff, shall be authorized to increase the compensation of such personnel, notwithstanding the limitations provided for herein, to such amount as the governing authority shall determine. The compensation of such personnel shall be paid from the funds of Towns County. Personnel. (b) In addition to the personnel provided for by subsection (a) hereof, the sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The sheriff shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his

Page 2825

office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Towns County to fix the compensation to be received by each employee in said office, except as otherwise provided by subsection (a) hereof. (c) 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 5. (a) 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, uniforms, 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. When any deputy is first employed by the sheriff and remains employed for a minimum of six consecutive months, the governing authority of Towns County shall be required to reimburse such deputy for the cost of two complete uniforms. The determination of such requirements, except as herein provided and except as provided by subsection (b) hereof, shall be at the sole discretion of the governing authority of Towns County. Expenses. (b) The governing authority of Towns County shall furnish the sheriff with one police-equipped automobile and shall provide for the repair and maintenance of said automobile. The governing authority shall purchase a replacement for said automobile annually and may replace said automobile at any time if said automobile is damaged or otherwise becomes unserviceable. The sheriff and his deputies shall furnish their own handguns. Automobile.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the 1975 regular session of General Assembly of Georgia a bill or bills for the purpose of changing the Compensation of the Sheriff of Towns County, for the purpose of changing and prescribing procedures as to employment of deputies and to purchase equipment for the Sheriff's department, to repeal conflicting laws, and for other purposes. 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 Towns County Herald which is the official organ of Towns County, on the following dates: January 10, 17, 24, 1975. /s/ Ralph Twiggs Representative, 4th 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 March 5, 1976. DEVELOPMENTAL DISABILITIES PLANNING AND COORDINATING COUNCIL OF DEKALB COUNTY CREATED. No. 904 (House Bill No. 1443). An Act to establish the Developmental Disabilities Planning and Coordinating Council of DeKalb County; to provide

Page 2827

for appointment of members of the Council and their duties, powers and authority; to provide for definitions; to provide for the receipt and expenditures of moneys; to provide for contracts; 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 . There is hereby created and established the Developmental Disabilities Planning and Coordinating Council of DeKalb County. The Council shall consist of such members as shall be appointed by the Board of Commissioners of DeKalb County. The members of the Council shall be appointed by the Board of Commissioners from candidates recommended by representatives of the interests comprising the membership areas. The Council shall include members who are elected or appointed officials of the county or municipal governments within DeKalb County, members who are representatives of consumers, and members who are representatives of organizations, groups and associations providing services for individuals with developmental disabilities. The members representing elected or appointed officials shall include at least one representative from the Board of Commissioners, at least one representative from the DeKalb County Board of Education, and at least one representative from the Board of Education of the Decatur School System. Members representing consumers shall include representatives of more than one disability group, and a majority of such consumer members shall either be receiving services within the county themselves or shall have a relative actively receiving such services. The District Health Director of DeKalb County or his appointed representative shall be a member of the Council, and the Director of DeKalb County Mental Health and Retardation Services or his appointed representative. Created. Section 2 . It shall be the duty of the Council to provide and to assist in providing effective services to the developmentally disabled citizens of DeKalb County. The General Assembly hereby recognizes that the provision of effective services to the developmentally disabled is a complex and

Page 2828

demanding undertaking and further recognizes that developmental disability begins in early childhood and affects a person and his family throughout his life span. The General Assembly further recognizes that a wide range of service, coordinated to changing needs and advancing age, is necessary to insure that people with developmental disabilities are provided with the greatest possible participation in the life and activities of their communities. Duties. Section 3 . It shall be the duty of the Council created by by the provisions of this Act to: (a) encourage and assist the various governmental and private agencies and citizen's groups involved in providing for the needs of the developmentally disabled to enter into agreements to share resources in the creation of a countywide plan for coordinating efforts to assist the developmentally disabled; (b) plan and develop more comprehensive services and manage available shared resources in providing for the needs of the developmentally disabled; (c) to prepare an annual county unified services plan which specifies interagency agreements and joint projects to develop more comprehensive service and priorities for staff activities; (d) to review budgets and grant proposals from agencies serving the developmentally disabled; (e) serve as the applicant and administering agency for available group grant moneys, without assuming actual responsibility for the administration of existing services; (f) seek county or private funding to assist in providing services or to match available federal moneys for the provision of such services; (g) utilize available funds and shared resources to operate services which cannot otherwise be provided; (h) use available moneys, both public and private, within any restrictions imposed by the agencies, organizations, associations or persons providing such funds to contract for necessary functions and services;

Page 2829

(i) establish any committees or subcommittees which may be necessary or useful to the functions and duties of the Council; (j) collect information relative to the amount and kinds of services provided within the county for the developmentally disabled and to develop and implement means of evaluating the effectiveness and quality of such services; and (k) perform such other duties as may be assigned to the Council by the Board of Commissioners of DeKalb County. Section 4 . The Council is hereby authorized to enter into contractual agreements necessary or convenient to carry out the purposes or functions of the Council. The Council shall be further authorized to accept and expend moneys or other property from private sources for the purposes provided in this Act. Contracts. Section 5 . As used in this Act: (a) Developmentally disabled shall mean and include individuals with a developmental disability. Definitions. (b) Developmental disability means a disability of a person which: (1) (i) is attributable to mental retardation, cerebral palsy, epilepsy, autism or severe neurological dysfunctions; (ii) is attributable to any other condition of a person found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons; or (iii) is attributable to dyslexia resulting from a disability described in (i) or (ii); (2) originates before such person attains age 18; (3) has continued or can be expected to continue indefinitely; and

Page 2830

(4) constitutes a substantial handicap to such person's ability to function normally in society. 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 1976 session of the General Assembly of Georgia a bill to establish a Developmental Disabilities Planning and Coordinating Council in DeKalb County; to provide for the powers, duties and authority of the Council; and for other purposes. This 29th day of December, 1975. Joe Burton, Representative 47th District Eleanor Richardson, Representative 52nd District 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, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1, 8, 15 day of Jan., 1976. /s/ Gerald W. Crane, Publisher (by) Betty M. Branch, Agent

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Sworn to and subscribed before me this 15th day of Jan. 1976. /s/ Betty M. Branch Notary Public. My Commission expires Oct. 18th, 1977. (Seal). Approved March 5, 1976. CAMDEN COUNTYTAX COMMISSIONERSALARY CHANGEDREFERENDUM. No. 906 (House Bill No. 1574). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Camden County into the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. L. 1970, p. 3278), as amended, so as to change the compensation of the tax commissioner; 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 . An Act consolidating the offices of Tax Receiver and Tax Collector of Camden County into the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. L. 1970, p. 3278), as amended, is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $12,200.00 payable in equal monthly installments from the funds of Camden County. Salary. Section 2 . The provisions of section 1 shall become effective on January 1, 1977, provided that this Act is approved

Page 2832

at the referendum election held pursuant to the provisions of section 3. Effective date. Section 3 . It shall be the duty of the Election Superintendent of Camden County to issue the call for an election for the purpose of submitting this Act to the electors of Camden County for approval or rejection. The superintendent shall set the date of such election for the date of the general election in November, 1976, 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 Camden County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act increasing the salary of the Tax Commissioner of Camden County from $10,000 to $12,200, 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 Camden 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 Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia,

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a bill to provide for a salary increase in the compensation of the office of Tax Commissioner of Camden County. This 29th day of December, 1975. Paul W. Foster, Rep. District 152, Post 1 Bobby Wheeler, Rep. District 152, Post 2 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 Camden County Tribune which is the official organ of Camden County, on the following dates: January 15, 22, 29, 1976. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me this 29th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976. CITY OF KINGSLANDCHARTER AMENDEDCERTAIN TERMS OF OFFICE STAGGERED, ETC. No. 907 (House Bill No. 1586). An Act to amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as

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amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2263), so as to provide for the numbering of positions of membership on the council; to stagger the terms of office of the councilmen; to provide for annual elections; to 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 incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2263), 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 municipal general election for the City of Kingsland shall be conducted on the second Tuesday of December of each year in the city court room or council chambers. The polls shall remain open from 7:00 a.m. to 7:00 p.m. on the day of said election. Election. (b) For the purposes of electing candidates to the office of councilman, positions of membership on the council shall be numbered as Posts 1 through 4, respectively. Candidates offering for election to the council shall designate by number that position on the council for which they offer as a candidate. In the general election conducted in 1977, candidates who are elected to Posts 1 and 2 shall serve for an initial term of office of three years and until their successors are duly elected and qualified. In said election, candidates who are elected to Post 3 and 4 shall serve for an initial term of two years and until their successors are duly elected and qualified. Thereafter, successors to such councilmen shall be elected in the municipal general election which shall be conducted immediately prior to the expiration of their respective terms of office to serve for a term of office for two years and until their successors are duly elected and qualified. Posts. (c) The term of office of the mayor shall be for two years and until his successor shall be duly elected and qualified.

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Section 2 . The provisions of this Act shall become effective on January 1, 1977 and shall apply to all elections conducted thereafter in the City of Kingsland. 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 1976 regular session of the General Assembly of Georgia, a bill to amend the charter of the City of Kingsland, so as to provide for annual elections; to stagger the terms of office of councilmen; to provide for the number of positions of membership on the council; and for other purposes. This 29th day of December, 1975. Paul W. Foster, Rep. District 152, Post 1 Bobby Wheeler, Rep. District 152, Post 2 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 Camden County Tribune which is the official organ of Camden County, on the following dates: January 15, 22, 29, 1976. /s/ Paul W Foster Representative, 152nd District Sworn to and subscribed before me this 29th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

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TOWN OF MENLOCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 908 (House Bill No. 1593). An Act to amend an Act incorporating the Town of Menlo, approved August 11, 1903 (Ga. L. 1903, p. 588), as amended, so as to change the corporate limits of the jurisdiction of the mayor and council of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the Town of Menlo, approved August 11, 1903 (Ga. L. 1903, p. 588), as amended, is hereby amended by adding at the end of section 16 the following: In addition to the area of the circle hereinabove described over which the jurisdiction of the mayor and council, with all of its rights, privileges and powers as hereinabove described shall extend, there shall be included all of the following described tract within said jurisdiction: All that tract or parcel of land situated, lying and being in Land Lot Number Two Hundred Fifty (250) in the Thirteenth District and Fourth Section of Chattooga County, Georgia and being more particularly described as BEGINNING at an iron stake on the west side of Seventh Avenue in the City of Menlo, which stake is 967 feet south of the intersection of said west side of Seventh Avenue with the center line of Franklin Street; thence south 83 degrees 30 minutes west 1145.3 feet to an iron stake on the east side of Jones Road; thence with said east side of Jones Road south 15 degrees west 215 feet, south 381 feet and south 16 degrees east 68 feet to an iron stake; thence north 88 degrees 30 minutes east 1040 feet to an iron stake; thence north 110 feet to an iron stake; thence east 140 feet to an iron stake on the west side of Seventh Avenue; thence north along said west side of Seventh Avenue 52 feet to an iron stake; thence west 140 to an iron stake; thence north 189.5 feet to an iron stake; thence west 197 feet to an iron stake;

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thence north 307 feet to an iron stake; thence north 83 degrees 30 minutes east 338 feet to an iron stake on the west side of Seventh Avenue; thence north along said west side of Seventh Avenue 60 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 1976 session of the General Assembly of Georgia a bill to amend the Charter of the City of Menlo, Georgia (Ga. L. 1903, p. 588 et seq.) as heretofore amended, so as to change and extend the corporate limits of said city; and for other purposes. This 16th day of December 1975. John Crawford, Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: December 18, 25, 1975 and January 1, 1976. /s/ John Crawford Representative, 5th District

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Sworn to and subscribed before me this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976. CITY OF DAWSONCHARTER AMENDEDMAXIMUM MILLAGE RATE REDUCED. No. 909 (House Bill No. 1594). An Act to amend an Act creating a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), so as to reduce the maximum millage rate which may be levied annually for general 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 Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), is hereby amended by striking subsection (a) of section 4-28 in its entirety and inserting in lieu thereof a new subsection (a) of section 4-28, to read as follows: (a) Amount, scope of tax . The city council shall have power and authority to levy and collect a tax annually, for general purposes, or not more than ten (10) mills upon each dollars of assessed valuation, upon all and every species of property, both real and personal, within the limits of the city, and to enforce the collection of same by execution, levy and sale as the city council shall provide. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia an Act to amend the Charter of the City of Dawson so that the maximum annual ad valorem taxes which can be levied for general purposes will be reduced from twenty (20) mills to ten (10) mills on the dollar on all taxable property in the City of Dawson. City Council of Dawson Georgia, Terrell County. I, Carl Rountree, publisher of the Dawson News, the newspaper published in Dawson, Terrell County, Georgia, in which the Sheriff's advertisements are published do hereby certify that the foregoing notice was published for three consecutive weeks in the Dawson News, under dates of December 18th and 25th 1975 and January 1, 1976. /s/ Carl Rountree Approved March 5, 1975. McDUFFIE COUNTY TAX COMMISSIONERPERSONNEL SALARY CHANGES, ETC. No. 911 (House Bill No. 1609). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2543), so as to change the compensation provisions relative to the deputy and other personnel; to provide for cost-of-living increases for the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act consolidating the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2543), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall receive an annual salary to be fixed by the governing authority of McDuffie County, but which shall not be less than $4,800.00 per annum, payable in equal monthly installments from the funds of McDuffie County. Personnel. The tax commissioner is authorized to employ such additional part-time personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be fixed by the governing authority of McDuffie County and shall be paid from county funds; provided, however, that the total compensation to be paid by the county for all such personnel shall not be less than $3,600.00 during any one calendar year. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 2 . Said Act is further amended by adding between sections 5 and 6 a new section to be designated section 5A to read as follows: Section 5A. The tax commissioner shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1978, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous

Page 2841

January 1, the existing compensation of the tax commissioner shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding 5%. For the purposes of this section only, the `base salary' of the tax commissioner shall be computed at $12,000.00 January 1, 1978, and thereafter shall be computed at $12,000.00 plus cost-of-living increases which have been made in prior years. Tax commissioner. Section 3 . This Act shall become effective January 1, 1977. 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 1976 Session of the General Assembly of Georgia a bill to change the compensation provisions relative to the Deputy Tax Commissioner of McDuffie County and other personnel; to provide for cost-of-living increases to the Tax Commissioner of McDuffie County; and for other purposes. This 5th day of January, 1976. /s/ Warren D. Evans Representative 84th District /s/ Ray D. Owens Representative 77th District Georgia, McDuffie County. Personally appeared before me, a Notary Public within and for above State and County, Claude McEver who, on oath, deposes and says that he is the publisher of the McDuffie Progress which is the official organ of McDuffie County, and that the attached copy of Notice of Intention to

Page 2842

Introduce Local Legislation was published therein on the following dates: January 8, 15, and 22, 1976. /s/ Claude McEver, Publisher Sworn to and subscribed before me this 26th day of January, 1976. /s/ Iona T. Price Notary Public, Georgia State at Large. My Commission expires March 27, 1978. (Seal). Approved March 5, 1976. McDUFFIE COUNTYSUPERIOR COURT CLERK, ETC.SALARY CHANGES. No. 912 (House Bill No. 1610). An Act to amend an Act placing the county officers of McDuffie County upon an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, so as to provide for cost-of-living increases for the Sheriff, the Clerk of the Superior Court and the Judge of the Probate Court of McDuffie County; to provide for additional deputies for the sheriff 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 placing the county officers of McDuffie County upon an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, is hereby amended by striking 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 McDuffie County shall receive a salary of $12,000.00 per annum. The

Page 2843

clerk shall be authorized to employ one deputy clerk and a clerical assistant who shall receive an annual salary to be fixed by the governing authority of McDuffie County, but which shall not be less than $4,800.00 and $3,600.00 per annum, respectively. The clerk shall have the sole power and authority to employ and discharge such personnel within his office. Clerk. The clerk of the superior court shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1978, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing compensation of the clerk shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding 5%. For the purposes of this section only, the `base salary' of the clerk shall be computed at $12,000.00 January 1, 1978, and thereafter shall be computed at $12,000.00 plus cost-of-living increases which have been made in prior years. Section 2 . Said Act is further amended by adding at the end of section 3 two new paragraphs to read as follows: The sheriff is authorized, with the approval of the Board of Commissioners of McDuffie County, to employ four additional deputy sheriffs, which deputies shall receive annual salaries of not less than $5,000.00, payable in equal monthly installments from county funds. The governing authority shall furnish and make available to the sheriff's office such additional equipment and automobiles as such governing authority deems necessary. Deputy sheriffs. The sheriff shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1978, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing

Page 2844

compensation of the sheriff shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding 5%. For the purposes of this section only, the `base salary' of the sheriff shall be computed at $13,000.00 January 1, 1978, and thereafter shall be computed at $13,000.00 plus cost-of-living increases which have been made in prior years. Sheriff. Section 3 . Said Act is further amended by adding at the end of section 5 a new paragraph to read as follows: The Judge of the Probate Court of McDuffie County shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1978, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing compensation of the judge of the probate court shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding 5%. For the purposes of this section only, the `base salary' of the judge of the probate court shall be computed at $12,000.00 January 1, 1978, and thereafter shall be computed at $12,000.00 plus cost-of-living increases which have been made in prior years. Judge of probate court. Section 4 . Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The remaining sections of this Act shall become effective 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 Legal Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to change the compensation of the Clerk of the Superior Court of McDuffie County, Georgia; to provide for

Page 2845

additional deputies; to provide for annual cost-of-living increases to the Clerk of the Superior Court, Sheriff and Judge of the Probate Court of McDuffie County; and for other purposes. This 5th day of January, 1976. /s/ Warren D. Evans Representative 84th District /s/ Ray D. Owens Representative 77th District Georgia, McDuffie County. Personally appeared before me, a Notary Public within and for above State and County, Claude McEver who, on oath, deposes and says that he is the publisher of the McDuffie Progress which is the official organ of McDuffie County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 8, 15, and 22, 1976. /s/ Claude McEver Publisher Sworn to and subscribed before me this 26th day of January, 1976. /s/ Iona T. Price Notary Public, Georgia State at Large. My Commission expires March 27, 1978. (Seal). Approved March 5, 1976.

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McDUFFIE COUNTY BOARD OF COMMISSIONERSSALARY CHANGES. No. 913 (House Bill No. 1611). An Act to amend an Act repealing an Act creating a Commissioner of Roads and Revenues for McDuffie County and creating a three-member Board of Commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, so as to change the compensation of the chairman and members of said board; to provide for cost-of-living increases for the chairman; 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 repealing an Act creating a Commissioner of Roads and Revenues for McDuffie County and creating a three-member Board of Commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The chairman of the board shall receive a salary of twelve thousand ($12,000.00) dollars per annum to be paid in equal monthly installments from the funds of McDuffie County, and the chairman shall devote full time to the duties of his office. The chairman shall receive, in addition to such salary, an expense allowance of two thousand ($2,000.00) dollars per annum, payable in equal monthly installments from the funds of McDuffie County. The remaining two members of the board shall receive a salary of twelve hundred ($1,200.00) dollars per annum to be paid in equal monthly installments from the funds of McDuffie County. The remaining members shall receive, in addition to such salary, an expense allowance of two hundred ($200.00) dollars per annum. Chairman.

Page 2847

The chairman shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1978, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing compensation of the chairman, excluding any expense allowance, shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding 5%. For the purposes of this Section only, the `base salary' of the chairman shall be computed at $12,000.00, January 1, 1978, and thereafter shall be computed at $12,000.00 plus cost-of-living increases which have been made in prior year. Section 2 . This Act shall become effective January 1, 1977. 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 1976 Session of the General Assembly of Georgia a bill to change the compensation of the members of the Board of Commissioners of McDuffie County; to provide for cost-of-living increases to the Chairman; and for other purposes. This 5th day of January, 1976. /s/ Warren D. Evans Representative 84th District /s/ Ray D. Owens Representative 7th District

Page 2848

Georgia, McDuffie County. Personally appeared before me, a Notary Public within and for above State and County, Claude McEver who, on oath, deposes and says that he is the publisher of the McDuffie Progress which is the official organ of McDuffie County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 8, 15, and 22, 1976. /s/ Claude McEver Publisher Sworn to and subscribed before me this 26th day of January, 1976. /s/ Iona T. Price Notary Public, Georgia, State at Large. My Commission expires March 27, 1978. (Seal). Approved March 5, 1976. CLAYTON COUNTY BOARD OF COMMISSIONERSCHAIRMANSALARY CHANGED. No. 914 (House Bill No. 1631). 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, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2563), so as to change the compensation of the Chairman of the Board of Commissioners of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955,

Page 2849

p. 2064), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2563), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. Compensation . The Chairman of the Board shall be compensated in the amount of $22,400 per annum to be paid in equal monthly installments from the funds of Clayton County. The Chairman of said Board shall also receive an annual expense allowance of $1,800 per annum payable in equal monthly installments out of the funds of Clayton County. The other four members of the Board shall be compensated in the amount of $4,500 per annum to be paid in equal monthly installments. Each of the other members of the Board shall also receive an annual expense allowance of $1,200 per annum payable in equal monthly installments. Said sums shall be paid from the funds of Clayton County. The Chairman of the Board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the Board. All five members of the Board, however, shall have an equal vote in all matters pertaining to the affairs of Clayton County, and the Chairman shall carry out and administer the policies set by the Board. The Chairman shall select the Comptroller-Administrative Assistant, but the Comptroller-Administrative Assistant must be confirmed by a majority vote of the entire Board. Section 2 . This Act shall become effective on January 1, 1977. 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, 1976, Session of the General Assembly of Georgia bills to change the compensation effective January 1, 1977, of the Clerk of the Court; Chairman, Board of Commissioners; Probate Judge; Sheriff and Tax Commissioner of Clayton

Page 2850

County, and for other purposes. This 8th day of January, 1976. Legislative Delegation Clayton County 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. 13, 20 and 27, 1976. /s/ Jim Wood Sworn to and subscribed before me, this 27th day of January, 1976. /s/ Helen W. Jenkins Notary Public, Georgia, State at Large. My Commission Expires Sept. 26, 1978. (Seal). Approved March 5, 1976. BACON COUNTY SMALL CLAIMS COURTJUDGERESIDENCY REQUIREMENTS CHANGED. No. 915 (House Bill No. 1632). An Act to amend an Act creating and establishing a Small Claims Court in and for Bacon County, approved March 29, 1973 (Ga. L. 1973, p. 2337), so as to change the residency requirements of the judge of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a Small Claims Court in and for Bacon County, approved March 29,

Page 2851

1973 (Ga. L. 1973, p. 2337), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. (a) Any person appointed as a Judge of the Small Claims Court of Bacon County must be at least 22 years of age, have completed a high school education or equivalent, and must be a person of outstanding character and integrity. (b) All other officers appointed to or employed by said court must be at least 21 years of age and residents of Bacon County. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court in and for Bacon County, approved March 29, 1973 (Ga. L. 1973, p. 2337), so as to change the residency requirements of the judge of said court; and for other purposes. This 19th day of Jan. 1976. Bobby A. Wheeler Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby A. Wheeler who, on oath, deposes and says that he is Representative from the 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

Page 2852

Bacon County, on the following dates: January 15, 22, 29, 1976. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 5, 1976. HEARD COUNTY TAX COMMISSIONERSALARY CHANGED. No. 917 (House Bill No. 1644). An Act to amend an Act consolidating the offices and duties of the Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County, approved April 17, 1929 (Ga. L. 1929, p. 638), as amended by an Act approved March 29, 1973 (Ga. L. 1973, p. 2459), so as to change the compensation of the Tax Commissioner of Heard County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices and duties of the Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County, approved April 17, 1929 (Ga. L. 1929, p. 638), as amended by an Act approved March 29, 1973 (Ga. L. 1973, p. 2459), is hereby amended by striking from subsection (a) of section 10 the following:

Page 2853

seven thousand eight hundred dollars ($7,800.00), and inserting in lieu thereof the following: eight thousand one hundred dollars ($8,100.00), so that when so amended, subsection (a) of section 10 shall read as follows: Section 10. (a) The tax commissioner shall receive an annual salary of eight thousand one hundred dollars ($8,100.00) per annum, payable in equal monthly installments from the funds of Heard County. Any clerical personnel which may be necessary for the tax commissioner to perform the duties of his office shall be paid by the tax commissioner out of his annual salary. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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, 1976 Session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Heard County, Georgia, for other purposes, to become effective January 1, 1977. This the 12th day of December, 1975. Ralph Parkman Tom Glanton J. Crawford Ware 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

Page 2854

of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ of Heard County, on the following dates: December 17, 24 and 31, 1975. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 3rd day of February, 1976. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved March 5, 1976. HEARD COUNTY SHERIFFSALARY CHANGED. No. 918 (House Bill No. 1645). An Act to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2457), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2457), is hereby amended by striking from section 1 the following: $10,000.00, and inserting in lieu thereof the following:

Page 2855

$12,000.00, so that when so amended, section 1 shall read as follows: Section 1. The present method of compensation for the Sheriff of Heard County, Georgia, is hereby changed from the fee system to the salary system, and the sheriff of Heard County shall hereafter be paid on a salary basis. The sheriff shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Heard County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the Sheriff of Heard County after the effective date of this Act, and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of Heard County or for any department or official of the State of Georgia. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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, 1976 Session of the General Assembly of Georgia, a bill to change the compensation of the Sheriff of Heard County, Georgia; and for other purposes, to become effective January 1, 1977. This the 12th day of December, 1975. Tom Glanton J. Crawford Ware Ralph Parkman

Page 2856

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 News and Banner which is the official organ of Heard County, on the following dates: December 17, 24 and 31, 1975. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me this 3rd day of February, 1976. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission expires Oct. 11, 1976. (Seal). Approved March 5, 1976. HEARD COUNTY PROBATE COURTJUDGESALARY CHANGED. No. 919 (House Bill No. 1646). An Act to amend an Act placing the Judge of the Probate Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. L. 1973, p. 2452), so as to change the provisions relating to the compensation of the Judge of the Probate Court of Heard County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Judge of the Probate Court

Page 2857

of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. L. 1973, p. 2452), is hereby amended by striking from section 2 the following: $7,800.00, and inserting in lieu thereof the following: 9,040.00, so that when so amended, section 2 shall read as follows: Section 2. The Judge of the Probate Court shall receive an annual salary of $9,040.00, payable in equal monthly installments from county funds. Salary. Section 2 . This Act shall become effective on January 1, 1977. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby reepaled. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1976 Session of the General Assembly of Georgia, a bill to change the compensation of the Judge of Probate Court of Heard County, Georgia; and for other purposes, to become effective January 1, 1977. This the 12th day of December, 1975. Ralph Parkman Tom Glanton J. Crawford Ware 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

Page 2858

from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ of Heard County, on the following dates: December 17, 24 and 31, 1975. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 3rd day of February, 1976. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved March 5, 1976. HEARD COUNTY SUPERIOR COURT CLERKSALARY CHANGED. No. 920 (House Bill No. 1647). An Act to amend an Act placing the Clerk of Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. L. 1973, p. 2449), so as to change the compensation of the Clerk of 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 Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. L. 1973, p. 2449), is hereby amended by striking from section 2 the following: $8,800.00,

Page 2859

and inserting in lieu thereof the following: $10,500.00, so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the Superior Court shall receive an annual salary of $10,500.00, payable in equal monthly installments from county funds. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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, 1976 Session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of Superior Court of Heard County, Georgia, and for other purposes, to become effective January 1, 1977. This the 12th day of December, 1975. Ralph Parkman Tom Glanton J. Crawford Ware 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 News and Banner which is the official organ of Heard County, on the following dates: December 17, 24 and 31, 1975. /s/ J. Crawford Ware Representative, 68th District

Page 2860

Sworn to and subscribed before me this 3rd day of February, 1976. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission expires Oct. 11, 1976. (Seal). Approved March 5, 1976. CITY OF VIDALIACHARTER AMENDEDPRIMARY ELECTION PROVISIONS REPEALED. No. 921 (House Bill No. 1665). An Act to amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), so as to repeal the provisions relating to primary elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), is hereby amended by repealing section 9-18, relating to primary elections, in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), so as

Page 2861

to repeal the provisions relating to primary elections; and for other purposes. This 12th day of December, 1975. L. L. Phillips, Representative, 120th District A Bill to be Entitled an Act to amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), so as to repeal the provisions relating to primary elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), is hereby amended by repealing Section 9-18, relating to primary elections, in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he is Representative from the 120th 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 8, 15, 22, 1976. /s/ L. L. Phillips Representative, 120th District

Page 2862

Sworn to and subscribed before me this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976. CITY OF VIDALIACHARTER AMENDEDCERTAIN FRANCHISE, ETC. RESTRICTIONS REMOVED. No. 922 (House Bill No. 1666). An Act to amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), so as to remove certain restrictions placed on the mayor and council relative to the granting of franchises, permits, easements and rights-of-way; 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 Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), is hereby amended by striking from subsection (a) of section 4-15 the following for a period longer than twenty (20) years, nor, so that when so amended, subsection (a) of section 4-15 shall read as follows: (a) Scope of authority . The mayor and council of the city shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks, and other property of said city, upon such terms, conditions, reservations, restrictions and limitations as the mayor and council may fix and prescribe. Provided however, that the

Page 2863

same shall not be granted without compensation to the city; and, provided further, that the same or any of them shall be subject to taxation by the city. 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 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968, so as to change the provisions relating to the granting of franchises; and for other purposes. This 8th day of January, 1976. L. L. Phillips, Representative, 120th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he is Representative from the 120th 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 8, 15, 22, 1976. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

Page 2864

COFFEE COUNTY COMMISSIONERSAUDITING PROCEDURES CHANGED. No. 923 (House Bill No. 1673). An Act to amend an Act creating the office of Commissioner of Coffee County, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved April 18, 1969 (Ga. L. 1969, p. 3093), so as to change the county auditing procedures; 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 Coffee County, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved April 18, 1969 (Ga. L. 1969, p. 3093), is hereby amended by striking subsection (b) of section 14A in its entirety and inserting in lieu thereof a new subsection (b) of section 14A, to read as follows: (b) Should such auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the county, its departments and agencies, it shall be the duty of such auditor to immediately report such violation of irregularity to the board of commissioners and to the grand jury then in session, or if no grand jury is in session, then to the first grand jury convened after such violations or irregularities are discovered. Audit. Section 2 . Said Act is further amended by striking subsection (e) of section 14A in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner

Page 2865

of Roads and Revenues for the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, so as to change the provisions relating to audits of the financial affairs, books and records of Coffee County; and for other purposes. This fifth day of January, 1976. Paul W. Foster Representative, 152nd District Bobby 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 Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 7, 14, 21, 1976. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me this 29th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

Page 2866

CLAYTON COUNTY PROBATE COURTJUDGESALARY CHANGED No. 924 (House Bill No. 1677). An Act to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary in lieu of the fee system of compensation, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2582), so as to change the compensation of the Judge of the Probate Court of Clayton 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 Judge of the Probate Court of Clayton County on an annual salary in lieu of the fee system of compensation, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2582), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. The salary herein named for the judge of the probate court shall be his full and complete compensation, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be county funds and accountable for as such. The salary of said judge of the probate court shall be nineteen thousand two hundred dollars ($19,200.00) per year, payable monthly by the governing authority out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named. Salary. Section 2 . This Act shall become effective on January 1, 1977. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2867

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 13, 20 and 27, 1976. /s/ Jim Wood Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1976, Session of the General Assembly of Georgia bills to change the compensation, effective January 1, 1977, of the Clerk of the Court; Chairman, Board of Commissioners; Probate Judge; Sheriff and Tax Commissioner of Clayton County, and for other purposes. This 8th day of January, 1976. Legislative Delegation Clayton County. Sworn to and subscribed before me this 2nd day of February, 1976. /s/ Helen W. Jenkins. Notary Public, Georgia State at Large. My Commission Expires Sept. 26, 1978. (Seal). Approved March 5, 1976. CLAYTON COUNTY TAX COMMISSIONERSALARY CHANGED. No. 925 (House Bill No. 1681). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the

Page 2868

single office of Tax Commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2579), so as to change the compensation of the Tax Commissioner of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2579), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. The Tax Commissioner of Clayton County shall be compensated in the amount of nineteen thousand two hundred dollars ($19,200.00) per annum, to be paid in equal monthly installments from the funds of Clayton County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind whatsoever heretofore or hereafter received by said tax commissioner. It is hereby specifically provided that he shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be accounted for by the tax commissioner as such. Provided, further that should the above-named county officer receive and retain any fees or compensation whatsoever from the State of Georgia or any political subdivision thereof other than Clayton County under and by virtue of his county office, the compensation to be paid such county officer under this Act shall be reduced by the sum of any such fees compensation received and retained by him so that the salary herein

Page 2869

fixed shall be the total compensation received by the above-named county officer by virtue of his office whether such county officer acts in his capacity as an officer of the county or as an agent or officer of the State of Georgia or any other political subdivision thereof. Salary. Section 2 . This Act shall become effective on January 1, 1977. Effective date. Section 3 . 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: January 13, 20 and 27, 1976. /s/ Jim Wood Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1976, Session of the General Assembly of Georgia bills to change the compensation, effective January 1, 1977, of the Clerk of the Court; Chairman, Board of Commissioners; Probate Judge; Sheriff and Tax Commissioner of Clayton County, and for other purposes. This 8th day of January, 1976. Legislative Delegation Clayton County Sworn to and subscribed before me this 2nd day of February, 1976. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved March 5, 1976.

Page 2870

CLAYTON COUNTY SUPERIOR COURT CLERK, ETC.SALARY CHANGED. No. 926 (House Bill No. 1684). An Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3381), so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Clayton 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 and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3381), 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, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall, except as herein otherwise provided, be construed to be county funds and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of nineteen thousand two hundred dollars ($19,200.00) per year, both salaries being payable in equal monthly installments by the governing authority of said county out of the funds of said county. Any funds, except the salary provided, collected under the color of their offices shall be construed as county funds and shall be accounted for as such. Salaries. Section 2 . This Act shall become effective on January 1, 1977. Effective date.

Page 2871

Section 3 . 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 date: January 13, 20 and 27, 1976. /s/ Jim Wood Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1976, Session of the General Assembly of Georgia bills to change the compensation, effective January 1, 1977, of the Clerk of the Court; Chairman, Board of Commissioners; Probate Judge; Sheriff and Tax Commissioner of Clayton County, and for other purposes. This 8th day of January, 1976. Legislative Delegation Clayton County Sworn to and subscribed before me this 2nd day of February, 1976. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved March 5, 1976.

Page 2872

CITY OF COOLIDGENEW CHARTER. No. 927 (House Bill No. 1689). An Act to provide a new Charter for the City of Coolidge, Georgia, in the County of Thomas; 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 Coolidge, repealing and replacing the charter provided by an Act of the General Assembly approved December 10, 1901 (Ga. L. 1901, p. 359), as amended. The City of Coolidge, Georgia, in the County of Thomas and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Coolidge, 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 Coolidge shall be described and set forth in Appendix A attached hereto. Section 1.12. Specific Powers . The corporate powers of the City of Coolidge, to be exercised by the governing authority, may include the following:

Page 2873

(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 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 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, gas works, electric light plants, transportation facilities, public airports and other public utilities; to fix the taxes,

Page 2874

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 ten 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 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;

Page 2875

(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, 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 Coolidge; 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

Page 2876

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 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 Coolidge 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 service charge, tax or 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; (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

Page 2877

and safety of the inhabitants of the City of Coolidge; 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 Coolidge; 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 Coolidge; 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, nevertheless are deemed by the governing authority of the City of Coolidge 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

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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 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;

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(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 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

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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 Coolidge, 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 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 six months 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 Coolidge; and (4) he is at least 21 years of age. 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

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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 and councilmen shall receive as compensation for their services an amount to be prescribed by ordinance. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their official 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 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 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 Coolidge 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

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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 Coolidge 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 Coolidge. 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) suspend any or all appointed officers, department heads of employees of the city for cause, said suspension to remain in effect until the next council meeting wherein the full council shall determine whether the suspension shall be lifted or whether the officer, departmetn head or employee shall be removed from the employ of the city; (g) exercise supervision over all executive and administrative

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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 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) 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 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 case may be) of the City of Coolidge and that I will support and defend the charter thereof as well as the Constitution and

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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 reglar 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. 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 and the mayor shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of

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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. Four 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 Coolidge 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 accepted 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 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 four 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

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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 2.37. (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 Coolidge, 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

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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 Coolidge 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 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. (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

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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, Commissioners 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 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 four affirmative votes from 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,

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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 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. Section 3.41. City Tax Collector . The council may appoint

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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. 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 Coolidge 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. Personal 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 Coolidge.

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SECTION 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 Coolidge 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, shall possess the same qualifications 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

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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 Coolidge 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 $1,000.00 or 30 days in jail, or both. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 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, transportation and caretaking of prisoners bound over to superior courts for violations of state laws. (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 trail, 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 trail, the cash shall be forfeited to the City of Coolidge or the property so deposited shall have a lien against it for the value forfeited,

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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. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Coolidge 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 Thomas 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

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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, 1976, and biennially thereafter, there shall be an election for mayor and three councilmen whose terms of office expire that year, said mayor and councilmen to serve for two years. On the first Tuesday in December of odd-numbered years, there shall be an election for three councilmen whose terms of office expire that year, said councilmen to serve for two years. 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 as provided in Article II, Section 2.30 of this Charter. Section 5.11. Qualifying, Nominatiion 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 election procedures as may be necessary for the conduct of elections in the City of Coolidge. Section 5.20. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Coolidge 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 reason whatsoever, the council or those remaining shall fill such vacancy by appointment; provided, however, that: (1) said appointee must meet the qualifications of office as prescribed by this

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charter; and (2) if there is longer than one year remaining in the unexpired term, said appointee shall serve until the date of the next city elections and, as a part of the regular city election, there shall be a special election to fill the balance of the unexpired term. 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; provided, however, that if such officer sought to be removed is a member of the council, then he shall not be entitled 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 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 Thomas County. Such

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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 Thomas 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 Coolidge. The council by ordinance 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 Coolidge 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 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

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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 Coolidge, 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 business, 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 Coolidge 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 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

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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 Coolidge 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 assessments 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, 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

Page 2899

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 Obligations 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 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. 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 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.

Page 2900

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 council meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which they apply. 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 drawin by the city attorney or may 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 Coolidge. (b) The council may sell and convey any real or personal property owned or held by the City of Coolidge 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, 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 2901

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 Coolidge 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 Coolidge 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 Coolidge 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 Coolidge in the County of Thomas, approved December 10, 1901 (Ga. Laws 1901, p. 359), 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

Page 2902

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 COOLIDGE CITY LIMITS Be it further enacted by the General Assembly of Georgia that from and after the passage of this Act, section 2 of said Act of December 10, 1901, incorporating the Town of Coolidge and section 2 of the said Act of 1914 be repealed and a new Section substituted to read as follows: The corporate limits of said town shall extend one-half mile in every direction from the center of the intersection Pine Street and Japonica Avenue as the same are now laid off and used in said town. Notice of Intention to Introduce Local Legislation. Notice is hereby given that I shall introduce a bill in the 1976 session of the General Assembly to repeal and replace the present Charter of the City of Coolidge in its entirety and to re-incorporate the City of Coolidge in Thomas County, Georgia; describe the corporate limits; provide for municipal government; provide for municipal officials, their election or appointment, term of office, salary and duties;

Page 2903

empower said municipality to levy and collect taxes and other revenue and expend same; and for other purposes. This second day of January, 1976. James W. Keyton Representative from Thomas County, Georgia. Georgia, Thomas County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Keyton, who, on oath, deposes and says that he is representative from Thomas County, 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 said county, on the following dates: January 2, 1976, January 9, 1976 and January 16, 1976. /s/ James K. Keyton Representative, Thomas County Sworn to and subscribed before me, this 16th day of January, 1976. /s/ Shirley D. Spence Notary Public, Georgia, State at Large. My Commission Expires July 7, 1979. (Seal). Approved March 5, 1976. SPALDING COUNTY SMALL CLAIMS COURTJURISDICTION CHANGED, ETC. No. 928 (House Bill No. 1699). An Act to amend an Act establishing a Small Claims Court for Spalding County, Georgia, approved April 28, 1969 (Ga.

Page 2904

L. 1969, p. 3687), so as to change the jurisdiction of said court; to change the provisions relative to cost in certain actions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a Small Claims Court for Spalding County, Georgia, approved April 28, 1969 (Ga. L. 1969, p. 3687), is hereby amended by striking from section 1 the following: $1,000.000, and inserting in lieu thereof the following: $1,800.00, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created and established a small claims court for Spalding County, Georgia, to be known as the `Small Claims Court of Spalding County', which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,800.00; 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 be powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Jurisdiction. Section 2 . Said Act is further amended by striking subsection (a) of section 8 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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, that the cost for filing a claim in all cases in which the demand or value of property involved

Page 2905

exceeds $1,000.00, shall be $10.00; provided, further, 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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court for Spalding County, approved April 28, 1969 (Ga. L. 1969, page 3687), so as to increase the jurisdiction of the court; to change the provisions relative to cost in certain actions; and for other purposes. This 14th day of January, 1976. John R. Carlisle State Representative Post 1, District 71 John L. Mostiler State Representative Post 2, District 71

Page 2906

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: January 15, 22, 29, 1976. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 5, 1976. DEKALB COUNTY STATE COURTCOURT COSTS CHANGED. No. 929 (House Bill No. 1711). An Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3137), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2862), so as to change the provisions relative to court costs; 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

Page 2907

County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3137), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2862), is hereby amended by striking in section 11B, the following: Each party filing a suit or proceedings of any character in the State Court of DeKalb County shall deposit with the clerk of said court, except as hereinafter provided, the total costs, including the first judgment and fi.fa., for all suits or proceedings of any character, irrespective of how they shall be terminated, shall be ten ($10.00) dollars plus two ($2.00) dollars for each defendant more than one; provided, however, where the principal amount involved is more than two hundred ($200.00) dollars, the cost shall be sixteen ($16.00) dollars plus four ($4.00) 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 ten ($15.00) dollars plus two ($2.00) dollars for each summons more than one; provided, however, where the principal amount of the garnishment involved is more than two hundred ($200.00) dollars, the cost shall be sixteen ($16.00) dollars plus four ($4.00) dollars for each summons more than one. Filing dispossessory warrants ten ($10.00) dollars., and substituting in lieu thereof, the following: Each party filing a suit or proceeding of any character in the State Court of DeKalb County shall deposit with the clerk of said court, except as hereinafter provided, the total costs, including the first judgment and fi. fa., for all suits or proceedings of any character, irrespective of how they shall be terminated, in the amount of ten ($10.00) dollars plus four $(4.00) dollars for each defendant more than one; provided, however, where the principal amount involved is more than two hundred ($200.00) dollars the cost shall be twenty ($20.00) dollars plus five ($5.00) dollars for each defendant more than one. The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective

Page 2908

of how it shall be terminated, shall be ten ($10.00) dollars plus four ($4.00) dollars for each summons more than one; provided, however, where the principal amount of the garnishment involved is more than two hundred ($200.00) dollars, the cost shall be twenty ($20.00) dollars plus five ($5.00) dollars for each summons more than one. Costs for filing dispossessory and distress warrants shall be fifteen ($15.00) dollars. Each time a case is checked or continued and is stipulated back to the calendar, there shall be a fee of two ($2.00) dollars as a stipulation fee, and the same shall be charged as part of the cost. Each time a case is stipulated to the calendar, said $2.00 fee is to accompany the letter of stipulation and in addition thereto there shall be a certificate of service attached to said letter notifying the opposing party or the attorney of record. Costs. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. An Act to amend an Act 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, to provide for an additional judge; to provide for compensation of the judges of said court; to provide for costs in said court; to provide for a chief deputy marshal in said court; to provide an effective date; to repeal conflicting laws; and for other purposes. J. Oscar Mitchell, Judge State Court of DeKalb County Jack B. Smith, Judge State Court of DeKalb County Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published

Page 2909

at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Notice To Apply For Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the Dec. 25, January 1 and January 8th day of December and January, 1975 and 1976. Gerald W. Crane, Publisher by Samme K. Toycen, Agent Sworn to and subscribed before me, this 16th day of January, 1976. /s/ Samme K. Toycen Notary Public. My Commission expires June 26, 1977. (Seal). Approved March 5, 1976. CHATHAM COUNTY STATE COURTSALARY OF JUDGE, ETC., CHANGED. No. 930 (House Bill No. 1735). An Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, particularly by an Act approved August 15, 1927 (Ga. L. 1927, p. 452), an Act approved February 9, 1949 (Ga. L. 1949, p. 403), an Act approved March 17, 1958 (Ga. L. 1958, p. 2383), an Act approved March 10, 1964 (Ga. L. 1964, p. 2511), and an Act approved March 30, 1967 (Ga. L. 1967, p. 2310), so as to change the provisions relating to the salary of the judge of said court; to change the provisions relating to the salary of the clerk of said court; to change the provisions relating to the salary of the sheriff of said court; to provide for longevity increases; to provide for the creation and salary of the chief deputy and the assistant chief deputy of said court; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Page 2910

Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, particularly by an Act approved August 15, 1927 (Ga. L. 1927, p. 452), an Act approved February 9, 1949 (Ga. L. 1949, p. 403), an Act approved March 17, 1958 (Ga. L. 1958, p. 2383), and an Act approved March 30, 1967 (Ga. L. 1967, p. 2310), is hereby amended by striking section 1 of said amendatory Act approved March 30, 1967 (Ga. L. 1967, p. 2310), in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. From and after passage of this Act, the salary of the judge of the State Court of Chatham County shall be fixed by the county commissioners of Chatham County but shall not be less than $28,500.00 per year. Judge. Section 2 . Said Act is further amended by striking section 2 of said amendatory Act, approved February 9, 1949 (Ga. L. 1949, p. 403), as amended by said amendatory Act approved March 17, 1958 (Ga. L. 1958, p. 2383), in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the clerk of the State Court of Chatham County shall be fixed by the county commissioners of Chatham County but shall not be less than $16,000.00 per year. The minimum salary provided herein shall be increased by 2% of the minimum base salary provided herein on January 1st of each year, beginning on January 1, 1978. Clerk. Section 3 . Said Act is further amended by striking section 3 of said amendatory Act, approved February 9, 1949 (Ga. L. 1949, p. 403), as amended by said amendatory Act approved March 10, 1964 (Ga. L. 1964, p. 2511), in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The salary of the sheriff of the State Court of Chatham County shall not be less than $19,000.00 per year.

Page 2911

The minimum salary provided herein shall be increased by 2% of the minimum base salary provided herein on January 1st of each year, beginning on January 1, 1978. Sheriff. Section 4 . Said Act is further amended by striking section 5 of said amendatory Act, approved August 15, 1927 (Ga. L. 1927, p. 452), in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The sheriff of the State Court of Chatham County shall appoint one of his deputies as the `chief deputy' and another one of his deputies as `assistant chief deputy.' The chief deputy and the assistant chief deputy shall be compensated in an amount to be fixed by the governing authority of Chatham County, and when so fixed, such compensation shall be paid from the county treasury, as an expense of the State Court of Chatham County. Deputies. Section 5 . This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval, except for the provisions of sections 1, 2 and 3 which shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Chatham County approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to change the provisions relating to the compensation of the judge, the clerk, and the sheriff of said court, to provide for a chief deputy sheriff and assistant chief deputy sheriff for said court, and their duties, powers and compensation, and for other purposes. This 29th day of December, 1975. Tom Taggart Representative, 125th District

Page 2912

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Taggart who, on oath, deposes and says that he is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 31, 1975 and January 7, 14, 1976. /s/ Tom Taggart Representative, 125th District Sworn to and subscribed before me, this 23rd day of January, 1976. /s/ Susan Gordon. Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 5, 1976. CHATHAM COUNTY STATE COURTADDITIONAL JUDGE PROVIDED, ETC. No. 931 (House Bill No. 1736). An Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the powers, duties, jurisdiction, privileges, immunities and compensation of said additional judge; to provide for terms of office; to provide for the election of the first additional judge; to provide for the election of successors to the judge initially elected; to require the governing authority of Chatham County to provide facilities, office space, supplies,

Page 2913

equipment, and personnel for said judge; 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 Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, is hereby amended by adding, following section 2, a new section to be designated section 2A to read as follows: Section 2A. (a) There shall be an additional judge of the State Court of Chatham County. The first such additional judge shall be elected in the general election to be held in 1976 and the person so elected shall take office on January 1, 1977, and shall serve for a term of office of four years and until his successor is duly elected and qualified. The successors to such initial judge 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 following their election, for a term of office of four years and until their respective successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of the State Court of Chatham County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the additional judge shall be not less than $26,500.00 per annum and shall be paid in the same manner as the compensation of the other judges of the State Court of Chatham County. Additional judge. (b) Every person who offers for nomination and election as one of the judges of the State Court of Chatham County shall designate with the local party authority in all primaries and with the proper authority in all general elections the specific post for which he offers by naming the incumbent judge whom he desires to succeed and, if otherwise qualified, he shall thereupon be qualified to run for said specific judgeship and no other. In the event there is no incumbent judge in the post for which he desires to offer, the candidate

Page 2914

shall qualify by announcing his intention to run for the office for which there is no incumbent. (c) The judges of the State Court of Chatham County, in transacting the business of said court and in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each judge. In the event of disagreement between said judges, the decision of the judge most senior in service shall be controlling. The judges of the State Court of Chatham County shall have, and they are hereby clothed with, full powers, authority, and discretion to determine, from time to time and term to term, the manner of calling the dockets and of fixing the calendars and order of business in said court. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to any other judge, and they may rotate such order of business at the next term. Each of said judges may conduct trials by jury at the same time, or any of them may hear business in chambers and motions at the same time within said court. They may provide, in all respects, for holding the State Court so as to facilitate the hearing and determination of all business of said court pending at any time and ready for trial or hearing. (d) Upon request of the senior judge, the governing authority of Chatham County shall furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Chatham

Page 2915

County; approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an Additional Judge of the State Court of Chatham County; to provide for other matters relative to the foregoing; and for other purposes. This 29th day of December, 1975. Tom Taggart Representative, 125th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Taggart who, on oath, deposes and says that he is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 31, 1975 and January 7, 14, 1976. /s/ Tom Taggart Representative, 125th District Sworn to and subscribed before me, this 23rd day of January, 1976. /s/ Susan Gordon. Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

Page 2916

CITY OF DALTONCHARTER AMENDEDRECORDERSALARY CHANGED. No. 932 (House Bill No. 1737). An Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, so as to change the compensation of the recorder of said City; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the Act described in caption hereof, as amended, be and the same is hereby further amended as follows: Section 1 . From and after the passage of this Act and by ordinance duly adopted by the Mayor and Council of The City of Dalton, the recorder shall receive an annual salary not to exceed $7,500.00 payable in equal monthly installments from the funds of The City of Dalton. Salary. Section 2 . This Act shall become effective July 1, 1976. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend the charter of The City of Dalton to authorize the Mayor and Council to fix the compensation of the City Recorder at not more than $7,500 per annum; and for other purposes. Charles A. Bramlett Charles A. Bramlett, Mayor The City of Dalton

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Affidavit of Publication. This is to certify that the attached published legal notice appeared for three consecutive weeks in issues of The Daily Citizen-News, Dalton, Ga.; on the following dates: Dec. 26, 1975, Jan. 2, 9, 1976. This affidavit sworn to and subscribed before me, on the 30th day of January, 1976. /s/ George N. Clarke, Publisher /s/ Louise B. Hackney, N. P. Commission expires Sept. 28, 1976. (Seal). Approved March 5, 1976. FLOYD COUNTY TAX COMMISSIONERSALARY OF CHIEF DEPUTY CHANGED. No. 933 (House Bill No. 1745). An Act to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga. L. 1950, p. 2749), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3181), so as to change the compensation of the chief deputy 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 abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County, approved February 17, 1950 (Ga. L. 1950, p. 2749), as amended, particularly by an Act approved March 27, 1972

Page 2918

(Ga. L. 1972, p. 3181), is hereby amended by striking from subsection (a) of section 9 the following: $8,500.00, and inserting in lieu thereof the following: $10,400.00, so that when so amended, section 9 (a) shall read as follows: (a) One chief deputy at a salary of $10,400.00 per annum, payable in equal monthly installments from the funds of Floyd County. Said chief deputy shall be entitled to receive, at the discretion of the county tax commissioner, experience increases in salary of $300.00 per annum for each 4 years of service completed as chief deputy for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling 4 or more years. Salary. The base salary provided herein is the authorized minimum with the salary to be set by the Board of Commissioners of Floyd County at its discretion. The increases for experience are the authorized minimums with the actual amount of experience to be determined by the Board of Commissioners. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, a bill to change the compensation provisions relating to the chief deputy of the clerk of the superior court of Floyd County; the chief deputy of the sheriff of Floyd County; and

Page 2919

the chief deputy of the tax commissioner of Floyd County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 19th day of January 1976. John Adams Representative, 14th District E. B. Toles Representative, 16th District Sam W. Doss, Jr. Senator, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune which is the official organ of Floyd County, on the following dates: January 22, 29, and February 5, 1976. /s/ John Adams Representative, 14th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

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FLOYD COUNTY SUPERIOR COURT CLERK, ETC.CHIEF DEPUTY'S SALARY CHANGED. No. 934 (House Bill No. 1746). An Act to amend an Act entitled An Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Sheriff of Floyd County; to provide duties and compensation of said chief deputies; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 27, 1972 (Ga. L. 1972, p. 3178), so as to provide for the compensation of the chief deputy of the Clerk of the Superior Court of Floyd County; to provide for the compensation of the chief deputy of the Sheriff of Floyd County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Sheriff of Floyd County; to provide duties and compensation of said chief deputies; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 27, 1972 (Ga. L. 1972, p. 3178), is hereby amended by striking from section 1 thereof the following: $8,500.00, and inserting in lieu thereof the following: $10,400.00, so that when so amended, section 1 shall read as follows: Section 1. The clerk of the superior court shall be authorized to employ to serve at the pleasure of said clerk, and to perform such duties as may be assigned by him a chief deputy at a salary of $10,400.00 per annum, payable in equal monthly installments from the funds of Floyd County. Said

Page 2921

chief deputy shall be entitled to receive experience increases in salary of $300.00 per annum for each four-year term of office completed for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling four or more years. Section 2 . Said Act is further amended by striking from section 2, the following: $8,500.00, and inserting in lieu thereof the following: $10,400.00, so that when so amended, section 2 shall read as follows: Section 2. The Sheriff of Floyd County shall be authorized to employ to serve at the pleasure of said sheriff, and to perform such duties as may be assigned by him a chief deputy at a salary of $10,400.00 per annum, payable in equal monthly installments from the funds of Floyd County. Said chief deputy shall be entitled to receive experience increases in salary of $300.00 per annum for each four-year term of office completed for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling four or more years. Section 3 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, a bill to change the compensation provisions relating to the chief deputy of the clerk of the superior court of Floyd County; the chief deputy of the sheriff of Floyd County; and

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the chief deputy of the tax commissioner of Floyd County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 19th day of January 1976. John Adams Representative, 14th District E. B. Toles Representative, 16th District Sam W. Doss, Jr. Senator, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune which is the official organ of Floyd County, on the following dates: January 22, 29 and February 5, 1976. /s/ John Adams Representative, 14th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 5, 1976.

Page 2923

CITY OF DECATURCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 935 (House Bill No. 1780). An Act to amend an Act, approved August 17, 1909 (Ga. L. 1909, pp. 757, et seq.), creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur, Georgia, in the County of DeKalb, by the incorporation of additional and contiguous territory therein; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that an Act approved August 17, 1909 (Ga. L. 1909, pp. 757, et seq.), creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, and the several Acts amendatory thereof, be and the same is hereby amended so as to change, enlarge and extend the corporate limits of said City of Decatur, Georgia, by including therein the following additional and contiguous territory described as follows: Beginning on the south line of Dearborn Park Subdivision, section 1, as recorded in Plat Book 12, Page 2, in the office of the Clerk of the Superior Court of DeKalb County at a point located 10.4 feet, more or less, east of the west line of Lot 7, Block D, of said subdivision, said point being the intersection of the south line of said subdivision with the former common north-south city limit line between Atlanta and Decatur and running thence westerly along the south line of said Lot 7, Block D, a distance of 10.4 feet, more or less, to the line dividing Lots 6 and 7, Block D, of said subdivision; thence northerly along the west line of said Lot 7, Block D, 192.5 feet, more or less, to south right-of-way

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line of Chevelle Lane, formerly Boulevard Drive; thence northerly 60 feet, more or less, to the intersection of the north right-of-way line of Chevelle Lane, formerly Boulevard Drive, and the west line of Lot 45, Block C, of said subdivision; thence northerly along the west line of Lot 45, Block C, 259.4 feet, more or less, to the north line of Lot 45, Block C; thence southeasterly along the north line of Lot 45, Block C, 31.2 feet, more or less, to the west line of Lot 14, Block C, of said subdivision; thence northeasterly along the west line of Lot 14, Block C, 254.5 feet, more or less, to the south right-of-way line of East Pharr Road, formerly Pharr Road; thence northerly 50 feet, more or less, to the intersection of the north right-of-way line of East Pharr Road and the west line of Lot 61, Block B, of said subdivision, thence northwesterly along the north right-of-way line of East Pharr Road 380 feet, more or less, to the east right-of-way line of South Candler Street, formerly Candler Road; thence northwesterly 60 feet, more or less, to a point at the intersection of the west right-of-way line of South Candler Street and the north right-of-way line of East Pharr Road, said point being on the former city limit line between Atlanta and Decatur; thence due east along the former city limit line between Atlanta and Decatur to a point 400 feet due east of the east right-of-way line of South Candler Street; thence southerly along the former city limit line between Atlanta and Decatur, parallel to and at a distance of 400 feet east from the east right-of-way line of South Candler Street, to the south line of Dearborn Park Subdivision, section 1, at the point of beginning. Section 2 . Be it further enacted by the authority aforesaid that said territory herein described, the residents thereof, and the property therein, shall become a part of the City of Decatur, Georgia, when this Act goes into effect, and such territory, residents, and property shall be subject to all of the laws and ordinances governing said City of Decatur, at all times, to the same extent as the territory, residents, and property of said City of Decatur are subject. Section 3 . This Act shall become effective on July 2, 1976. Effective date.

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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Decatur, so as to change the corporate limits thereof; and for other purposes. This 6th day of January, 1976. Eleanor L. Richardson Representative, 52nd District Georgia, County of DeKalb. 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 Local Legislation a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8, 15, 22 day of January, 1976. /s/ Gerald W. Crane, Publisher Betty M. Branch, Agent Sworn to and subscribed before me, this 22nd day of January, 1976. /s/ Betty M. Branch Notary Public. My Commission expires Oct. 18th, 1977. (Seal). Approved March 5, 1976.

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DEKALB COUNTY AIRPORT AUTHORITY CREATED. No. 938 (Senate Bill No. 695). An Act to create the DeKalb County Airport Authority; to declare the need for such Airport Authorities; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of each such Authority; to provide for the terms of office of each such Authority; to provide for the election of officers, quorum, bylaws, procedures and meetings; to provide for compensation of members; to provide for filling vacancies; to provide for removal of members; to provide for the appointment, compensation of an executive director, treasurer and other administrative officers and employees of each such Authority; to provide that no member or officer or employee of any such Authority shall have any financial dealings with the Authority; to provide that any member or officer or employee having financial dealings with the Authority shall be subject to removal; to provide for the powers of such Authority; to define the types of activity in which each such Authority is prohibited from engaging, and otherwise to restrict the powers of each such Authority; to provide for the execution of contracts, leases and other legal documents; to provide for the issuance and validation of revenue bonds; to provide for the location of such Authority; to provide for the replacement of lost or mutilated bonds; to provide that such bonds may be secured by a trust indenture; to provide for additional powers relative to the issuance of revenue bonds and security for such bonds; to provide for the protection of interest of bondholders; to exempt the bonds and interest therefrom from taxation; to provide that such bonds may be used as lawful deposits of securities for public officers; to provide that the property of the Authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from municipalities and counties to any such Authority; to provide that conveyances and transfers shall be accomplished so as to protect interest of bondholders and others affected thereby; to provide that airports acquired by any such Authority shall be subject to the control of

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the Authority; to provide that the powers of any such Authority shall be limited to airports; to provide that the funds of any such Authority shall be used only for airports; to provide for publication of financial data; to provide for fire and emergency medical protection; to provide for maintenance of roads, taxiways and runways; to provide for transfer of Federal funds; to provide for immunity from liability; to provide for immunity from taxation; to provide for rights of personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation of Authority . There is hereby created the DeKalb County Airport Authority which is hereinafter referred to in this Act as the Authority. The Authority hereby created shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The Authority may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of laws and equity only as hereinafter set out. The Authority may exercise the powers set out in this Act at any place within DeKalb County and any contiguous land outside the county which is used for airport purposes as provided herein. Section 2. Determination of Need for the Authority . It is hereby determined and declared that the present and projected rapid growth in commercial and private air traffic in the DeKalb County area, the need for adequate airports to safely and efficiently serve the air transportation needs of the State and the county through its metropolitan areas, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain metropolitan areas of the State. It is further determined and declared that the establishment of such Authority is necessary and essential to insure the welfare, safety and

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convenience of citizens of the entire State and to insure the proper economic development of the entire State. Section 3. Declaration of Purposes . The purposes and objectives of this Act and such Airport Authorities as are created hereunder shall be to meet the needs and requirements recognized in section 2 of this Act through the establishment, maintenance and operation of unified and coordinated airport systems in the DeKalb County area, to insure the orderly and proper use and growth of public airports; to insure that the maximum public benefit is obtained from the various public airports presently in existence and future airports; to insure proper planning and establishment of airports needed in the future; to insure the maximum participation of this State in national and international programs of air transportation; to promote public transportation and commerce, and all of this to the end of providing the most effective and economical use of public airports for the public welfare, safety and convenience. Section 4. Definitions . As used in this Act, unless the context in which they are used requires otherwise, the following terms shall have the following meanings. (a) The term airport means any area of land or water or any structure which is or has been used, or which the Authority may plan to use: for the landing and taking off of commercial, private and military aircraft, including helicopters, and all buildings, equipment, facilities or other property and improvements of any kind or nature located within the bounds of any such land or water area or structure which are or have been used or which the Authority may plan to use for terminal facilities; facilities of any type for the accommodation of passengers, maintenance, servicing and operation of aircraft, business offices and facilities of private businesses and governmental agencies, parking of automobiles, and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private and military aircraft, and all buildings, equipment, facilities and other property and improvements of any kind or nature located outside the bounds of any such land or

Page 2929

water area or structure which is or has been used or which the Authority plans to use for the landing and taking off of commercial, private and military aircraft which are necessary for the safe operation of aircraft, including all land originally acquired by DeKalb County for the establishment of a county airport, all land deeded by the United States of America to DeKalb County for airport use and all property acquired for airport purposes, including without limitation aviation easements and other real or personal property. (b) The term airport hazard means any structure, terrain or object of natural growth, or use thereof, which obstructs the airspace required for the flight, landing or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing or taking off of aircraft to or from an airport. (c) The term county means DeKalb County. Section 5. Members of the Authority . The Authority shall be composed of seven members, six of whom shall be appointed by the Board of Commissioners of DeKalb County as hereinafter set out, and a seventh member appointed by the Authority. The Authority shall be composed of seven posts. Section 6 . The initial terms and members of the Authority shall be as follows: Post No. 1 ending December 31, 1978Bill Hooper Terms. Post No. 2 ending December 31, 1978Fred Barber Post No. 3 ending December 31, 1978Sturgis Bates Post No. 4 ending December 31, 1980Neff Jenkins Post No. 5 ending December 31, 1980Linton Broome Post No. 6 ending December 31, 1890James Stogner Thereafter all appointed members shall be appointed for

Page 2930

terms of four years each and until their successors are appointed. Post No. 7 shall be for a one-year term, beginning in January of each year, and shall be appointed by the Authority. Such member may not succeed himself. Section 7. Election of Officers, Quorum, Bylaws, Procedures and Meetings . After the appointment of all members as hereinabove set out, the full membership of the Authority shall meet as soon as practicable and shall elect one of its members as Chairman and one as Vice-Chairman, each of whom shall continue as voting members in such positions for the succeeding year and until their successors are elected. Thereafter, a Chairman and a Vice-Chairman shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The Chairman shall preside at meetings of the Authority and the Vice-Chairman shall preside in his absence, and they shall have such other powers, duties and responsibilities as are set out elsewhere in this Act and in the bylaws of the Authority. The Authority shall also designate a Secretary to keep the minutes and records of the Authority. A majority of the members of the Authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the Authority. The Authority shall, as soon as practicable, adopt its own bylaws, rules of procedure and rules of conduct of its business. The Authority shall meet at least once a month and at such other times as it may deem necessary. Section 8. Compensation of Members . The members shall receive no compensation but shall be reimbursed from the funds of the Authority for reasonable and necessary expenses incurred in pursuing the business of the Authority. Section 9. Vacancies in Authority . Should an appointed member vacate his office either by resignation, death, change of residence, removal as provided in section 10, or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another member as a member of the Authority to complete the term of the vacation of member. Until such time as a new member succeeds the removed member pursuant to the preceding sentence,

Page 2931

the total number of members of the Authority for the purposes of determining a quorum shall not include the removed member. Section 10. Removal of Members . Any member may be removed from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance or nonfeasance in office, or for violating the conflicts of interests provisions of this Act, by vote of two-thirds of the other members, but only after a public hearing at which such member is given the right to present evidence in his own behalf and only upon a finding by two-thirds of the other members that good cause for removal affecting the member's ability to perform his duties as a member exists, that he was guilty of misfeasance, malfeasance or nonfeasance in office, or that he violated the conflicts of interest provisions of this Act. Section 11. Executive Director, Treasurer and Other Administrative Officers and Employees . The Authority shall, as soon as practicable, appoint and fix the compensation of an Executive Director, under such terms and conditions as it deems appropriate. The Executive Director shall be the chief executive and operating officer of the Authority. He shall have had experience as a business executive, preferably in connection with the field of aviation. Under the supervision of the Authority, he shall be responsible for the operation, management and promotion of all activities with which the Authority is charged under this Act, together with such other duties as may be prescribed by the Authority, and he shall have such powers as are necessarily incident to the performance of his duties and such others as may be granted by the Authority. Additionally, the Authority shall in a like manner appoint and fix the compensation of a Treasurer who shall have custody of all monies, funds, notes, bonds, and other securities as the Authority may prescribe. The Authority may also authorize and employ such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Act. Section 12. Conflicts of Interest . No member of the

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Authority or officer or employee thereof shall have a financial interest, direct or indirect, in any contract with the Authority, or be financially interested, directly or indirectly, in the sale to the Authority of any lands, material, supplies or services, except on behalf of the Authority as a member, officer or employee thereof. Any violation of this provision by a member of this Authority shall be grounds for removal pursuant to section 10 of this Act. Any violation of this provision by the executive director, any officer or employee of the Authority shall be grounds for removal by the Authority. Section 13. Powers of the Authority . The Authority shall possess, subject to the conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act: (a) To adopt a seal to be used for the authentication of legal documents, obligations, contracts and other instruments, and to alter same at its pleasure. (b) To acquire by purchase, lease, gift or otherwise, and to hold, lease, sell, use and dispose of real and personal property of every kind and character or any interest therein. (c) To request the county to exercise the power of eminent domain to acquire any private real property or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power. The Authority shall pay for any property condemned under this power from its own funds and in proceedings to condemn pursuant to this section, the court having jurisdiction of the suit, action, or proceeding may enter such orders regarding the payment for such property or interest therein as may be fair and just to the county, the Authority and to the owners of the property being condemned. Any such procedure may

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

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

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

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

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(v) Notwithstanding any other provision of this Act to the contrary, the Authority shall not: (1) sell aviation or jet fuel or oil, or allow aviation or jet fuel to be sold, supplied or stored by any lessee or tenant of the Authority at a fee, rate or other charge which is less than the fee, rate or other charge charged by the Authority in the most recent existing lease between the Authority and any fixed-base operator located at DeKalb Peachtree Airport; (2) own or maintain aircraft or perform maintenance on aircraft owned by others; (3) engage in flight instruction, flight charter, or other aircraft for hire business; (4) perform maintenance on radios, propellers or other aircraft accessories; or (5) lease tie-down or T-hangar space for individual aircraft, except to businesses engaged as fixed-base operators, provided, however, that this particular restriction shall not apply to those certain tie-down and T-hangar areas being leased by DeKalb County to entities other than fixed-base operators as of March 3, 1976. Section 14. Execution of Contracts, Leases and Other Legal Instruments . Any and all contracts, leases, obligations, agreements and other legal instruments of the Authority shall be approved by resolution of the Authority, and shall be executed by those individuals designated in such resolution, and in the absence of such designation by the Chairman or Vice-Chairman. Nothing in this provision shall prohibit general resolutions authorizing the Executive Director or other officers, agents or employees to execute such contracts, leases or other legal documents as the Authority may prescribe. Section 15. Revenue Bonds, Revenue Bond Law of 1937 Applicable . The Authority shall have the power and is hereby authorized, at one time or from time to time as it deems

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necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. The Authority is hereby determined to be a municipality within the meaning of that law and is authorized to utilize any and all procedures set out herein, and to exercise any and all powers of a municipality thereunder. The members of the Authority shall constitute the governing body as that term is used therein. Nothing in this section shall be construed so as to limit the power of the Authority to issue any bonds other than under the Revenue Bond Law, which it may legally issue pursuant to section 13 (m) of this Act. Section 16. Validation of Revenue Bonds, Location of Authority . For purposes of validation of bonds under the Revenue Bond Law, the Authority shall be considered to be located in DeKalb County. Section 17. Replacement of Lost or Mutilated Bonds . The Authority may provide for the replacement of any bonds issued by it which shall be mutilated or destroyed. Section 18. Bonds; Trust Indenture as Security . In the discretion of the Authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property; the construction of airports; the maintenance, operation, repair and insurance of property; and the custody, safeguarding and application of all monies of the Authority. Such resolution or trust indenture may also provide that any project shall be constructed

Page 2939

and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contracts and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such security as may be required by the Authority. Such resolution or trust indenture may set forth rights and remedies of the bondholders and of the trustees, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in connection with any such trust indenture may be treated as operating expenses of the Authority. Section 19. Revenue Bonds; Additional Powers as to Security . In addition to other powers granted in this Act as to the issuance of revenue bonds and security for such bond, the Authority shall have the power to enter into any financial and contractual arrangements with users of its airports, including commercial air carriers, which it deems appropriate in order to provide security to bondholders, and for such purposes it may also enter into joint agreements, arrangements or trust indentures with such users and a trustee or trustees under any trust indenture authorized under section 18 of this Act in order that funds may be procured to accomplish the purposes of this Act at the least possible cost to the Authority. Section 20. Revenue Bonds; Interest of Bondholders Protected . While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of the Authority or of its officers, employees or agents shall not be diminished, or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds,

Page 2940

and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to adversely affect the interest and rights of the holders of such bonds. Section 21. Revenue Bonds; Exemption from Taxation . All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the said bonds and the income therefrom shall be exempt from all taxation within the State. Section 22. Bonds as Legal Investments for Trustees and as Lawful Deposits of Securities with Public Officers . Any bonds issued by the Authority under the provisions of this Act are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whomsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 23. Property of Authority Deemed to be Public Property . It is hereby declared that all property of the Authority, held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature and any income or revenue therefrom, is held for an essential public and governmental purpose, and all such property is deemed to be public property. Section 24. Transfer of Airports and Related Facilities from Municipalities and Counties to Authority; Public Necessity .

Page 2941

The Authority shall by resolution, at such times as it shall deem appropriate, determine what public airports within its territorial jurisdiction as set out in section 1 of this Act are necessary to accomplish the purposes of this Act, and shall inform the county owning such airport of such determinations and the proper officials or officers of the municipality or the county shall convey by deed all of their interest in real property and any other property making up such airports to the Authority for a nominal consideration within such time as the Authority may prescribe, subject to the provisions of section 26 of this Act. It is hereby declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety and convenience. Section 25. Transfer of Contracts to Authority . Upon conveyance of airports to the Authority pursuant to section 24 of this Act, all contracts, commitments, leases and other obligations of the municipality or the counties in respect to such airport shall be transferred to the Authority and the Authority shall stand in the place of the municipality or the counties for the purposes of such contracts, commitments, leases or other obligations, subject to the provisions of section 26 of this Act. Section 26. Conveyances and Transfers Pursuant to sections 24 and 25 to be Accomplished so as to Protect Interests of Bondholders and Other Affected Thereby . The conveyance of airports and related facilities by the counties to the Authority pursuant to section 24 of this Act, and the transfer contracts, commitments, leases and any other obligations to the Authority from any municipality or the county pursuant to section 25 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interest of bondholders of any municipality or the county affected by such conveyances and transfers and other parties affected thereby. Transfers may be conditioned so as to protect such interests and the Authority, and the county may enter into any agreements with each other or other parties necessary to protect such interests; provided,

Page 2942

however, that nothing in this section shall authorize the county to delay conveyances pursuant to section 24. Section 27. Airports Subject to Control of Authority . All airports acquired by the Authority pursuant to this Act, or acquired by the Authority in any legal manner, and any other property held by the Authority, shall be under the control of the Authority, and the Authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto. Section 28. Powers of Authority Limited to Airports . All of the powers, general and specific, granted to the Authority pursuant to this Act shall be exercised only in regard to airports. The Authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and its related facilities, provided, however, that nothing in this section shall be construed to prohibit the Authority from cooperating with other federal, State, county or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under its control, or purchasing, selling, exchanging or otherwise acquiring any property from or with same. Section 29. Funds of Authority to be Used Only for Airports . The funds of the Authority, from whatever source derived, shall be used only in support of airports as defined in section 4(a) of this Act, but nothing in this section shall prohibit the Authority from making any and all expenditures of any kind or nature necessary to support airports. Section 30. Publication of Financial Report and Budget . The Authority shall, at least annually, publish, in the legal newspaper of DeKalb County, a statement of sources and expenditures of funds for the previous year and the proposed budget for the following year. Section 31 . The Board of Commissioners of DeKalb County shall continue to provide fire and emergency medical protection to the Authority at DeKalb-Peachtree Airport, provided, however, that the Authority shall provide housing for such facility. County services.

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Section 32. Maintenance of Roads, Taxiways and Runways . The county shall continue to maintain the roads, taxiways and runways of the Authority at no cost to the Authority. Same shall be maintained according to minimum standards as set forth by the Federal Aviation Administration and the State of Georgia. Section 33. Funds Due from the Federal Aviation Administration . All funds currently due from the Federal Aviation Administration to the county, shall be, and hereby are, assigned to the Authority as initial operating and construction capital. Section 34. Immunity from Liability . The Authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia; and the members, officers, agents and employees of the Authority who in performance of the work of the Authority shall have the same immunity and exemption from liability from torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Section 35. Taxation of the Authority . The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of DeKalb County. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. Section 36. Rights of Personnel . All rights, credits and funds in any retirement system of the county which are possessed by any personnel of the Authority at the time of employment by the Authority are hereby continued and it is the intent of this Act that any such employees and personnel shall not lose rights, credits or funds to which they were entitled prior to being employed by the Authority. Section 37 . In the event of dissolution of the Authority, all property, real and personal, tangible and intangible, shall

Page 2944

revert to, and be the property of, the county, subject, however, to all rights and encumbrances thereon; further, the county, by acceptance thereof, shall fulfill all obligations of the Authority. Dissolution. Section 38 . The Authority shall rent or lease to the county upon demand, but within 90 days after the approval of this Act, sufficient area for a refuse transfer station on the site where the pulverizer is now located; provided, however, the county shall pay reasonable rent therefor. Refuse transfer station. Section 39. Principal Office of Authority; Service of Process . The principal office of the Authority shall be in DeKalb County. Service of process on the Authority may be had upon the Executive Director or other officers of the Authority as in the case of private corporations incorporated or domesticated under the laws of this State. Section 40. Severability; Should Any Portion of Act be Held Invalid . The terms and provisions of this Act are severable. Should any section, subdivision, sentence, clause or phrase of this Act, or the application thereof to any person or circumstances for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Act, or the application of such provision to other persons or circumstances, shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion. Section 41. Cumulative with Nonconflicting Existing Laws . This Act shall not be construed so as to repeal any laws or parts of laws not directly in conflict with this Act, and the provisions of this Act shall be cumulative with existing laws on the same subject or existing laws which authorize the doing of any of the things authorized by this Act unless they are in direct conflict with this Act. Section 42. General Repealer . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intent to Introduce Local Legislation. Notice is hereby given that I will introduce a bill in the 1976 session of the General Assembly to create and establish the DeKalb County Airport Authority in DeKalb County, Georgia; to provide for appointment of members of the Authority and to confer powers and impose duties thereon; and for other purposes. Lawrence (Bud) Stumbaugh 55th District Georgia, County of DeKalb. 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, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 5, 12, 19 day of Feb., 1976. Gerald W. Crane, Publisher. Sworn to and subscribed before me, this 19th day of Feb., 1976. /s/ Betty M. Branch. Notary Public. My Commission Expires Oct. 18th, 1977. (Seal). Approved March 16, 1976. WILKES COUNTYJURISDICTION OF SMALL CLAIMS COURT CHANGED, ETC. No. 943 (Senate Bill No. 660). An Act to amend an Act creating a small claims court in and for Wilkes County, approved April 30, 1969 (Ga. L. 1969,

Page 2946

p. 4003), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 2954), so as to change the jurisdiction of said court; to change the fees and costs in said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a small claims court in and for Wilkes County, approved April 30, 1969 (Ga. L. 1969, p. 4003), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 2954), 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 in and for Wilkes County a Small Claims Court which shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $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 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. Jurisdiction.

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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 county wide. Section 2 . Said Act is further amended by striking from subsection (d) of section 6 the following: $5.00, and inserting in lieu thereof the following: $7.50, so that when so amended subsection (d) of section 6 shall read as follows: (d) When served as provided, the actual cost of service shall be taxable as costs not to exceed $7.50. 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. Costs. Section 3 . Said Act is further amended by striking from subsection (a) of section 8 the following: $10.00, and inserting in lieu thereof the following: $15.00, so that when so amended subsection (a) of section 8 shall read as follows: (a) The plaintiff, when he files his claim, shall deposit with the court the sum of fifteen dollars ($15.00), 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 $15.00. 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

Page 2948

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. Section 4 . Said Act is further amended by striking from subsection (b) of section 8 the following: $10.00, and inserting in lieu thereof the following: $20.00, so that when so amended subsection (b) of section 8 shall read as follows: (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 $20.00 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. Claim cases. 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 1976 session of the General Assembly of Georgia, a

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bill to amend an Act creating a Small Claims Court for Wilkes County, approved April 30, 1969 (Ga. L. 1969, p. 4003), as amended, so as to increase the jurisdiction of the court; to increase the amount of certain filing fees and bailiff's fees; and for other purposes. This 12th day of January, 1976. Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following dates: January 15, 22, 29, 1976. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 18, 1976. GLYNN COUNTY BOARD OF COMMISSIONERSELECTION OF MEMBERS, ETC. No. 944 (Senate Bill No. 688). An Act to amend an Act creating a Board of Commissioners of Glynn County, Georgia, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act

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approved February 17, 1950 (Ga. L. 1950, p. 2882), an Act approved February 27, 1956 (Ga. L. 1956, p. 2710), an Act approved March 17, 1960 (Ga. L. 1960, p. 2986), an Act approved March 4, 1966 (Ga. L. 1966, p. 3216), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2780), so as to change the number, composition and method of election of members of the board of commissioners; to provide for the election and terms of members of the board of commissioners; to provide for the preservation of the terms of current members of the board of commissioners; to provide for 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 a Board of Commissioners of Glynn County, Georgia, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved February 17, 1950 (Ga. L. 1950, p. 2882), an Act approved February 27, 1956 (Ga. L. 1956, p. 2710), an Act approved March 17, 1960 (Ga. L. 1960, p. 2986), an Act approved March 4, 1966 (Ga. L. 1966, p. 3216), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2780), 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 the Board of Commissioners of Glynn County to be composed of seven members to be elected as hereinafter provided. For the purpose of electing members of the board of commissioners, Glynn County shall be divided into five commissioner districts as follows: Districts. District 1 Glynn Dock Junction CCD 10 ED's 22, 23 and 24 Everett CCD 15 ED's 9, 10, 11 and 12 Thalmann CCD 25 ED's 13 and 14

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ED 15B, except that portion which is located on Jekyll Island District 2 Glynn St. Simons CCD 20 Thalmann CCD 25 ED 15A ED 15B, that portion located on Jekyll Island District 3 Glynn Dock Junction CCD 10 ED's 16, 17, 18, 19, 21A 21B and 21C District 4 Glynn Brunswick CCD 5 ED's 25, 26, 27, 28, 38, 40, 42, 43, and 9900 Dock Junction CCD 10 ED 20 District 5 Glynn Brunswick CCD 5 ED's 29, 30, 31, 32, 33, 34, 35, 36, 37, 39 and 41 For the purposes of this section, the designation `CCD' shall mean `Census County Division'; and the designation `ED' shall mean `Enumeration District'. The terms `Census County Division' and `Enumeration District' shall have the same meaning and describing 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. In addition there shall be two at-large positions on the board of commissioners which shall be designated at-large post 1 and at-large post 2. (b) There shall be elected to the Board of Commissioners

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of Glynn County one member from each of the commissioner districts who shall be elected by the qualified voters of the commissioner district which he represents. There shall be elected to the Board of Commissioners of Glynn County two at-large members who shall be elected by the qualified voters of the entire county. Candidates for election at-large shall designate the post for which they are candidates; all other candidates shall offer for election to the board from the commissioner district in which their legal residence lies. (c) The members of the Board of Commissioners of Glynn County who are in office on December 31, 1976, and whose terms expire on December 31, 1978, shall serve out the remainder of their terms. In order to preserve said terms, the members of the board who are in office on December 31, 1976, and who are residents of commissioner districts 3 and 4 are hereby designated the members from commissioner districts 3 and 4 respectively. The at-large member of the board who is in office on December 31, 1976, is hereby designated the member from at-large post 1. At the 1976 general election, members of the board from commissioner districts 1, 2 and 5 and at-large post 2 shall be elected. The members elected at said election from commissioner districts 1, 2 and 5 and the at-large members elected to at-large post 2 shall serve four-year terms and until their successors are elected and qualified. Thereafter, members who are elected to succeed members of the Board of Commissioners of Glynn County shall be elected at the general election which is conducted in that year in which the members' respective terms of office expire, shall take office on the first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified. Section 2 . Said Act is further amended by striking section 3 of said Act in its entirety and substituting in lieu thereof a new section 3, to read as follows: Section 3. Any vacancy in said board shall be filled for the unexpired term by a member appointed by the remaining members of the board. The person appointed to fill such vacancy must be a resident of the commissioner district

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corresponding to that of the member whose unexpired term he is appointed to fill unless the vacancy is in an at-large post. Should any member of the board who is elected from a commissioner district change his residence from the commissioner district from which he was elected, a vacancy shall be created thereby, and such vacancy shall be filled as provided in this Section. Vacancies. Section 3 . Sections 1 and 2 of this Act shall become effective on January 1, 1977, except that the provisions of section 1 necessary for the election of the members of the Board of Commissioners of Glynn County at the 1976 general election shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1136), so as to change the composition and method of election of members of the Board of Commissioners; to provide for the election and terms of members of the Board of Commissioners; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 17 day of Jan. 1976. /s/ Eston A. Harden Representative, 154th District /s/ Gene Leggett Representative, 153rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority

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duly authorized to administer oaths, Mell Traylor who, on oath, deposes and says that he is Senator from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: January 20, 27 and February 3, 1976. /s/ Mell Traylor Senator, 3rd District Sworn to and subscribed before me this 20th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 18, 1976. CITY OF WAYNESBORONEW CHARTERREFERENDUM. No. 945 (Senate Bill No. 699). An Act to provide a new charter for the City of Waynesboro and to repeal existing charters; to define the limits of the City of Waynesboro; to provide definitions; to provide corporate powers; to provide for ordinances; to provide for electors and elections; to provide for a mayor, vice mayor, city council and city clerk; to provide for the powers and duties of the offices of city government; to provide for licensing powers; to provide for compensation of city officers and employees; to provide for rules and regulations; to provide for the organization of the city government into departments; to provide for the organization, power, duties, and personnel of the departments of city government; to provide for a recorder's court and its powers, duties and jurisdiction; to provide for a recorder;

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to provide for bonds; to provide for a budget; to provide for purchases and sales of city property; to provide for the power to tax; to provide for the assessment, levy and collection of taxes; to provide for all matters relative thereof; 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: ARTICLE I . CREATION, INCORPORATION, POWERS . Section 1.10. Incorporation . This Act shall constitute the whole charter of the City of Waynesboro, Georgia, repealing and replacing the charter as provided by an Act approved September 25, 1883 (Ga. L. 1882-83, p. 450), as amended, and an Act approved April 10, 1971 (Ga. L. 1971, p. 3328). The City of Waynesboro, Georgia, in the County of Burke, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Waynesboro, 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 action whatsoever; 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; 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 Waynesboro 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. Section 1.12. Powers Defined . (a) The government of

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Waynesboro shall have all rights, powers, privileges and authority herein conferred or herein enlarged, and such other powers as may be necessary or desirable, including all rights, powers, privileges and authority, whether expressed or implied, that may now or hereafter be granted to municipal corporations by the Constitution of Georgia and laws of this State. (b) The rights, powers, privileges and authority heretofore enjoyed, herein retained or herein claimed shall subsist, notwithstanding the repeal of any law, until any such right, power, privilege or authority be altered or taken away by amendment to this charter. (c) The city, in addition to the rights, powers, privileges and authority expressly conferred upon it by this charter, shall have the right, power, privilege and authority to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, 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 Waynesboro, 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;

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(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 license fees 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 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

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pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty (20) years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; (11) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreation 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 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 land; 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;

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(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 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 time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating

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to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials, and to provide for the sale of such items; (25) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax or fee, for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (26) To levy a fee, charge or sewer tax, as necessary, to assure the acquiring, constructing, equipping, operating, maintaining and extending of sewage disposal plant and sewerage systems, 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 to be detrimental, to the health, sanitation, cleanliness, welfare

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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 provided

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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 adopted prusuant to the authority of this charter and laws of the State of Georgia;

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(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. Section 1.16. Definitions . As used in this Act, the following words and terms shall have the following meanings; (a) City shall mean the City of Waynesboro, Georgia. (b) Councilman shall mean a person elected to the city council as provided by this Act.

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(c) Member of the council shall mean the mayor and each councilman. (d) Nonpartisan shall mean without any designation of candidates and members or candidates of any state, national party or organization. (e) At large shall mean the entire city as distinguished from representation by wards or other districts. (f) Public way shall mean any land used by the public as a 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 right-of-way of such public ways. (g) Code shall mean any publication or compilation of rules, regulations, specifications, standards, limitations or requirements by an agency of the federal or State government or by a municipality, by a trade association or other organization generally recognized as an authority in its field of activity. (h) Agency shall mean any office, court, utility, board, commission, institution or other organization in charge of administering any public function or municipal affair of the city. (i) Officer shall mean and include the mayor, councilmen, members of boards and commissions and any other person 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. (j) Elector mean a person residing within the city who is qualified to vote therein. (k) The masculine shall include the feminine, and the singular shall include the plural and vice versa. (l) The word shall is mandatory; may is permissive. (m) Resolution shall mean any oral motions or actions voted on by council and thereafter reduced to writing.

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ARTICLE II . LEGISLATIVE BRANCH . Chapter 1. Governing Body . Section 2.10. Creation; Number; Election . The legislative authority of the government of the City of Waynesboro, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six (6) 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 (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of one (1) year immediately prior to the date of the election of mayor or 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 Waynesboro, 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 and 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. (c) Filling of VacanciesA vacancy in the office of

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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 powers of government of the City of Waynesboro 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 Waynesboro and may enforce such ordinances by imposing penalties for violation thereof.

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(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 2.20. Organization . (a) At the first regular meeting in each 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, at the first regular meeting of each year shall elect one of their number to be mayor pro tem, who shall serve for a term of one (1) year and until his successor is elected and qualified. (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. (e) The council may appoint a city accountant to perform the duties of an accountant.

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(f) The council may appoint a city administrator to perform the duties of a city administrator and prescribe those duties. (g) The council may create any position it deems necessary to effectively carry out the operation of the city and fill that position with qualified personnel. (h) 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 and attendance at the meeting may be waived in writing before or after such a 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. (i) All meetings of the council shall be public, except where otherwise provided by law. Section 2.21. 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 2.22. 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. Section 2.23. 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

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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. 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 2.24. 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 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 2.26. (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 2.25. Submission of Ordinances and Resolutions to the Mayor . (a) Every ordinance or resolution adopted by the council shall be presented within 72 hours by the clerk to the mayor. (b) The mayor, within five (5) calendar days of receipt of an ordinance or resolution shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance or resolution 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 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

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

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ARTICLE III . EXECUTIVE BRANCH . Chapter 1. Mayor . Section 3.10. Chief Executive Officer . The mayor shall be the chief executive of the City of Waynesboro. 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; Qualification; 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 City of Waynesboro; 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 Waynesboro for a period of one (1) year immediately preceding his election. He shall continue to reside in the City of Waynesboro 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 (3) affirmative votes of the councilmen present. Section 3.12. Powers and Duties . (a) As the chief executive of the City of Waynesboro, the mayor shall be responsible to: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint, remove or suspend all employees of the city except as otherwise provided in this charter;

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(3) Appoint and remove all department heads and officers of the city with the unanimous approval of the committee which has departmental jurisdiction; however, if there is not unanimous approval by the appropriate committee of the mayor's appointment or removal of an officer or department head, then and in that event, the said appointment or removal of any such officer or department head must receive a majority vote of the council before said appointment or removal is approved and effective; (4) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (5) Prepare and submit to the council a recommended operating budget and recommended capital budget; (6) 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; (7) 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; (8) Call special meetings of the council as provided for in section 2.20; (9) Approve or disapprove ordinances and resolutions as provided in section 2.25; (10) Examine and audit all accounts of the city before payment; (11) Require any department, agency or officer of the city to submit written reports on the duties thereof whenever he deems it expedient; (12) Appoint and be an ex officio member of all standing committees and special committees of the city council;

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(13) Preside at all meetings of the city council; (14) See that all meetings are conducted in a parliamentary manner, and shall preserve order and decorum in such meetings; (15) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected; (16) 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; (17) See that order is maintained in the city and that its property and effects are preserved; (18) 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 provision 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 absence 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

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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 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 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 as prescribed by the mayor and council of the City of Waynesboro. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by the city council.

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Section 3.21. Boards, Commissions and Authorities . (a) All members of boards, commissions and authorities of the city shall be appointed by the council in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law. (b) No member of any board, commission or authority of the city shall hold any elective office in the city. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any [Illegible Text] 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 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

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may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of council. Section 3.22. City Attorney . The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the judge in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.23. Consolidation of Functions . The council may consolidate any two or more of the positions of clerk of council, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Chapter 3. Personnel Administration . Section 3.30. Personnel Policies . The council shall adopt rules and regulations consistent with the charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Waynesboro. ARTICLE IV . RECORDER'S COURT . Section 4.10. Continuation . The Recorder's Court of the City of Waynesboro 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

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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 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 at the council's pleasure. 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 the 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.

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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 Waynesboro 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 ninety (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 ninety (90) days. Persons sentenced to imprisonment may be taken to a confinement or correctional facility of either the City of Waynesboro or Burke 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 State courts or 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 appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the recorder declared forfeited to the City of Waynesboro, or property so deposited shall have a lien against it for the value forfeited,

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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 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 Waynesboro 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 of appeal to the State Court of Burke County or the Superior Court of Burke County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for 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 of the Court . With the approval of the council the recorder shall have full power and authority to make reasonable rules and regulations necessary 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 operations of the superior court under the general laws of the State of Georgia. The rules and regulations

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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 peace to issue warrants for the violation of criminal laws of the State committed in the City of Waynesboro, 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 the election of all elected officials of the City of Waynesboro 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, nominations 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 Waynesboro. The candidate for mayor receiving a majority of the votes cast shall be deemed elected mayor and the candidates for councilmen receiving a majority of the votes cast shall be deemed elected councilmen. In instances where no candidate receives a majority of the votes cast, a runoff election shall be held, between the two candidates receiving the highest number of votes. Such runoff shall be held on the 14th day after the day of holding

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the first election, unless such runoff date is postponed by court order. Only the electors entitled to vote in the first election shall be entitled to vote in any runoff election resulting therefrom. The candidate receiving a majority of the votes cast in such runoff election to fill the public office he seeks shall be declared the winner. Section 5.12. Qualifications and Election of Mayor and Councilmen . There is hereby created the office of Mayor of the City of Waynesboro. There are hereby created six (6) council posts of the City of Waynesboro, which shall be known as council posts 1, 2, 3, 4, 5 and 6. Each and every council post shall be for the city at large. The mayor and councilmen presently elected and serving in office on the effective date of this Act shall hold office until the expiration of the terms of office for which they were elected, and until their successors are elected and qualified. The mayor and council members shall be elected by the qualified electors of the City of Waynesboro. On the first Tuesday in December, 1976, a nonpartisan election shall be conducted by the city election managers at the same hours and places for general elections to elect councilmen to posts 4, 5 and 6. The councilmen elected at that time shall take office at the expiration of the term of the councilmen then in office. The three candidates for councilmen elected at that time to posts 4, 5 and 6 shall take office in January, 1977, and shall fill the vacancies caused by the expiration of the terms of office of the councilmen elected from posts 4, 5 and 6, respectively. On the first Tuesday in December, 1977, there shall be held, in the same manner as the election held on the first Tuesday in December, 1976, an election to elect a mayor and to elect councilmen for posts 1, 2 and 3. The mayor elected at that time shall take office at the expiration of the term of the office of the mayor then in office, and the candidates elected at that time to posts 1, 2 and 3 shall take office in January, 1978, and shall fill the vacancies caused by the expiration of the terms of office of the councilmen elected from posts 1, 2 and 3, respectively. Thereafter, the successors to posts 1, 2 and 3 and mayor shall be elected on the first Tuesday in December of odd-numbered years to take office on January first of the following year at the expiration of the then current terms of

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office of mayor and posts 1, 2 and 3. The successors to posts 4, 5 and 6 shall be elected on the first Tuesday in December of even-numbered years to take office on January first of the following year at the expiration of the then current terms of office of posts 4, 5 and 6. The mayor and all councilmen shall be elected for terms of two years each. No informalities shall invalidate any such election so long as it has been conducted fairly and in substantial conformity with the requirements of this Act and the general laws of the State of Georgia. The terms of office of mayor and councilmen shall begin at 12:01 o'clock a.m. on the first day of January following their election, and they shall serve until their successors have been elected and qualified. Section 5.13. Vacancies . In the event that the office of mayor shall become vacant for any cause whatsoever, the 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 measures, 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 residence 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 Waynesboro election unless he shall be a registered voter, qualified as

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required by law to vote in municipal elections in the City of Waynesboro. 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 Waynesboro. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax Levy . The council shall be authorized to levy an ad valorem tax on all taxable real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council in its discretion. The council is also authorized to provide for the sufficient levy to pay principal and interest on the general obligations. The City of Waynesboro 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

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same procedure provided by laws governing execution of such proess 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 Waynesboro, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of licensing and taxation in any way which may be lawful; to require such persons to purchase license; 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 Waynesboro 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

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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 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 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 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

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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. Chapter 2. Indebtedness . Section 6.20. General Obligation Bonds . The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue Bonds . Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. 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. 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 for financial accounting and reporting of each office, department or institution, agency

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and activity of the city government, unless otherwise provided by State or federal law. Section 6.31. Submission of Operating Budget to City Council . On or before a date fixed by the council but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for and all supporting documents shall be filed in the office of the clerk of council and shall be open to public inspection. Section 6.32. Action by Council on Budget . (a) The council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and 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 Waynesboro. The tax rate set by such ordinances 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 Waynesboro. Section 6.34. Additional Appropriations . The council may make appropriations in addition to those contained in

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the current operation budget, at any regular or special meeting called for such purpose, but any 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 Waynesboro. (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 Waynesboro 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, parks, and sidewalks of the City of Waynesboro. 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

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fees for services rendered in any of said systems; to finance any of said systems through appropriate bond issued 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 Waynesboro. 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 the corporate limits of the City. 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 of 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 of Burke County, Georgia, 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

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profit of whatever nature, engaged in or carried on within the limits of the City of Waynesboro, regardless of whether or not the subject has an office or establishment within said city. The council shall be authorized to fix the amount, terms and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the operation of the City Government through the imposition of a tax or fee on the privilege of operating within the City. This authority extends over individuals, partnerships, associations, corporations and their agents and any other legal entity capable of transacting business. Section 7.15. Franchises . The council shall have authority to exercise control over the use of streets of the City of Waynesboro. 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

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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. ARTICLE VIII. MISCELLANEOUS . Section 8.10. Official Bonds . The officers and employees of the City of Waynesboro, 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 Waynesboro 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 Waynesboro 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 Waynesboro 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

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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 ninety (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 parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that all Articles, sections, subsections, paragraphs, sentences or parts thereof be enacted separately and independently of one another. ARTICLE IX . REFERENDUM, EFFECTIVE DATE , STANDARD REPEALER . Section 9.01. Referendum . 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 mayor and council of the City of Waynesboro to issue the call for an election for the purpose of submitting this Act to the voters of said city for approval or rejection. The mayor and council shall set the date of such election for a day not more than 45 days after the date of the issuance of the call. The mayor and council shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Burke County. The ballot shall have written or printed thereon the following words: () YES () NO Shall the Act providing a new charter for the City of Waynesboro be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast

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on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Waynesboro. It shall be the duty of the mayor and council to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the mayor and council to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State. Section 9.02. Effective Date . This charter shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9.03. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular General Assembly of Georgia, a bill to create a new charter for the City of Waynesboro, Georgia, to repeal an act approved April 10, 1971 (Ga. L. 1971, p. 3328) in the town of Waynesboro and all mandatory Acts thereto; to repeal conflicting laws and for other purposes. This the 21st. day of January, 1976. Emory Bargeron Representative 83rd District Jerry M. Daniel City Attorney City of Waynesboro Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis, Jr. who, on oath, deposes and says that he is Senator from the

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21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following dates: January 21, 28 and February 4, 1976. Preston B. Lewis, Jr. Senator, 21st District. Sworn to and subscribed before me, this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires December 18, 1976. (Seal). Approved March 18, 1976. CITY OF GRANTVILLECHARTER AMENDEDRECORDER'S COURT CREATED, ETC. No. 953 (House Bill No. 1652). An Act to amend an Act creating a new charter for the City of Grantville in the County of Coweta, approved August 1, 1912 (Ga. L. 1912, p. 925), as amended by an Act approved February 18, 1959 (Ga. L. 1959, p. 2041), an Act approved March 27, 1972 (Ga. L. 1972, p. 2957), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3465), so as to create a recorder's court; to provide for the appointment of a recorder; to provide for the term of office, qualifications and compensation of the recorder; to abolish the mayor's court; to change the maximum punishments; to abolish chain gangs; to create work gangs; 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 Grantville in the County of Coweta, approved August 1,

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1912 (Ga. L. 1912, p. 925), as amended by an Act approved February 18, 1959 (Ga. L. 1959, p. 2041), an Act approved March 27, 1972 (Ga. L. 1972, p. 2957), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3465), is hereby amended by striking section 15 in its entirety and substituting in lieu thereof a new section 15, to read as follows: Section 15. There shall be a recorder's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held in the council chamber of said city as often as necessary. The Mayor and City Council shall appoint a recorder to preside over the recorder's court who shall serve at the pleasure of the Mayor and City Council. The Mayor and City Council shall set the qualifications and compensation of the recorder. The recorder's court shall have the power to preserve order and compel attendance of witnesses, and to punish for contempt by imprisonment not exceeding ten days or fine not exceeding ten dollars, one or both. The recorder shall have full power and authority upon conviction to sentence any offender to labor upon the streets or other public works in said town for a period not exceeding 5 months, or to impose a fine, not exceeding $500.00 or sentence said offender to be confined and imprisoned in the guard house or other place of confinement as may be designated by the Mayor and City Council for a period not exceeding 5 months; either one or more of said penalties may be imposed in the discretion of the recorder. Creation. Section 2 . Said Act is further amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16, to read as follows: Section 16. Whenever a person is arrested under the provisions of authority contained in this Act, or under the ordinances passed by authority of the same, it shall be lawful for him or her to enter a good and sufficient bond, to be approved by the arresting officer conditioned for the appearance of such person to answer such charge when the same shall be heard, and shall be payable to the recorder's court, which bond shall be forfeited on the nonappearance of the defendant, in the same manner in the recorder's court as penal bonds are forfeited in the county or superior courts

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of this State, and the recorder is hereby empowered to issue scire facias returnable before him in not less than seven days, nor more than thirty days; when any defendant shall fail to appear in terms of his bond upon the return thereof, judgment against the defendant and his security shall be entered as in State courts, and the sales of all property levied on shall be conducted, advertised and made as sales of property under other executions issued by said city, and such judgment and execution shall be a lien on all property of principal and securities equal in dignity to the judgment and execution of the several courts of this State of the same date and superior in dignity to all judgments in this State rendered after the date of such judgment of forfeiture. Bond. 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. The Mayor and City Council of Grantville shall have power and authority to organize one or more work gangs, and to confine therein persons who have been sentenced by the recorder's court to work upon the streets, and they shall have power to make all rules and regulations that may be suitable, usual or necessary for the government or control of such work gangs, and to enforce the same through its proper officers. 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: Section 18. It shall be the duty of the clerk to collect and keep, subject to the discretion of the city council, all money due and belonging to the city, except as hereinafter provided; to be custodian of the books and records of the city; to preserve a minute of all the acts and doing of each meeting of the city council; to be ex officio clerk of the recorder's court of said city and to perform all such other duties as are required of him by this Act, and which may be required of him from time to time by the ordinances, rules, and regulations of the city council. Before entering upon the discharge of the duties of his office, he shall take before

Page 2997

the officers authorized to administer oaths in this State an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as shall be required of him by the city council, with good and sufficient security, to be approved by the mayor. He shall keep a separate and correct account of all the separate and distinct funds received and disbursed, so at all times to show the true condition of such funds. He shall also make general and special reports in the manner, and at the time when called upon by the city council to do so. Clerk. 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 1976 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Grantville in the county of Coweta, approved August 1, 1912 (Ga. L. 1912, p. 925), as amended by an Act approved February 18, 1959 (Ga. L. 1959, p. 2041), an Act approved March 27, 1972 (Ga. L. 1972, p. 2957), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3465), so as to create a recorder's court; to provide for the appointment of a recorder; to provide for the term of office, qualifications and compensation of the recorder; to abolish the mayor's court; to change the maximum punishments; to abolish chain gangs; to create work gangs; to repeal conflicting laws; and for other purposes. This 15th day of January, 1976. J. Crawford Ware, Representative, District 68 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

Page 2998

from the 68th 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 15, 22, 29, 1976. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 18, 1976. CHEROKEE COUNTYPERSONNEL OF SUPERIOR COURT CLERK, ETC.SALARY CHANGES. No. 956 (House Bill No. 1913). An Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on the salary system in lieu of fees, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3124), an Act approved April 2, 1963 (Ga. L. 1963, p. 2710), an Act approved March 4, 1965 (Ga. L. 1965, p. 2138), an Act approved February 28, 1966 (Ga. L. 1966, p. 2596), an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), an Act approved April 17, 1969 (Ga. L. 1969, p. 2821), an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), an Act approved March 30, 1971 (Ga. L. 1971, p. 2352), an Act approved March 31, 1971 (Ga. L. 1971, p. 2791), an Act approved March 29, 1973 (Ga. L. 1973, p. 2381), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3642), so as to increase the salaries of employees of

Page 2999

such officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on the salary system in lieu of fees, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3124), an Act approved April 2, 1963 (Ga. L. 1963, p. 2710), an Act approved March 4, 1965 (Ga. L. 1965, p. 2138), an Act approved February 28, 1966 (Ga. L. 1966, p. 2596), an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), an Act approved April 17, 1969 (Ga. L. 1969, p. 2821), an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), an Act approved March 30, 1971 (Ga. L. 1971, p. 2352), an Act approved March 31, 1971 (Ga. L. 1971, p. 2791), an Act approved March 29, 1973 (Ga. L. 1973, p. 2381), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3642), is hereby amended by adding following section 10 a new section to be designated section 11 to read as follows: Any other provision of this Act to the contrary notwithstanding, the annual compensation of each employee of the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court is hereby increased 12%. 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 1976 Session of the General Assembly of Georgia a bill to change the number of employes and their salaries in the following offices of Cherokee County; county

Page 3000

commissioner, clerk of the superior court, probate court, sheriff, tax commissioner, tax equalization, tax assessors, and tax evaluation; to repeal conflicting laws; and for other purposes. This 23 day of Jan., 1976. Roger Johnson Representative, 8th District, Post 3 Beverly Langford Senator, 51st Senatorial District 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: January 29, February 5, 12, 1976. /s/ Roger Johnson Representative, 8th District Sworn to and subscribed before me this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 18, 1976.

Page 3001

COUNTIESCERTAIN EXPENSE REIMBURSEMENT PROVIDED (35,000-44,000). No. 958 (House Bill No. 1925). An Act to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 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 . Notwithstanding any other provision of law to the contrary and in lieu of any expense allowances authorized by other statues, each member of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 according to the United States Decennial Census of 1970, or any future such census, shall be reimbursed for actual expenses incurred by him in the performance of his duties and shall be reimbursed for travel expenses incurred by him in the performance of his duties, in the amount of twelve cents per mile when traveled by private vehicle or in the amount of the actual transportation costs when traveled by common carrier. Such expenses shall be paid only under the following conditions: Reimbursement. (a) an expense account is submitted which is certified as to its accuracy by the oath of the member; and (b) the governing authority and the chairman of the governing authority approve the payment of the 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.

Page 3002

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. PROTESTANT EPISCOPAL SOCIETY OF AUGUSTA AND COUNTY OF RICHMOND ACT AMENDED. No. 959 (House Bill No. 1931). An Act to amend an Act incorporating the Protestant Episcopal Society of Augusta and County of Richmond, approved December 21, 1819 (Ga. L. 1819, p. 857); and for other purposes. Whereas, by act of the Senate and House of Representatives of the State of Georgia, in General Assembly, there was incorporated, effective the 21st day of December, 1819, a body corporate by the name and style of the Churchwardens and Vestrymen of the Episcopal Church in Augusta, called St. Paul's Church; and Whereas, Sect. 3 of said act provides that the said act may be altered by act of a future General Assembly; and Whereas, the Churchwardens and Vestrymen of the said corporation are in agreement that the said act should be amended as hereinafter provided. Now, therefore, be it enacted that Sect. 2 of said act be amended by deleting the entire text of said Sect. 2 and substituting in lieu thereof the following said amendment to be effective from and after the passing of this Act: Sect. 2. And be it further enacted, That the said churchwardens and vestrymen shall hold their offices until Easter Monday next; and on that day, and on every other Easter Monday annually thereafter, all persons, both female and male (although heretofore historically male persons), who shall have joined the congregation, as members in full communion in St. Paul's church, as aforesaid, shall convene at the church aforesaid, and there,

Page 3003

between the hours of ten and two o'clock, elect by ballot, from among the communicants of said church, two discreet persons as churchwardens, and nine other discreet persons as vestrymen for the said church, who shall be, and are hereby declared to be, vested with all powers to carry the purposes intended by this Act fully into effect. Effective date. Be it further enacted that this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. COUNTIESSUPERIOR COURT CLERK, ETC.SALARY FIXED. (35,000-44,000). No. 960 (House Bill No. 1945). An Act to fix the salaries of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the United States Decennial Census of 1970 or any future such census; to provide for the payment of such salaries out of county funds; 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 . (a) In all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the United States Decennial Census of 1970 or any future such census, the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court shall each receive annual salaries, as follows: (1) The Clerk of the Superior Court, including his services

Page 3004

as Clerk (or ex officio Clerk) of the State Court in such counties, shall receive a salary of $15,840.00 per annum. Salaries. (2) The Sheriff shall receive a salary of $18,000.00 per annum. (3) The Judge of the Probate Court shall receive a salary of $15,120.00 per annum. (b) Said salaries or compensation of each of the aforesaid officers shall be apportioned and payable monthly out of the funds of such counties for the remainder of the current year 1976 at said respective annual rates and shall be payable for all subsequent years at said respective annual rates. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. COUNTIESCORONERS SALARIES FIXED. (35,000-44,000). No. 961 (House Bill No. 1970). An Act to fix the salary of the coroner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the United States Decennial Census of 1970 or any future such census; to provide for the payment of the salary of the coroner out of the funds of such counties; 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 . (a) In all counties of this State having a

Page 3005

population of not less than 35,000 and not more than 44,000 according to the United States Decennial Census of 1970 or any future such census, the coroner shall receive a salary of $2,073.60 per annum. (b) Said salary or compensation shall be apportioned and payable monthly out of the funds of such counties for the remainder of the current year 1976 at said annual rate and shall be payable for all subsequent years at said respective annual rate, which said salary shall be in full payment of all services rendered by said officer, and said compensation shall be all inclusive and said officer shall not receive any other compensation for services performed as coroner in such counties. Salary. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. COUNTIESTAX COMMISSIONERSSALARIES FIXED. (35,000-44,000). No. 962 (House Bill No. 1971). An Act to fix the salary of the tax commissioner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the United State Decennial Census of 1970 or any future such census; to provide for the payment of such salary out of county funds; 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 . (a) In all counties of this State having a population

Page 3006

of not less than 35,000 and not more than 44,000 according to the United States Decennial Census of 1970 or any future such census, the tax commissioner shall receive a salary of $15,840.00 per annum. (b) Said salary shall be apportioned and payable for the remainder of the current year 1976 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of such counties and shall be payable, as accrued, in equal monthly installments, on the last day of each month. Salary. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1976. BUTTS COUNTY SMALL CLAIMS COURT CREATED. No. 997 (House Bill No. 1946). An Act to create and establish a small claims court for Butts County, Georgia, to be known as the Small Claims Court of Butts 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 Butts 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

Page 3007

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 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 Butts County, Georgia, to be known as the Small Claims Court of Butts 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 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 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 Butts County. Section 3 . Whenever the judge of said small claims court shall be unable from absence, sickness or other cause to discharge any duty whatever appertaining to his office, a resident of Butts County shall be selected and appointed by the judge of the small claims court to so act in his place

Page 3008

and stead with all the powers, duties, obligations and responsibility of the judge of the small claims court. Vacancy. 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. Section 5 . All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6 . (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided or its equivalent and shall affix his signature thereto. Pleading. (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

Page 3009

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 or 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 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

Page 3010

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 illegal affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding. Section 9 . (a) On the day set for the hearing or such later time as the judge may set the trial shall be had. 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

Page 3011

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 . All judgments rendered by the Small Claims Court of Butts 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 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.

Page 3012

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 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 Butts 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.

Page 3013

(c) Said judge of the small claims court shall have power to impose fines and issue executions against all defaulting 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 3014

further costs as may accrue by reasons of such appeal. This being done, the appeal shall be entered. (d) If, upon the hearing by certiorary from the small claims court, should it appear to the court or jury, as the case may be, that the appeal was frivolous 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 princiapl 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: Form. SMALL CLAIMS COURT OF BUTTS COUNTY Jackson, Georgia Statement of Claim (Here the plaintiff will insert a statement of the plaintiff's claim, and the original to be filed with the court, may if action is on a contract, express or implied, by vertified by the plaintiff or his agent, as follows:)

Page 3015

State of Georgia, County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Plaintiff (or Agent) Sworn to and subscribed before me, thisday of, 19. Notice. You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofDollars ($), as shown by the foregoing statement. The court will hold a hearing upon this claim onat.m. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing.

Page 3016

If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. Section 17 . All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Butts County are hereby validated. Section 18 . Within 30 days after this Act becomes of full force and effect, the Grand Jury of Butts 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 Butts County to serve from date of such appointment to the first day of January following such appointment. Thereafter, the grand jury in session in Butts 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. Appointment of judge. 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

Page 3017

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 immeidately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due 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 property signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment; provided, further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by 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 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 affidavir or the writ of attachment, as the case may be. Garnishment. 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. Fines.

Page 3018

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.fa. 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 I will introduce local legislation creating a Small Claims Court in Butts County and for other purposes. January 26, 1976. 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

Page 3019

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: January 29, February 5, 12, 1976. /s/ J. R. Smith Representative, 78th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. FULTON COUNTY CRIMINAL COURTDEMAND FOR TRIAL PROVISIONS CHANGED, ETC. No. 1003 (House Bill No. 652). An Act to amend an Act establishing the City Court of Atlanta, approved December 15, 1871 (Ga. L. 1871, p. 57), and an Act amendatory thereto establishing the Criminal Court of Fulton County, approved September 6, 1891 (Ga. L. 1890-91, p. 935), as amended, so as to strike certain provisions relating to demand for trial; to provide that the procedure for a demand for trial in the Criminal Court of Fulton County shall conform to the general law of the State; to provide that trials by jury in the Criminal Court of Fulton County shall be by six jurors instead of five jurors, to be selected from a panel of 12 qualified, prospective jurors; to change the provisions relating to criminal prosecutions and warrants; to repeal conflicting laws; and for other purposes.

Page 3020

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 creating and establishing the City Court of Atlanta, approved December 15, 1871 (Ga. L. 1871, p. 57), and an amendatory Act thereto establishing the Criminal Court of Fulton County, approved September 6, 1891 (Ga. L. 1890-91, p. 935), as amended, be amended as follows: Section 1 . Said Act is hereby amended by striking from section 7 of the amendatory Act of 1891 the following language: Also, except that the defendant shall not be discharged after putting his demand for a trial on the minutes until the next term after the expiration of six months from the date of his demand., and inserting in lieu thereof the following language: Any person against whom a true-bill of indictment is found for an offense which has been in terms of law transferred to the Criminal Court of Fulton County, or any person against whom an accusation has been taken in the Criminal Court of Fulton County, may demand at either the term when said indictment or accusation was found or taken, or at the next succeeding term of the court thereafter, a trial; or by special permission of the court, such person may at any subsequent term of said court thereafter, demand a trial. In either case the demand for trial shall be placed upon the minutes of the court and a copy served upon the solicitor general of the court. If such person shall not be tried at the term when the demand is made, or within the next two succeeding regular terms thereafter, provided that at both terms of said court there were juries impaneled and qualified to try such person, such persons shall be absolutely discharged and acquitted for the offense charged in the indictment or accusation. Trial demand. Section 2 . Said Act is further amended by striking in its entirety Section XI and inserting in lieu thereof a new section XI to read as follows:

Page 3021

Section XI. (a) That criminal prosecutions in said court may be instituted by written information or accusation plainly and distinctly setting forth the offense charged, containing the name of the prosecutor and signed by the solicitor general, and founded on affidavit. Procedure. (b) The judge of said court may upon affidavit being made that a crime has been committed, issue his warrant for the arrest of said party. If said party, after his arrest under said warrant from said judge, does not desire a committal trial, then he shall give bond to appear at said criminal court for trial, or be committed to the jail. (c) If, however, said party should desire a committal trial, then he shall be taken before some proper officer other than the judge of said court for that purpose. This power in the judge of said court to issue warrants for the arrest of offenders is not intended to deny to other officers of said State the right to issue warrants for and bind over offenders to said criminal court. (d) The judge of said court shall have power in vacation to accept please of guilty and pass sentence on those pleading guilty. (e) The proceedings after information or accusation shall conform to the rules governing like proceedings in the superior courts. (f) The jury in the Criminal Court of Fulton County shall consist of six (6), to be stricken alternately by the defendant and the State, from a panel of twelve (12) qualified, prospective jurors, drawn in the same manner as jurors are drawn in the superior court, by a judge of the criminal court, from the jury box maintained for the superior court of said county. The defendant shall be entitled to three (3) peremptory strikes, and the State shall be entitled to three (3) peremptory strikes. The State shall be entitled to the first such strike, and the defendant shall be entitled to the last such strike, and the six (6) remaining jurors shall compose a jury for the trial of criminal cases in the Criminal Court of Fulton County.

Page 3022

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January 1975 session of the General Assembly of Georgia a Bill to amend the Acts of 1890 and 1891, p. 935, establishing the Criminal Court of Atlanta (now the Criminal Court of Fulton County), so as to make demands for trial consistent with the procedure in the Superior Court of said County, and to add a section to said Acts so that demands for trial in said Court shall be consistent with the general law of the State; and to amend Section XI of said Act so as to provide that a trial by a jury in the Criminal Court of Fulton County shall be by six (6) jurors instead of five (5) jurors, to be selected from a panel of twelve (12) qualified jurors; and to amend certain other parts of Section XI of said Acts and to re-enact them as subsections of Section XI of said Act; and for other purposes. G. Kenneth Roberson, Clerk Criminal Court of Fulton County 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 organ of Fulton County, on the following dates: January 10, 17, 24, 1975. /s/ John W. Greer Representative, 43rd District

Page 3023

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 24, 1976. STATE COURT OF FULTON COUNTY CREATED. No. 1004 (House Bill No. 660). An Act to create a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County; to provide for the jurisdiction and power of said Court; to provide for the title, authority, power and jurisdiction of the Judges of said Court; to provide for an additional judge for the Criminal Court of Fulton County and his powers, duties, authority, appointment, election and compensation; to provide for a chief judge and his duties and powers; to provide for the title, authority, power and jurisdiction of Officers and employees of said Court; to provide for a chief clerk and his duties, powers and compensation; to provide for the jurisdiction and place of sitting and holding Court; to incorporate existing laws by reference; 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 . Pursuant to Article VI, Section VII, Paragraph I, of the Constitution of Georgia of 1945, there is hereby created and established for Fulton County, by the consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, a Court to be known as the State Court of Fulton County. Creation.

Page 3024

Section 2 . Said State Court of Fulton County shall have the jurisdiction, power and authority, coextensive with that held and exercised by both the Civil Court of Fulton County and the Criminal Court of Fulton County on the date of the creation of this Court. Such jurisdiction and power of the State Court of Fulton County to inquire into, hear and determine cases, shall be that collective jurisdiction and power as was exercised by both the Civil Court of Fulton County and the Criminal Court of Fulton County at the time of the creation of this Court. Jurisdiction. Section 3 . The State Court of Fulton County shall have jurisdiction throughout Fulton County, either concurrently with, or supplemental to, or in lieu of Justice Courts, as may be now or hereafter provided by law. The Judges of the State Court of Fulton County shall be able to sit and hold court in any court house within the boundaries of Fulton County, which has been designated for such purpose by the governing authority of Fulton County. Same. Section 4 . The State Court of Fulton County is not subject to the rules of uniformity laid down in Paragraph I of Section IX, of Article VI, of the Constitution of Georgia. Uniformity. Section 5 . The Judges of the State Court of Fulton County shall be those judges of the Civil Court of Fulton County and of the Criminal Court of Fulton County at the time of creation of this Court. They shall have the title of Judge of the State Court of Fulton County and their total number shall be the same as the combined total of the number of Judges of the Civil Court of Fulton County and of the Criminal Court of Fulton County at the time of the creation of this Court. Each Judge of the State Court of Fulton County shall have the reciprocal and collective jurisdiction, power and authority as was reposed in both the Judges of the Civil Court of Fulton County and the Judges of the Criminal Court of Fulton County at the time of the creation of this Court. When Judges of the State Court of Fulton County are sitting as judges to hear and determine matters which were previously heard and determined by Judges of the Civil Court of Fulton County, the Judges of the State Court of Fulton County shall exercise the same jurisdiction, power

Page 3025

and authority as was formerly exercised by Judges of the Civil Court of Fulton County at the time of the creation of this Court. When Judges of the State Court of Fulton County are sitting to hear and determine matters which were previously heard and determined by Judges of the Criminal Court of Fulton County, the Judges of the State Court of Fulton County shall exercise the same jurisdiction, power and authority which was formerly exercised by the Judges of the Criminal Court of Fulton County at the time of the creation of this Court. Judges. Section 6 . (a) Except as provided in subsection (b), the number of Judges of the State Court of Fulton County shall be the same as the combined total of the Judges of the Civil Court of Fulton County and of the Criminal Court of Fulton County at the time of the creation of this Court. The salaries, terms, qualifications and method of election, of the Judges of the State Court of Fulton County shall be provided for the Judges of the Civil Court of Fulton County at the time of the creation of this Court. The current term of office of each Judge at the creation of the State Court of Fulton County shall be the same as provided by law prior to said Court's creation. Same. (b) In addition to the judges provided for in subsection (a), an additional judge is hereby provided for the Criminal Court of Fulton County. Such judge shall be appointed by the Governor prior to the first day of the month following the month in which this subsection becomes effective, and such judge shall take office on said first day of such month. Such judge shall serve until January 1, 1977. A successor to such judge shall be elected at the general election in November, 1976, for a term of six years beginning January 1, 1977, and until his successor shall have been elected and qualified. The successor to the appointed judge shall become a judge of the State Court of Fulton County on January 2, 1977, when the State Court of Fulton County comes into existence as provided in this Act. All future elections for such judge shall be held and conducted as is now or may hereafter be provided by law and the term shall be for six years and until a successor is elected and qualified. The qualifications of said additional judge shall be the same as

Page 3026

are now provided for by law for the present or existing judges of said court, and his compensation shall be the same as that of the present or existing judges of said court, and said salary shall be paid to said judge out of the treasury of Fulton County in the same manner as the salary of the present or existing judges of said court is now paid. Said additional judge shall have the same powers, jurisdiction, duties and dignity as are now provided for the present judges. Additional judge. (c) The judges of the Court shall, within thirty days of the effective date hereof, and thereafter during the first week in January of each successive year, by a majority vote, elect from their number a chief judge of the court to serve during the remainder of such year. A majority of the judges of said court may remove such chief judge from the office as chief judge, and may fill any vacancy occurring in the office of chief judge. Such chief judge shall be responsible for the administration and the expeditious disposition of the business of the court, and shall have power to make such rules as he shall deem necessary or proper for such purpose, but not in conflict with the general laws of this State, which rules, when entered on the minutes of said court, shall be binding upon the other judges of the court, until the same shall be overruled by an order signed by a majority of the judges of the court. Such chief judge, by published rule, or from time to time by order, may allocate the jurisdiction and powers of the court, and the duties of the judges thereof, among the judges of the court; may assign to the judges of said court such of the business of the court as he shall deem appropriate, provided that any assignment of cases to or among the other judges of the court shall be in accordance with a published rule of the court; may make and publish calendars; may require reports from the clerk of the court and the other judges of the court relative to business pending before the court; and generally shall supervise and direct the disposition of all the business of the court. Chief judge. Section 7 . There shall be a chief clerk of the State Court of Fulton County who shall be responsible for the operation of the civil and criminal divisions of the clerk's office. The

Page 3027

chief clerk shall be elected by the judges of the court from among the qualified electors and residents of Fulton County. The chief clerk shall serve at the pleasure of the judges. The chief clerk shall receive such compensation as may be fixed by the Board of Commissioners of Fulton County. The chief clerk shall have such powers and duties as may be prescribed by the judges of the State Court. Such chief clerk shall also serve as the Clerk of the Civil Division of the Court or as Clerk of the Criminal Division of the Court but not in both positions. Chief Clerk. Section 8 . (a) At the time of the creation of this Court the Clerk of the Civil Court of Fulton County and his Deputy and Assistant Clerks, shall become the Clerk and the Deputy and Assistant Clerks of the Civil Division of the State Court of Fulton County. The Clerk and his Deputy and Assistnat Clerks shall have the same jurisdiction, power and authority as was reposed in them formerly as the Clerk and Deputy and Assistant Clerks of the Civil Court of Fulton County. The Clerk and his assistant clerks shall have the same terms, salaries, qualifications and methods of election or selection as they had as Clerk, and Deputy or Assistant Clerks of the Civil Court of Fulton County. Deputy clerk, etc. (b) At the time of the creation of this Court the Clerk and the Deputy and Assistant Clerks of the Criminal Court of Fulton County shall become the Clerk and the Deputy and Assistant Clerks of the Criminal Division of the State Court of Fulton County. The Clerk and the Deputy and Assistant Clerks of the Criminal Division of the State Court of Fulton County shall have the same jurisdiction, power and authority as was reposed in them formerly as the Clerk, and the Deputy or Assistant Clerks of the Criminal Court of Fulton County. The salaries, qualifications, methods of selection or election and the terms of the Clerk and the Deputy or Assistant Clerks of the Criminal Division of the State Court of Fulton County shall be the same as was held by them as Clerk and Deputy or Assistant Clerks of the Criminal Court of Fulton County.

Page 3028

Section 9 . At the time of the creation of this Court the Solicitor General and Assistant Solicitors General of the Criminal Court of Fulton County shall become the Solicitor General and Assistant Solicitors General of the State Court of Fulton County, and shall exercise the same jurisdiction, power and authority as was formerly reposed in them as the Solicitor General and Assistant Solicitors General of the Criminal Court of Fulton County. The qualifications, method of election or selection, salary, and terms of the Solicitor General and the Assistant Solicitors General of the State Court of Fulton County shall be the same as provided for the Solicitor General and Assistant Solicitors General of the Criminal Court of Fulton County at the time of the creation of this Court. Solicitor general, etc. Section 10 . At the time of the creation of this Court the Marshal and Deputy Marshals of the Civil Court of Fulton County shall become the Marshal and Deputy Marshals of the State Court of Fulton County, and exercise the same jurisdiction, power and authority as was reposed in them as the Marshal and Deputy Marshals of the Civil Court of Fulton County. The qualifications, method of election or selection, salaries, and terms of office for the Marshal and Deputy Marshals of the State Court of Fulton County will be the same as provided for them as Marshal and Deputy Marshals of the Civil Court of Fulton County at the time of the creation of this Court. Marshal, etc. Section 11 . The Civil Court of Fulton County and the Criminal Court of Fulton County are hereby consolidated into the State Court of Fulton County and they shall have no further identify as separate courts. Consolidation. Section 12 . As relates to the jurisdiction, power, authority and duty of the Civil and Criminal Courts of Fulton County, its Judges, and all of its other Officers and employees, the law (Ga. L. 1913, p. 145), as amended, with respect to the Civil Court of Fulton County, and the law (Ga. L. 1891, p. 935), as amended, with respect to the Criminal Court of Fulton County, as these laws existed at the time of the creation of this Court, are hereby incorporated by reference and made a part of this Act, and

Page 3029

such laws shall have general application to this Court, its Judges, and equivalent Officers and employees, where not inconsistent herewith. Powers. Section 13 . The organization of the said State Court of Fulton County, its procedures, and practices, its officers and employees, and its power and jurisdiction, are by the provisions in this Act unchanged, unaltered and undiminished, and the same original Acts, and the amendatory Acts thereof, establishing the Criminal Court of Fulton County and the Civil Court of Fulton County are brought forth as if fully reenacted herein and are made the law governing the State Court of Fulton County. Organization. Section 14 . Any and all accusations, warrants, motions, petitions, processes, summons, subpoenas, executions, fi. fas., documents, proceedings and papers, of whatever nature which are, on the effective date of this Act, in the Criminal Court of Fulton County and the Civil Court of Fulton County shall be construed to be in the State Court of Fulton County, which by the terms of this Act becomes the official, legal title and name of said Court. Procedure. Section 15 . All accusations, warrants, orders, motions, petitions, processes, summons, subpoenas, executions, fi. fas., documents, and proceedings, or papers of whatever nature, in the Courts known by the legal designations of the Criminal Court of Fulton County or the Civil Court of Fulton County shall hereafter designate said Court by the name of the State Court of Fulton County, and the aforesaid name shall be construed to constitute the full legal title and name of said Court. Section 16 . Nothing in this Act shall be construed or interpreted to have changed, altered, modified or diminished the jurisdiction, power, authority, or term of office of any Judge, Officer, or employee of the Criminal Court of Fulton County or of the Civil Court of Fulton County, and all the rights, titles, emoluments, powers, jurisdiction and authority of said judges, officers, and employees of said Courts are brought forth unchanged, unaltered, and undiminished into the State Court of Fulton County, and each

Page 3030

of said Judges are by the terms of this Act designated as Judge of the State Court of Fulton County. Section 17 . The State Court of Fulton County shall be a State Court within the meaning of Ga. L. 1970, p. 679, and the State Court of Fulton County shall be subject to the provisions of that Act as may now or hereafter be amended. In all cases where there is a conflict between the provisions of that Act, Ga. L. 1970, p. 679, as amended, and this Act, the Act with respect to practice and procedure in certain courts below the Superior Court level, Ga. L. 1970, p. 679, as amended, Ga. Code Ann. Section 24-2101(a) et seq., shall take priority and be controlling. Section 18 . Should any section or part of any section of this Act be declared to be unconstitutional or invalid for any reason, the same shall not affect the remainder of this Act or any part thereof other than the part so held to be invalid. Severability. Section 19 . This Act shall become effective on January 2, 1977, except the provisions of section 6(b), which shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without his approval for the purpose of appointing and electing the additional judge provided for in said section 6(b). Effective date. Section 20 . 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)

Page 3031

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 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. 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 organ of Fulton County, on the following dates: December 16, 23, 30, 1974. /s/ John W. Greer Representative, 43rd 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 March 24, 1976.

Page 3032

NEWTON COUNTYBOARD OF COMMISSIONERSEXPENSE STATEMENTS REQUIRED, ETC. No. 1009 (House Bill No. 926). An Act to amend an Act creating a Board of Commissioners for Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3022) and an Act approved April 3, 1972 (Ga. L. 1972, p. 3479), so as to update and renumber the provisions of said Act; to change the compensation of the chairman and members of the board; to require the members and the chairman of the board to submit itemized statements of certain expenses; to specify the day on which the chairman shall be in his office; to provide for the hiring and firing of employees; to change the provisions relating to the employment of a county attorney; to change the number of meetings the board shall hold each month; to change the procedure for calling special meetings of the board; to change the voting requirements for certain actions by the board; to change the provisions relating to purchases for the county or elected officials thereof; to change the provisions relating to the budget of elected officials of the county; to change the provisions relating to vouchers and checks; to provide for other matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Board of Commissioners for Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, is hereby amended by striking section 3 and sections 5 through 16B in their entirety and substituting in lieu thereof the following: Section 1-104. No person shall be eligible to represent a commissioner district unless he is at least 21 years of age and has been a resident of the state at least one year and a resident of the district from which he offers as a candidate for at least six months immediately preceding the date of the election. In the event a member moves his residence from

Page 3033

the district from which he qualified, his place on the board shall immediately become vacant. Eligibility. Section 1-105. There shall be a Chairman of the Board of Commissioners of Newton County who shall be elected by the qualified electors of the entire county. The Chairman of the Board of Commissioners of Newton County in office on January 1, 1976, shall serve as chairman for the remainder of his term and until his successor is elected and qualified. At the general election conducted in 1976, the chairman of said board shall be elected and shall take office on the first day of January following his election, to serve for a term of four years and until his successor is duly elected and qualified. Thereafter, successors to the chairman of said board shall be elected at the general election which is conducted in that year in which the term of office expires, and shall take office on the first day of January following such election for a term of four years and until his successor is duly elected and qualified. Any person desiring to offer as a candidate for election as chairman of said board shall specifically designate that he is running for the Chairman of the Board of Commissioners of Newton County. No person shall be eligible to serve as Chairman of the Board of Commissioners of Newton County unless he is at least 21 years of age, a freeholder, and has been a resident of the State at least one year and a resident of Newton County for at least six months immediately preceding the date of the election. In the event the chairman moves his residence from Newton County, the office of chairman shall be declared vacant. Chairman. Section 1-106. The Chairman of the Board of Commissioners of Newton County shall receive a salary of $14,400.00 per annum, to be paid in equal monthly installments from the funds of Newton County. The members of the board shall receive $200.00 per month, plus actual and necessary expenses incurred in carrying out their official duties. Salary. Section 1-107. The chairman and all board members are hereby authorized to receive not in excess of $25.00 per day for actual and necessary expenses, exclusive of mileage or transportation fares actually expended, when said chairman

Page 3034

and board members are out of town overnight on county business. All actual and necessary expenses paid to the chairman and any board member shall be paid only upon presentation of an itemized statement of said expenses. All board members and the chairman shall turn in an itemized statement each month of mileage, which shall be set at 10 cents per mile, and other expenses each month before a check is issued. Expenses. Section 1-108. The commissioners, before entering upon their duties of office, shall give a good and sufficient bond to be approved by the judge of the probate court of said county in the sum of $10,000.00 for the faithful discharge of their duties as county commissioners. For any violations or neglect of duty as provided by this Act, said bonds shall become actionable, suit thereon to be brought in the name of the judge of the probate court of said county, for the use of any person damaged thereby, or for the County of Newton for any breach thereof by malfeasance or misfeasance in office or for any tort, or wrong committed under color of his office. The commissioners shall, before entering upon the duties of their office, make oath before the judge of the probate court of said county to faithfully administer all things and affairs coming under their jurisdiction as county commissioners to the best interests of said county and to carry out the provisions of this Act. Bond. Section 1-109. The board shall have a clerk to keep all books and records of said board. Said clerk shall perform all duties required of him by said board in keeping all the records and minutes of meetings of the board and keeping the board's office open and all records open to public inspection by any taxpayer of Newton County. Said clerk shall receive such compensation as shall be determined by the board, which compensation shall be payable from the funds of Newton County. Clerk. Section 1-110. It shall be unlawful for any candidate for election to the board or for any nomination therefor to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appointment which is or shall be under the

Page 3035

control of the board, and any person so offending shall be ineligible to hold said office, and upon conviction shall be punished as for a misdemeanor. Purchases. Section 1-111. In the event a vacancy occurs on the Board of Commissioners of Newton County by death, resignation or otherwise, the remaining members shall appoint a person to fill such vacancy until the next general election, at which time a successor shall be elected for the unexpired term. Any person appointed by the board to fill a vacancy shall reside within the commissioner district in which said vacancy occurred, and any person elected to fill a vacancy shall reside within the commissioner district in which said vacancy occurred and shall be elected in the same manner as the member whose position is vacant. In the event a vacancy occurs in the office of Chairman of the Board of Commissioners of Newton County by death, resignation or otherwise, the board of commissioners shall appoint a person to fill such vacancy until the next general election, at which time a person shall be elected to fill such vacancy for the unexpired term. Vacancy. Article 2. Powers and Duties of the Board of Commissioners and the Chairman Section 2-101. The Board of Commissioners of Newton County shall be the policymaking body of Newton County. The Chairman of the Board of Commissioners of Newton County shall be the administrative officer of the county and unless otherwise prohibited, his acts shall be binding unless three members of the board shall make their objections known within thirty days of his act, stating the reasons therefor, at an official meeting of the board, or if a meeting is not scheduled to be held prior to said action by said chairman, then three members of the board shall make their objections known to the chairman, in writing, stating their objections and the reasons therefor, and said action by the Chairman shall be stayed until the next official meeting of the board. At such official meeting of the board, a majority of said board may vote to override the action of the chairman

Page 3036

and thereby render his prior action nugatory. The chairman may vote on a question only when the members of the board shall be evenly divided thereon. Powers. Section 2-102. The board of commissioners shall at no time enter into administrative acts, contact employees or personnel of said county in relation to any duty or work habits of said employee, request any service or actions on the part of said employee except through the chairman, unless as hereinafter set out in section 2-103 and 2-107. Section 2-103. The chairman of the board of commissioners shall have power and authority to hire and fire all employees of the road and bridge department. The chairman shall have power and authority to hire and fire other county employees with the approval of a majority of the board; provided, however, the chairman and the board shall have no authority to hire and fire employees of other elected county officials and the Board of Tax Appraisers. The salary and wage ranges and numbers of employees in each range shall be set by the board at their first meeting of each fiscal year. It shall be at the discretion of the chairman as to the amount to be paid within said range. The chairman shall report to the board at its regular monthly meetings all positions to be filled in the ensuing month and all suspensions or replacements thereof which took place in the prior month. All said reports shall be spread upon the minutes of the board. Control. Section 2-104. The board shall set all specifications for work to be done in the county, such specifications may be delegated to the chairman but only by an affirmative vote of three (3) members of the board. The board shall make periodic inspections of the county properties and of the work being carried on by the county and the board shall, upon request, make report to the first grand jury meeting in Newton County each calendar year of the financial condition of Newton County and of the progress of the works being carried on by the county. Work specifications. Section 2-105. Should the chairman fail to exercise any of his duties provided for by law, then a member of the

Page 3037

board, at the next regular meeting, may bring an accusation against such chairman in writing and outlining the duties which such chairman has failed to exercise, and order said chairman to show cause why such duties have not been exercised. Such accusation shall be entered in the minutes of the meeting. The chairman shall then be afforded an opportunity to respond to such charges and show cause why such duties have not been exercised, if in fact such duties were not exercised. Such response shall also be entered in the minutes of the meeting. If, after such accusation, response and further discussion, a majority of the board, excluding the chairman, feels that it is necessary for the welfare of the county to compel such chairman to exercise such duties, the board may exercise the duty themselves or may make a written request to the Judge of the Superior Court of Newton County to issue a writ of mandamus commanding the chairman to exercise such duties. Section 2-106. The board of commissioners shall have the authority to hire a clerk of the board and may also hire a deputy clerk. Clerk. Section 2-107. The board of commissioners shall elect the county attorney by affirmative vote of three of the members of the board, and he shall serve at the pleasure of the board. County attorney. Article 3. Meetings of the Board of Commissioners Section 3-101. The board of commissioners shall hold two meetings per month which shall be called the regular monthly meetings of the Board of Commissioners of Newton County, and the board shall designate at their first meeting of the year what days of the month said regular meetings shall be held. There shall be such other special or called meetings as may be called by the chairman during each month, and upon the refusal of the chairman to call any special or called meeting, requested by a member, then said meeting may be held by said member posting with the clerk of the county commissioners his notice, in writing, at least one day in advance, of said meeting his intention of

Page 3038

holding said meeting, the reason for holding said meeting, and same shall have affixed thereto the signature of two members of the board of commissioners, including the member requesting the meeting. Meetings. Section 3-102. Any matters which any individual member wishes to be brought before the board shall be submitted to the chairman in writing on the day previous to the regular meeting day or on the day previous to such called meeting. If the chairman is out of town or cannot be located or reached, said notice may be given by leaving a written copy of the matter to be brought before the board with the clerk of the board of commissioners. Notice. Section 3-103. All matters so requested by the board shall be entered upon a calendar prepared by the chairman, along with matters to be brought before the board by the chairman, in an orderly fashion for the deliberations of the board. Calendar. Section 3-104. No person or any employee or official of Newton County shall be called before said board except by the chairman. Should the chairman refuse to call any person before the board, as requested by any member of the board, then upon the vote of three of the members of the board, the board may direct to the clerk to call such person or county employee or official before the board; all such directions by the board shall be spread upon the minutes of the board. Section 3-105. Should the chairman be absent from any meeting, then the board may require, by a vote of three of the members of the board, the clerk to call such person, county employee, or official before said board. In the event of the absence of the chairman, the board may elect a vice chairman who shall act as the chairman during the absence of the chairman. Article 4. Finance Section 4-101. (a) The board of commissioners shall prepare a budget for the ensuing fiscal year to begin July 1st of each year and going through June 30th of the following year. The budget shall be prepared by the 15th of June of

Page 3039

each year, said budget to be published in the legal organ, wherein the sheriff's advertisements appear in Newton County, by the first week in July of each year. Said budget shall set forth all the anticipated revenues for the ensuing fiscal year, and all anticipated expenditures for the ensuing fiscal year setting forth in detail all categories where funds are to be received or expended. Said budget shall not exceed the anticipated revenues of Newton County as based upon the tax digest for the current tax year as approved and upon such other moneys as were received by Newton County from all other sources during the previous fiscal year. Budget. (b) Notwithstanding any other provision of any other law to the contrary, the Judge of the Probate Court, the Sheriff, the Clerk of the Superior Court and the Tax Commissioner of Newton County shall prepare budgets for the ensuing fiscal year based on the same fiscal year as the board of commissioners and shall submit such budgets by June 1 of each year. Section 4-102. Notwithstanding any provision of the law to the contrary, with regard to the budget of any elected official of Newton County, who is required under law to submit a budget for the operation of his office to the board of commissioners, said commissioners shall have the power and authority to determine the amounts which shall represent the final budget of said official and only those amounts so determined by said board shall be paid from the funds of the county. After the board of commissioners approve the budget of the elected officials of Newton County, it will become the responsibility of the elected official to administer the budget. Section 4-103. The chairman shall keep a book of vouchers signed by the party or parties from whom supplies may be bought and by such party or parties itemized in every important particular, stating the number of articles or pounds, etc., rate, price, the purpose for which to be used, and the total amount received. The chairman shall keep all vouchers properly bound and accessible to public inspection and for the use of the grand jury or the auditor. Any purchases of items whose aggregate purchase price shall be in

Page 3040

excess of $500.00 shall be approved by the full board before being authorized. Vouchers. Section 4-104. The chairman, before making any purchase which individually or in an aggregate is in excess of $500.00, shall have the approval of the majority of the board and competitive bids shall be taken; however, said bids may be waived by the unanimous consent of the board with all five board members and the chairman signing said purchase order and said purchase order being entered into the minutes of the meeting when approved. Bids. Section 4-105. The chairman shall carry out all road work, have complete control as to the manner and methods which said road projects are to be carried out; however, prior to the beginning of construction on any road or road project, the chairman shall bring said project to the attention of the board, giving an estimated cost of its completion, including all labor, materials and subcontract costs which would be encountered therein. Road work. The board of commissioners shall designate what road work, building or other works of the county, which shall be taken up by the chairman. All such instructions shall be entered into the minutes. The board shall not authorize or set forth any expenditures which would cost in excess of the amount of funds budgeted. No work shall be instituted without the affirmative vote of three commissioners, excepting the chairman. Section 4-106. The chairman's signature is required on all checks or vouchers issued by Newton County and any voucher issued and/or signed by the chairman, shall be deemed to be signed with his full knowledge of the intent and purposes for which said check or voucher was issued. Section 4-107. The chairman shall present to the board of commissioners at their first meeting in each month a financial statement showing to the commissioners expenditures and income of the previous month. Financial statement. Section 4-108. One of the members of the board of commissioners

Page 3041

so designated shall sign each voucher or check along with the chairman of the board of commissioners. Said board shall designate from its membership such member to sign such checks and vouchers. It shall be deemed that any voucher issued and/or signed by said member of the board was signed with the full knowledge and cognizance of what said voucher or check was paid for and purposes for which same is or was to be used. Any check or voucher so signed or issued by said member shall be considered the action of all members of the board unless objected to, in writing, within sixty (60) days after issuance. Section 4-109. The chairman shall, at the end of each month, make out an itemized account of all the transactions of his office, stating the amount of money or moneys received and from what source, the amount of money or moneys expended and for what purposes during that month, and post the same on the bulletin board at the courthouse within ten days after the end of each month, there to remain for a period of thirty days. He shall undersign each monthly statement so posted and make oath as to the correctness of same before the judge of the probate court of said county. Itemized account. Section 4-110. It shall be a misdemeanor for any member of the board, the clerk or anyone serving under the board or anyone employed upon the road force of Newton County to have any financial interest in the sale or purchase of any article or work done to or from the county. Any person so offending shall upon conviction be punished as for a misdemeanor. Penalty. Section 4-111. The board of commissioners in January following each election year shall appoint a board of auditors or auditor who shall be certified public accountants to audit the books and accounts of the board, the sheriff, the judge of the probate court, the tax commissioner, and the clerk of the superior court, and it shall be the duty of said auditor and the board to audit all the books, accounts, and transactions of the board, the sheriff, the judge of the probate court, the tax commissioner, and the clerk of the superior court, and said auditors shall have the power to examine on oath all commissioners or any other public

Page 3042

official set out herein or any person serving under the board or any other public official set out herein relative to any account or item on said books and accounts or any transaction in said office. Said auditor shall perform its duties herein prescribed and submit a report of its findings to the grand jury sitting at the fall term of the Newton Superior Court. The board employing said auditors shall prescribe what sum shall be paid for said work and said board shall be required to draw its warrant for this amount and pay said auditors as the case may be for their services in this behalf. Said report to be published in county newspapers where legal advertisements are published. Audit. Section 2 . This Act shall become effective on January 1, 1977, except for the provisions of section 1-105, contained in section 1 of this Act, necessary for the election of the chairman of the board of commissioners at the 1976 general election which shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. CERTAIN COUNTIESSMALL CLAIMS COURTSADMINISTRATIVE FEE PROVIDED. No. 1011 (House Bill No. 1149). An Act to amend an Act creating a Small Claims Court in certain counties in this State, approved April 4, 1963 (Ga. L. 1963, p. 2896), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3277), so as to provide for the collection of an administrative fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3043

Section 1 . An Act creating a Small Claims Court in certain counties in this State, approved April 4, 1963 (Ga. L. 1963, p. 2896), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3277), is hereby amended by adding a new section after section 8, to be designated section 8A, to read as follows: Section 8A. Whenever the court collects a sum of money on behalf of a plaintiff, such court shall be authorized to charge to the plaintiff and collect an administrative fee in an amount not to exceed ten percent of the sum collected for the plaintiff. Fee. 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 24, 1976. FULTON COUNTYPENSION PAYMENTSESTABLISHMENT OF RULES AUTHORIZED. No. 1014 (House Bill No. 1295). An Act to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended particularly by an Act approved March 21, 1963 (Ga. L. 1963, p. 2462), an Act approved March 28, 1969 (Ga. L. 1969, p. 2408), an Act approved March 31, 1972 (Ga. L. 1972, p. 3270), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3839) so as to clarify the provisions relating to computation of pension benefits and the limitation on pension benefits; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3044

Section 1 . An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions approved March 3, 1939 (Ga. L. 1939, p. 571), as amended particularly by an Act approved March 21, 1963 (Ga. L. 1963, p. 2462), an Act approved March 28, 1969 (Ga. L. 1969, p. 2408), an Act approved March 31, 1972 (Ga. L. 1972, p. 3270), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3839), is further amended by striking from subsection (c) of section 1 of the amendatory Act of 1963, the last unnumbered sentence of said subsection, and inserting in lieu thereof the following: Monthly earnings shall be the average of the highest 36 months' salary during the term of employment. Section 2 . Said Act is further amended by striking from subsection (d) of section 1 of the amendatory Act of 1963, the first unnumbered sentence thereof, and inserting in lieu thereof a new sentence, which shall read as follows: In no event shall the total pension benefits payable under this amendment, plus any emeritus pay, exceed three-quarters (3/4) of his monthly earnings as defined herein. Section 3 . All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1976 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

Page 3045

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, 1975, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 6th day of January, 1976. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. (Seal). Approved March 24, 1976. FULTON COUNTYPENSION PAYMENTS. No. 1015 (House Bill No. 1296). An Act to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions, approved March 3, 1939 (Ga. L. 1939, p. 571) as amended, particularly by an Act approved March 21, 1963 (Ga. L. 1963, p. 2462), an Act approved March 28, 1969 (Ga. L. 1969, p. 2408), an Act approved March 31, 1972 (Ga. L. 1972, p. 3270) and an Act approved March 28, 1974 (Ga. L. 1974, p. 3839), so as to permit all officers or employees of Fulton County to participate in said Pension Fund as amended; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3046

Section 1 . An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions, approved March 3, 1939 (Ga. L. 1939, p. 571) as amended, particularly by an Act approved March 21, 1963 (Ga. L. 1963, p. 2462), an act approved March 28, 1969 (Ga. L. 1969, p. 2408), an Act approved March 31, 1972 (Ga. L. 1972, p. 3270), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3839) is further amended by striking from section 3 of the amendatory Act of 1963, as amended by the amendatory Act of 1974, the first unnumbered paragraph and inserting in lieu thereof a new unnumbered paragraph, which shall read as follows: Any officer or employee of Fulton County may elect to come under the terms of this Act, as amended, at any time during active employment by making written application to the Pension Board and paying to the Pension Board the contributions which he would have made if he had elected to come under the terms of this Act as amended at the time he first became eligible to do so. Section 2 . 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 of intention to apply to the January, 1976 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

Page 3047

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 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, 1975, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 6th day of January, 1976. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. (Seal). Approved March 24, 1976. FULTON COUNTY JUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND ACT AMENDED. No. 1016 (House Bill No. 1297). An Act to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2803); and an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), so as to renumber and re-enact sections 5, 5(a) and 5(b) of said Act, as so particularly amended, providing for payment of benefits from the fund, as sections 6, 6(a) and 6(b), respectively thereof; to renumber succeeding sections of said Act accordingly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Section 5 of an Act approved January 31,

Page 3048

1946 (Ga. L. 1946, p. 299) as amended by and contained in section 2 of an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2803), is hereby renumbered as section 6 and as section 6 is hereby re-enacted in its entirety. Section 2 . Sections 5(a) and 5(b) added to an Act approved January 31, 1946 (Ga. L. 1946, p. 299), as amended by an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), as contained in section 1 and in five paragraphs in section 2 of said Act approved February 8, 1955 (Ga. L. 1955, p. 2083), are hereby renumbered as sections 6(a) and 6(b), respectively, and as sections 6(a) and 6(b) are hereby re-enacted in their entirety. Section 3 . Sections 6, 7, 8, 9, 10, 11 and 12 of an Act approved January 31, 1946 (Ga. L. 1946, p. 299) as amended, are hereby renumbered as section 7, 8, 9, 10, 11, 12 and 13, respectively. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Ask For Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1976, to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved Jan. 31, 1946 (Ga. L. 1946, p. 299), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2803); and an Act approved Feb. 8, 1955 (Ga. L. 1955, p. 2083), so as to renumber and re-enact sections 5, 5(a) and 5(b) of said Act, as so particularly amended, providing for the payment of benefits from the fund, as sections 6, 6(a) and 6(b), respectively, thereof; to renumber succeeding sections of said Act accordingly;

Page 3049

and as to any other matters germane to said Act, as amended. This 19 day of December, 1975. E. A. Wright Chairman, Board of Trustees, Judges' and Solicitor Generals' Retirement Fund 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 22, 29 days of December, 1975, and on the 5th day of January, 1976. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 8th day of January, 1976. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. (Seal). Approved March 24, 1976.

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MUNICIPALITIESFIRE DEPARTMENT PENSIONSMARRIAGE PROVISIONS CHANGED. (150,000 OR MORE). No. 1021 (House Bill No. 1345). An Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 17 et seq.), as amended, particularly by an Act approved January 31, 1946 (Ga. L. 1946, pp. 136, 137), providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, furnishing aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases, and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; so as to change the period of marriage of spouse to be eligible as beneficiary; 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 the authority of the same, that the Act approved August 13, 1924 (Ga. L. 1924, pp. 167, et seq.), as amended, particularly by an Act approved January 31, 1946 (Ga. L. 1946, pp. 136, 137), providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, furnishing pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1 . That section 2 of the amendment to said Act, approved January 31, 1946 (Ga. L. 1946, pp. 136, 137), be further amended by striking the last sentence of said section 2 as follows: Provided, however, where the member retires by reason of length of service, the widow shall not be eligible to receive

Page 3051

the pension benefits of deceased pensioner unless she married such pensioner at least 5 years before he actually retires. And inserting in lieu thereof the following sentence: No spouse, designated as beneficiary, shall be entitled to receive any of said service pension benefits unless such spouse shall have been legally married to such officer or employee of such city for a period of one (1) year prior to retirement of such pensioner, or for one (1) year prior to the death of an officer or employee who was entitled to retire but failed to do so, as provided by the terms of this Act. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. FULTON COUNTYTEACHERS AND EMPLOYEES RETIREMENT ACT AMENDED. No. 1034 (House Bill No. 1504). An Act to amend an act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by Acts approved April 3, 1972 (Ga. L. 1972, p. 3813) and April 17, 1973 (Ga. L. 1973, p. 2730), so as to provide a limitation upon prior service credit for active full-time military duty under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . That the Act entitled An Act to provide in Fulton County a system for pension and retirement pay

Page 3052

to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, be further amended as follows: The Acts approved April 3, 1972 (Ga. L. 1972, p. 3813), and April 17, 1973 (Ga. L. 1973, p. 2730) which provided prior service credit to employees for active full-time military duty, are hereby amended as follows: Subparagraph (ii) of section 1 of said 1972 Act as amended is amended by adding at the end of said subparagraph the words: provided, however, that an employee shall not be eligible to claim credit for military service time where it is claimed for other pension benefits from any government or private business. Section 2 . All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3 . Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Severability. Section 4 . A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1976 Session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County a System for Pensions and Retirement Pay to Teachers and

Page 3053

Employees of the Board of Education of Fulton County, and for other purposes (Ga. L. 1945, pp. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Max E. McBrayer, Chairman Fulton County School Pension Board By: Lula B. Carson Executive Secretary Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16th, 23rd, 30th days of December, 1975, and on the 6th day of January, 1976. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 20th day of January, 1976. /s/ Frances K. Beck Notary Public, Georgia, State at Large. My Commission Expires Jan. 11, 1980. (Seal). Approved March 24, 1976. FULTON COUNTYTEACHERS AND EMPLOYEESRETIREMENT ACT AMENDED. No. 1035 (House Bill No. 1505). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to

Page 3054

teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 3550), so as to provide deferred pension benefits to those persons leaving the employment of said Board of Education after completing ten (10) years of active service and upon subsequently attaining the age of sixty-five (65) years; to provide for benefits to the beneficiaries of such person upon such person's death; to authorize such person to continue under the various amendments to this Act upon reemployment with such Board of Education; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, be further amended as follows: Section 1 . The Act approved March 28, 1974 (Ga. L. 1974, p. 3550), amending said Act, is hereby amended by striking from section 1 of said Act the words twenty (20) years in the three places where such words and numbers appear, and inserting in lieu thereof the words and numbers: ten (10) years. Section 2 . All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3 . Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Severability. Section 4 . A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice

Page 3055

of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1976 Session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County a System for Pensions and Retirement Pay to Teachers and Employees of the Board of Education of Fulton County, and for other purposes (Ga. L. 1945, pp. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Max E. McBrayer, Chairman Fulton County School Pension Board By: Lula B. Carson Executive Secretary Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of December, 1975, and on the 6th day of January, 1976. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 20th day of January, 1976. /s/ Frances K. Beck Notary Public, Georgia, State at Large. My Commission Expires Jan. 11, 1980. (Seal). Approved March 24, 1976.

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FULTON COUNTYTEACHERS AND EMPLOYEESRETIREMENT ACT AMENDED. No. 1036 (House Bill No. 1506). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2948), so as to change the formula for computation of the amount of retirement benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, be further amended as follows: Section 1 . The Act approved March 3, 1962 (Ga. L. 1962, p. 2948), amending said Act, is hereby amended by striking the first sentence of section 1(c) of said 1962 Act, and inserting in lieu thereof the following sentence: (c) When any teacher or employee coming under the provisions of this amendment shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to 1.76 percent (1.76%) of his monthly earnings, multiplied by his years of creditable service; provided that in no event shall an employee receive less than he/she would have received under this act, as amended, prior to this amendment. Section 2 . All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3 . Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any

Page 3057

part thereof other than the part so held to be unconstitutional. Severability. Section 4 . A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1976 Session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County a System for Pensions and Retirement Pay to Teachers and Employees of the Board of Education of Fulton County, and for other purposes (Ga. L. 1945, pp. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Max E. McBrayer, Chairman Fulton County School Pension Board By: Lula B. Carson Executive Secretary Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of December, 1975, and on the 6 day of January, 1796. As provided by law. /s/ Frank Kempton

Page 3058

Subscribed and sworn to before me, this 20th day of January, 1976. /s/ Frances K. Beck Notary Public, Georgia, State at Large. My Commission Expires Jan. 11, 1980. (Seal). Approved March 24, 1976. FULTON COUNTYTEACHERS AND EMPLOYEESRETIREMENT ACT AMENDED. No. 1037 (House Bill No. 1507). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, so as to provide for an adjustment of retirement or pension benefits for certain teachers and employees and retired persons based upon changes in the cost of living; to provide powers of the Pension Board; to provide for exceptions; 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 in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, is hereby amended by adding at the end of said Act a new section, to read as follows: (a) Notwithstanding any other provision of this Act, and particularly notwithstanding any other limitation upon retirement or pension benefits contained in this Act as amended, the retirement or pension benefits payable to each

Page 3059

teacher or employee who has heretofore retired as a matter of right, and each teacher or employee who shall hereafter retire, who attains the age of 62 years or more or retires on account of disability regardless of age, shall be adjusted annually based upon changes in the U. S. Consumer Price Index for Georgia. (b) An annual determination shall be made by the Pension Board of the percent increase or decrease in the Index as compared with the average Index for the preceding year. Whenever there has been an upward or downward change of at least 1 1/2%, a corresponding change will be made in retirement or pension benefits, not to exceed 3% yearly, payable to teachers and employees referred to in subsection (a) above. In the event of a decrease, the amount of the retirement or pension benefit shall not be reduced below the amount of the pension or retirement fixed as the effective date of this amendment, or below the pension or retirement benefit which would otherwise be payable under this Act as amended, except for this section. Section 2 . All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3 . Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Severability. Section 4 . A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1976 Session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County a System for Pensions and Retirement Pay to Teachers and

Page 3060

Employees of the Board of Education of Fulton County, and for other purposes (Ga. L. 1945, pp. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Max E. McBrayer, Chairman Fulton County School Pension Board By: Lula B. Carson Executive Secretary Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of December, 1975, and on the 6 day of January, 1976. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 20th day of January, 1976. /s/ Frances K. Beck Notary Public, Georgia, State at Large. My Commission Expires Jan. 11, 1980. (Seal). Approved March 24, 1976. CITY OF HOBOKENNEW CHARTER. No. 1042 (House Bill No. 1583). An Act to provide a new charter for the City of Hoboken, Georgia, in the County of Brantley; to provide for the

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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 repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION, POWERS Section 1.01. Incorporation . This Act shall constitute the whole charter of the City of Hoboken, repealing and replacing the charter provided by an Act of the General Assembly approved August 16, 1920 (Ga. L. 1920, p. 1003), as amended by an Act approved February 14, 1957 (Ga. L. 1957, p. 2127). The City of Hoboken, Georgia, in the County of Brantley, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Hoboken, 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. Corporate Boundaries . The corporate boundaries of the City of Hoboken shall comprise all of that territory contained in Land Lot Nos. 220, 221, 240 and 241 in the Ninth District of Brantley County, Georgia. Section 1.03. Specific Powers . The corporate powers of the government of the City of Hoboken, 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;

Page 3062

(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 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

Page 3063

withdrawal of service for refusal or failure 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; (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

Page 3064

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; (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;

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(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, carboard, 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, construction, 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

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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 or humane destruction when not redeemed as provided by

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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 amount 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 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; (43) to exercise the power of arrest through duly appointed policemen;

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(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 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 addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.04. 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 1.05. 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.

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Section 1.06. 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 2.01. Creation and Composition of Governing Body . The legislative authority of the government of the City of Hoboken, 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 2.02. 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 Hoboken 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 Hoboken; 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 2.03. 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

Page 3070

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 2.04. Compensation and Expenses . The mayor shall receive as compensation for his services not more than $100.00 per month. The councilmen shall receive as compensation for their services not more than $25.00 per month. The mayor and council shall fix the salaries to be received by the mayor and each councilman for the succeeding year at their regular meeting in December of each year. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. 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 2.06. 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 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. Section 2.07. General Power and Authority of the Council . (a) Except as othervise provided by law or by this charter, the council shall be vested with all of the powers

Page 3071

of government of the City of Hoboken 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 or property, health, welfare, sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Hoboken and may enforce such ordinances by imposing penalties for violation thereof. Section 2.08. Chief Executive Officer . The mayor shall be the chief executive officer of the City of Hoboken. 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 2.09. 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) have the power to suspend all officers, department heads and employees of the city, the suspension to be subject to a hearing at the next regular or special council meeting following the suspension;

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(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 2.12 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 2.10. 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 2.11. Organization Meeting . (a) The new mayor and council shall conduct an organizational meeting on the first Tuesday after the first Monday in January. The meeting

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shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected mayor and councilmen 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 Hoboken 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 swearing in of new members, the mayor and council by a majority vote shall elect one of the councilmen to serve as mayor pro tem. for a term of one year and until his successor is elected and qualified. Section 2.12. 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 residences 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. (c) All meetings of the council shall be public. Section 2.13. Rules of Procedure . The council shall adopt its rules of procedure and order of business consistent with

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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 2.14. Quorum, Voting . 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 affirmative vote of four councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 2.15. 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 Hoboken 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 2.16. 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

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clause a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least four 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 2.17. 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 2.18 of this charter. Section 2.18. 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 of the City of Hoboken, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the

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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 Hoboken 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 3.01. 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 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 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 mayor and councilmen. (c) Except as otherwise provided by this charter, the

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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 of the city council. Section 3.02. 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 Hoboken 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 four members of the council. (e) Members of boards, commissions or authorities may

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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 3.03. 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 3.04. 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. Section 3.05. City Clerk . The council may appoint a city clerk to keep a journal of the proceedings of the city council,

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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 3.06. 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 3.07. City Accountant . The council may appoint a city accountant to perform the duties of an accountant. Section 3.08. 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 3.09. 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 Hoboken 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 3.10. 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 Hoboken.

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ARTICLE IV JUDICIAL BRANCH Section 4.01. Creation of Recorder's Court . There is hereby established a court to be known as the Recorder's Court of the City of Hoboken. Said court shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Hoboken and to punish for violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance; 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 4.02. 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 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

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office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. Section 4.03. 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 4.04. Jurisdiction; Power . (a) The recorder's court shall try and punish for crimes against the City of Hoboken 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 $200.00 or imprisonment for 60 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 60 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 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

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on order of the recorder forfeited to the City of Hoboken 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 Hoboken granted by State laws generally to mayor's, recorder's and police courts and particularly by such as authorize the abatement of nuisances. Section 4.05. Appeal . The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Brantley 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. Section 4.06. Rules for Court . With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may

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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 prior to said proceedings. ARTICLE V ELECTIONS Section 5.01. Regular Elections . 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 Wednesday in December of even-numbered years, there shall be an election for mayor and councilmen who shall each be elected for terms of office of two years. The term of office of the mayor and 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 2.11, of this charter. Section 5.02. 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 Hoboken. Section 5.03. Applicability of General Laws . The procedures and requirements for election of all elected officials in the City of Hoboken 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 5.04. 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

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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 5.05. 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 5.06. Procedure for Removal of Elected Officials . Removal of an elected official 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; 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 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 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 Brantley County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.

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(b) By information filed in the Superior Court of Brantley County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.01. Property Taxes . All property subject to taxation for State or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Hoboken. 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 6.02. 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 Hoboken is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive. Section 6.03. 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 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 6.04. Collection of Delinquent Taxes . The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk 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

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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 6.05. 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 Hoboken 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 persons 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 6.06. Sewer Service Charges . The council shall have the right, power and authority pursuant to ordinances adopted by the council to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Hoboken 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 6.07. Sanitary and Health Services Charge . The council shall have authority to provide for, enforce, levy and

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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 Hoboken 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 6.08. 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 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 6.09. 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

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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 6.10. 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 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 6.12. Short-Term Notes . Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.13. 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, institution, agency and activity of the city government unless otherwise provided by State or federal law. Section 6.14. 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.

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Section 6.15. Property Tax Levies . The council shall levy by ordinance an annual tax on all real and personal property within the City of Hoboken. 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 Hoboken. Section 6.16. 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 funds to which it applies. Section 6.17. 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 6.18. Centralized Purchasing . (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Hoboken. (b) The council may sell and convey and real or personal property owned or held by the City of Hoboken 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

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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 of 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 7.01. Official Bonds . The officers and employees, both elected and appointed, of the City of Hoboken shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.02. Existing Ordinances and Regulations . Existing ordinances and resolutions of the City of Hoboken not inconsistend 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 Hoboken not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.03. 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 60 days, or both. Section 7.04. Specific Repealer . An Act incorporating the City of Hoboken in the County of Pierce, approved August 16, 1920 (Ga. L. 1920, p. 1003), as amended by an Act approved February 14, 1957 (Ga. L. 1957, p. 2127), is hereby repealed in its entirety.

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Section 7.05. 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 1976 regular session of the General Assembly of Georgia, a bill to create a new charter for the City of Hoboken. This 29th day of December, 1975. Paul W. Foster, Representative, District 152, Post 1 Bobby Wheeler, Representative, District 152, Post 2 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 1, 8, 15, 1976. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 29th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

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METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT AMENDEDREPORTING REQUIREMENTS CHANGED. No. 1045 (House Bill No. 1580). An Act to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), so as to change the semiannual reporting requirements of the Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), is hereby amended by striking section 14A in its entirety and substituting in lieu thereof a new section 14A, to read as follows: Section 14A. The Authority shall have available at its principal office for public inspection at all times during regular business hours of the Authority an accurate and brief summary disclosing all material terms of each contract which the Authority has entered into and the terms of which call for expenditures by the Authority of more than $150,000. The Authority shall publish in a daily newspaper of general circulation within the entire geographic area of

Page 3093

the Authority's operations and in a weekly newspaper of general circulation in each county in which the Authority operates a semiannual report for the six-month periods ending June 30 and December 31 of each year. Each semiannual report shall include a statement of the tax revenue and operating revenue received during the period, a statement of the total expenditures made during the period and a list of all written contracts entered into by the Authority during the period which call for the Authority to expend at any time in the aggregate more than $50,000. Such list shall also include any employment or consultant contracts (whether or not written) under which the employee or consultant is to be compensated at an annual rate of more than $20,000, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable hereunder, shall have his compensation increased at any time, the amount of such increase and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder, or the formula for determining such amount. At such times, the Authority shall also publish a list of the names of each person, firm or corporation which has received from the Authority during such period in excess of $20,000, as well as the amount paid to such person, firm or corporation during such period. The published information shall also be filed as a statement, verified by the Chairman of the Board of the Authority and its General Manager, with members of the Metropolitan Atlanta Rapid Transit Authority Overview Committee, the State Auditor and with governing authorities of each county and the largest municipality in the area of the Authority's operation. The semiannual report required by this section shall be published and filed within forty-five days of the end of the reporting period. 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 1976 Session of the General Assembly of Georgia

Page 3094

a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention of Introduce Local Legislation was published in the News-Daily which is the official organ of Clayton County, on the following dates: January 6, 13, 20, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10,

Page 3095

1965 (Ga. L. 1965, p. 2243), as amended: to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 9, 16, 23, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 23rd day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District

Page 3096

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 8, 15, 22, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 22nd day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the

Page 3097

58th 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 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3098

Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved Mar. 24, 1976. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT AMENDEDCERTAIN INVESTMENT INTEREST PURPOSES LIMITED. No. 1946 (House Bill No. 1581). An Act to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971, (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), so as to limit the purposes for which interest on certain investments may be used; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3099

Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), is hereby amended by adding at the end of section 25(i), the following: If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, constructing, or improving the rapid transit system and are invested, then all interest earned from such investments shall be used only for planning, designing, acquiring, constructing, or improving the rapid transit system or for paying the principal of or interest on bonds or certificates issued for such purposes. 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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3100

duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 8, 15, 22, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 22nd day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3101

News-Daily which is the official organ of Clayton County, on the following dates: January 6, 13, 20, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 9, 16, 23, 1976. /s/ Hugh Jordan Representative, 58th District

Page 3102

Sworn to and subscribed before me, this 23rd day of January, 1976. /s/ Susan Gordon Notary Public, Georgia at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal).

Page 3103

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

Page 3104

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT AMENDEDPUBLIC MEETING REQUIREMENTS CHANGED. No. 1047 (House Bill No. 1582). An Act to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), so as to change the public meeting requirements; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), is hereby amended by striking in section 6(h), the following: All meetings of the Board, its Executive Committee, or any committee appointed by the Board, at which any official business is transacted, shall be open to the public, and the minutes thereof, and the documents and reports made a part of such minutes or referred to therein, shall be public records and open to public inspection in accordance with reasonable rules and regulations prescribed by the Board. The Board shall furnish certified copies of such public records upon written request and upon payment of a reasonable charge therefor.,

Page 3105

and substituting in lieu thereof, the following: All meetings of the Board, its Executive Committee or any committee appointed by the Board shall be subject to all provisions, except for section 2(a), of an Act providing that all meetings of certain public bodies shall be open to the public, approved March 28, 1972 (Ga. L. 1972, p. 575), as now or hereafter amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District

Page 3106

Sworn to and subscribed before me, this 21st day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal).

Page 3107

Notice of Intention to Introduce Local Legislation. Notice is hereby given there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Daily which is the official organ of Clayton County, on the following dates: January 6, 13, 20, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10,

Page 3108

1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 8, 15, 22, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 22nd day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District

Page 3109

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 9, 16, 23, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 23rd day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. DeKALB COUNTYOFFICE OF NOTARY PUBLIC EX OFFICIO JUSTICE OF THE PEACE ABOLISHED. No. 1048 (House Bill No. 1590). An Act to abolish the offices of notary public ex officio justice of the peace in DeKalb County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . From and after the date of the approval of this Act or it otherwise becomes law, no notary public ex officio justice of the peace shall be appointed in DeKalb County. The offices of notary public ex officio justice of the peace and their courts in DeKalb County are hereby

Page 3110

abolished effective upon the expiration of the term to which each incumbent may have been appointed or upon their death or resignation, whichever first occurs. All powers and duties heretofore possessed by and performed by the notary public ex officio justices of the peace shall be conferred upon and performed by the justices of the peace of DeKalb County. Abolished. 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 1976 Session of the General Assembly of Georgia, a bill to abolish the offices of notary public ex officio justice of the peace in DeKalb County; and for other purposes. This 5th day of January, 1976. Walt Davis Representative, 56th District 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, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8, 15, 22 day of January, 1976. /s/ Gerald W. Crane, Publisher Betty M. Branch, Agent

Page 3111

Sworn to and subscribed before me, this 22nd day of January, 1976. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18, 1977. (Seal). Approved March 24, 1976. DeKALB COUNTY JUSTICE OF THE PEACEQUALIFICATIONS PROVIDED, ETC. No. 1049 (House Bill No. 1591). An Act to provide for qualifications to hold the office of justice of the peace in DeKalb County; to increase the qualifying fee for such office; to provide for current justices of the peace; to provide for the intent and application of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Pursuant to the authority granted the General Assembly by an amendment to Article VI, Section VII of the Constitution (Ga. L. 1974, p. 1720, ratified November 5, 1974) and in order to provide for a more effective administration of justice by the justices of the peace in DeKalb County, such justices of the peace shall have the qualifications hereinafter provided. Section 2 . (a) After the effective date of this Act, a justice of the peace in DeKalb County shall: (1) be not less than 25 years of age and not more than 65 years of age; Qualifications. (2) be a resident of his district for at least three months preceding his election;

Page 3112

(3) be a registered voter; (4) be a high school graduate or the holder of a certificate of equivalency; (5) be of good moral character, and not have been convicted of a felony or any other crime, an essential element of which is misstatement, fraud or dishonesty; (6) be certified as having completed within the immediately preceding two years a course of instruction in the administration of the office of justice of the peace, provided such a course is offered at an educational institution within the University System of Georgia. (b) This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective for all elections occurring after this Act becomes effective, a candidate for the office of justice of the peace in DeKalb County shall pay a qualifying fee of $250.00. Section 3 . Justices of the peace in office in DeKalb County on the effective date of this Act shall serve out the remainder of their respective terms and shall not be subject to the provisions of this Act for the remainder of such terms. Thereafter, successors to the present justices of the peace in DeKalb County, including any justice of the peace who becomes a candidate for reelection, shall be subject to the provisions of this Act. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to provide for qualifications to hold the office of justice of the peace in DeKalb County; to increase the qualifying

Page 3113

fee; to provide for current justices of the peace; to provide effective dates; and for other purposes. This 5th day of January, 1976. Walt Davis Representative, 56th District 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, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8, 15, 22 day of January, 1976. /s/ Gerald W. Crane, Publisher Betty M. Branch, Agent Sworn to and subscribed before me, this 22nd day of January, 1976. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18, 1977. (Seal). Approved March 24, 1976. BROOKS COUNTY SHERIFFPRISONER FEEDING PROVISIONS CHANGED. No. 1053 (House Bill No. 1650). An Act to amend an Act placing the Sheriff of Brooks County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p.

Page 3114

2166), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3021), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2560), so as to change the provisions relative to funds for the feeding of prisoners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Brooks County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2166), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3021), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2560), is hereby amended by striking from section 8 the following: one dollar and fifty ($1.50) per day, and inserting in lieu thereof the following: an amount to be fixed by the Board of Commissioners of Brooks County, so that when so amended section 8 shall read as follows: Section 8. The county shall pay all necessary expenses incurred in the keeping of jail inmates. The sheriff shall receive from county funds, for each prisoner confined in the county jail, an amount to be fixed by the Board of Commissioners of Brooks County to feed said prisoners. Expenses. 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 January, 1976 session of the General Assembly of Georgia, legislation to authorize the county commissioners of Brooks

Page 3115

County to fix from time to time the amount to be paid per day to feed jail inmates. Henry L. Reaves Representative, 147th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves who on oath, deposes and says that he is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: January 1, 8, 15, 1976. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. GORDON COUNTYBOARD OF COMMISSIONERSBOND PROVISIONS CHANGED, ETC. No. 1054 (House Bill No. 1653). An Act to amend an Act providing for a Commissioner of Gordon County (now Board of Commissioners of Gordon County), approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended by an Act approved March 13, 1975 (Ga. L.

Page 3116

1975, p. 2717), and by an Act approved March 13, 1975 (Ga. L. 1975, p. 2719), so as to change the provisions relative to certain bonds; to change the provisions relative to purchases and the disposition of county-owned personal property; to change the provisions relative to inventories of property; to change the provisions relative to audits; to change the provisions relative to transactions with the County; to prohibit nepotism; to change the provisions relative to budgets; to change the provisions relative to the clerk of the Board of Commissioners; 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 Commissioner of Gordon County (now Board of Commissioners of Gordon County), approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended by an Act approved March 13, 1975 (Ga. L. 1975, p. 2717) and by an Act approved March 13, 1975 (Ga. L. 1975, p. 2719), 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. Each member of the Board of Commissioners, the Commissioner's clerk, the County Administrator, and the persons employed in their offices shall 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 their duties, which bond shall be approved by the Judge of the Probate Court of Gordon County. Any cost arising from the execution of this bond shall be paid from the general funds of the County. Section 2 . Said Act is further amended by striking sections 4 and 5 in their entirety and substituting in lieu thereof new sections 4 and 5 to read as follows: Section 4. The Board of Commissioners may purchase necessary machinery, tools, equipment, supplies and services (hereinafter referred to collectively as `Goods and Services') for county use. All purchases of Goods and Services, wherein

Page 3117

the purchase price is expected to be in excess of $750.00 shall be made by a sealed competitive bid. Notice of the time and place that bids will be received and opened shall be advertised in the local organ of the county once each week for two weeks prior to the opening of such bids. Such notice shall also include a description and specifications of the item or items to be purchased. All bids shall be received in sealed envelopes and shall be opened and thereafter filed for two years in the office of the Board of Commissioners for public inspection. Goods and Services shall be purchased from the lowest responsible bidder. Such Goods and Services shall not be purchased unless sealed competitive bids are received from not less than two bidders. This section shall not apply to repairs of Goods. Goods and services. Section 5 . When any County personal property, with an acquisition value of $750.00 or more, has become unserviceable, the Board of Commissioners will certify in writing that such property is no longer serviceable. Upon such certification, the Board of Commissioners shall at public sale sell the unserviceable property and remit the proceeds from the sale to the treasury of the County. It shall be unlawful for the office of the Board of Commissioners to sell such property except by competitive sealed bids or at public auction after advertisement for such bids or auction in the official organ of Gordon County once a week for two consecutive weeks. Such advertisements shall give a complete description of the property being offered for sale. The highest of such bids submitted must be accepted. The high bidder shall pay for the property in cash, certified check or cashier's check only at the time of sale. A file of all sealed bids received shall be retained for a period of two years by the clerk of the Board of Commissioners and shall be open to the public for inspection at any time within such two-year period. The Board of Commissioners may dispose of unserviceable property having an acquisition value of less than $750.00 in any manner deemed in the best interest of the County. 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:

Page 3118

Section 7. It shall be the duty of the Board of Commissioners to maintain a permanent record of all county real property and personal property having an acquisition cost of $100.00 or more. The permanent record of personal property shall include the name of the item, make and serial number, date of purchase and purchase price and, if applicable, the date of disposal and disposal price. An annual inventory of the aforesaid property shall be taken on or before January 15 of each year and the inventory shall be reconciled with the permanent record. A list of property added to or deleted from the permanent record shall be included in the annual audit of the financial statements of Gordon County. Inventory. Section 4 . Said Act is further amended by striking sections 10 and 11 in their entirety and substituting in lieu thereof new sections 10 and 11 to read as follows: Section 10. (a) It shall be the duty of the Board of Commissioners of Gordon County to have conducted an annual certified audit of the financial statements of the County of Gordon. This certified audit requirement excludes the Gordon County Department of Education. The person or persons making such certified audit shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The annual certified audit shall be made in accordance with generally accepted auditing procedures as promulgated by the American Institute of Certified Public Accountants. The auditor shall state in the report of certified audit if County funds have been misappropriated during the period of time covered by the certified audit. The auditor shall submit a report of certified audit to the Grand Jury and the Board of Commissioners not later than 120 days after the close of the year covered by the certified audit. Audit. (b) All certified audits, as provided by herein, shall be reproduced in sufficient number and five copies shall be delivered and filed with the Clerk of the Superior Court of Gordon County, and such copies shall be maintained in the clerk's office for public inspection.

Page 3119

(c) Notice that the annual certified audit has been filed in the clerk's office shall be published in the legal organ of Gordon County. (d) The compensation of such auditor shall be fixed by agreement between the Board of Commissioners and the auditor selected to make such certified audit. The compensation of said auditor, as determined herein, shall be payable from the funds of Gordon County. Section 11. No officer or employee of Gordon County or of any agency thereof shall be interested, directly or indirectly, in any contract made with the county or receive any profit or emolument for any purchase or sale of material or other articles sold to the County or paid for from the public revenues of the County. Nepotism by any official or employee of the County is forbidden. Section 5 . 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. Each department which operates a County fund (except the board of education) shall submit an annual budget to the Board of Commissioners on or before June 1 of each year. The Commissioners shall then review and adopt, or amend, if necessary, and adopt, a budget for the County by November 1 of each year, which, when so adopted, shall constitute the Board of Commissioners' appropriation of all funds for the next calendar year. A copy of the budgets submitted to the Board of Commissioners by June 1 of each year and any amendments thereto adopted by the Board of Commissioners shall be submitted to the September session grand jury for review and comments by said grand jury. In the event there is a need for a supplemental appropriation, the justification therefor shall be presented to the grand jury in session for review and comment prior to its adoption. The Board of Commissioners shall publish the budget and approved supplemental appropriation in the official organ of Gordon County within ten days after adoption. Budget.

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Section 6 . Said Act is further amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16 to read as follows: Section 16. The Board of Commissioners is hereby authorized to appoint a clerk, who shall serve at the pleasure of the Commissioners. The clerk shall receive such compensation as shall be fixed by the Board of Commissioners, and such compensation shall be payable in equal monthly installments from the funds of Gordon County. It shall be the duty of the clerk to keep a book of minutes and other records and do such clerical work as is necessary in carrying out the work of his office. The Board of Commissioners are hereby authorized to employ such additional office personnel as they deem necessary. Clerk. 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 1976 session of the General Assembly of Georgia, a bill to amend the Act creating the Board of Commissioners of Gordon County; and for other purposes. This 5th day of January, 1976. Tom L. Shanahan Representative, 7th District James B. Langford Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of

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Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following dates: January 14, 21, 28, 1976. /s/ Tom L. Shanahan Representative, 7th District Sworn to and subscribed before me, this 2nd day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. CERTAIN COUNTY CORONERSSALARIES CHANGED. (55,110 - 58,000). No. 1056 (House Bill No. 1669). An Act to amend an Act changing the compensation of the coroner in certain counties of this State, approved March 29, 1973 (Ga. L. 1973, p. 2524), so as to change the compensation of the coroner 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 . An Act changing the compensation of the coroner in certain counties of this State, approved March 29, 1973 (Ga. L. 1973, p. 2524), is hereby amended by striking from section 1 the following: twenty four hundred ($2,400.00) dollars, and inserting in lieu thereof the following:

Page 3122

thirty-six hundred ($3,600.00) dollars, so that when so amended, section 1 shall read as follows: Section 1. The coroners of all counties of this State having a population of not less than 55,110 and not more than 58,000 according to the United States decennial census of 1970 or any future such census shall receive an annual salary of thirty-six hundred ($3,600.00) dollars to be paid in equal monthly installments from the funds of such counties. Said salary shall be in lieu of all fees or other emoluments or compensation. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia local legislation to change the compensation of the coroner of Lowndes County to $3,600.00 annually. This 8th day of January, 1976. Lowndes County, acting by and through its Board of Commissioners 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

Page 3123

newspaper in the following issues, namely: January 16, 23 and 30, 1976. /s/ Tenny S. Griffin Sworn to and subscribed before me, this 2 day of January, 1976. /s/ Oris D. Blackburn, Jr. Notary Public, Lowndes County, Georgia. My Commission Expires July 9, 1978. (Seal). Approved March 24, 1976. CERTAIN COUNTY SHERIFFSSALARIES CHANGED, ETC. (10,600 - 10,900). No. 1057 (House Bill No. 1690). An Act to amend an Act entitled 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., approved April 24, 1975 (Ga. L. 1975, p. 4537), so as to provide for the salary of the sheriff in 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 that the governing authority of said county shall review such salaries in January of each year and may increase same over the limit herein provided for; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act entitled 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., approved April 24, 1975 (Ga. L. 1975, p. 4537), is hereby amended by striking from section 1 the following: an annual salary of $12,000.00, and inserting in lieu thereof the following: a minimum salary of $12,000.00, and by adding at the end of said section the following: The county governing authority shall review such salary in January of each year and may increase same over the limit herein provided for., so that when so amended, section 1 shall read as follows: 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 a minimum salary of $12,000.00 in equal monthly installments from county funds. The county governing authority shall review such salary in January of each year and may increase same over the limit herein provided for. Sheriff. Section 2 . Said Act is further amended by striking from the first sentence of section 2 the following: $650.00 per month, and inserting in lieu thereof the following: a minimum of $650.00 per month,

Page 3125

and by striking from the third sentence of said section, the following: a salary of $600.00 per month, and inserting in lieu thereof the following: a minimum salary of $600.00 per month, and by adding at the end of said section the following: The county governing authority shall review such salary in January of each year and may increase same over the limit herein provided for., so that when so amended, section 2 shall read as follows: 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 a minimum of $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 agree to. Such other salaried deputies shall receive a minimum 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. The county governing authority shall review such salary in January of each year and may increase same over the limit herein provided for. Chief deputy sheriff. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976.

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LOWNDES COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGED, ETC. No. 1058 (House Bill No. 1693). An Act to amend an Act creating the Board of Commissioners of Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2975), so as to change the provisions relative to the chairman; to change the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2975), is hereby amended by striking in its entirety section 2 of said 1972 amendatory Act, which reads as follows: Section 2. On and after the effective date of this Act, the person holding or elected to position one on the board shall be chairman of the board of commissioners., and inserting in lieu thereof a new section 2 to read as follows: Section 2. The present chairman of the board of commissioners shall serve as chairman through December 31, 1976. At the first meeting of the board of commissioners in January, 1977, and at the first meeting in January of each year thereafter, the members of the board shall elect from their membership one member to serve as chairman for a term of one year. Chairman. Section 2 . Said Act is further amended by striking from section 4 of said 1972 amendatory Act the following: $300.00,

Page 3127

and inserting in lieu thereof the following: $450.00, and striking therefrom the following: $250.00, and inserting in lieu thereof the following: $400.00, so that when so amended, section 4 shall read as follows: Section 4. On and after the effective date of this Act, the chairman of the board shall be compensated in the amount of $450.00 per month, and each of the other members of the board shall be compensated in the amount of $400.00 per month. In the event that the chairman or any other board member shall go without the limits of the county in the discharge of his duties, he shall be paid the actual expenses incurred, in addition to the aforesaid compensation. Salaries. Section 3 . The provisions of section 2 of this Act shall become effective January 1, 1977. The remaining provisions of this Act shall become effective upon their approval by the Governor or upon their 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. Georgia, Lowndes County. Notice is hereby given that there will be introduced at the 1976 Session of the General Assembly of Georgia local legislation to change the compensation of the members of the Board of Commissioners and to repeal the section of the

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existing law designating the person elected to position one to serve as chairman of the Board of Commissioners. This 11th of January, 1976. Lowndes County Acting by and through its Board of Commissioners 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 16, 23 and 30, 1976. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 31 day of January, 1976. /s/ Oris D. Blackburn, Jr. Notary Public, Lowndes County, Georgia. My Commission Expires July 9, 1978. (Seal). Approved March 24, 1976. FORSYTH COUNTY TAX COMMISSIONERPERSONNEL PROVISIONS CHANGED. No. 1059 (House Bill No. 1696). An Act to amend an Act providing an annual salary for the Tax Commissioner of Forsyth County in lieu of the fee system of compensation, approved April 3, 1972 (Ga. L. 1972, p. 3511), so as to change the provisions relative to

Page 3129

the personnel employed by the Tax Commissioner; 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 providing an annual salary for the Tax Commissioner of Forsyth County in lieu of the fee system of compensation, approved April 3, 1972 (Ga. L. 1972, p. 3511), is hereby amended by adding a new section between sections 4 and 5 to be designated section 4A to read as follows: Section 4A. Notwithstanding the provisions of section 4 of this Act, the minimum salary for the Tax Commissioner's deputy shall be $6,500.00 per annum, and the minimum salary for the Tax Commissioner's clerks shall be $5,200.00 per annum for each such clerk. The compensation of such employees shall be paid in equal monthly installments from the funds of Forsyth County. Increases in the compensation of the employees provided for herein and the employment of additional personnel and their compensation shall be as provided in section 4 of this Act. Personnel. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1976, session of the Georgia General Assembly, legislation to change the method for setting the compensation of non-elected employees of the offices of Clerk of the Superior Court, Sheriff, Probate Court, Tax Commissioner and Board of Commissioners of Forsyth County, Georgia. This 30th day of December, 1975. Emory Lipscomb County Attorney, Forsyth County, Georgia

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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 Forsyth County News which is the official organ of Forsyth County, on the following dates: January 7, 14, 21, 1976. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. FORSYTH COUNTY SUPERIOR COURT CLERK, ETC.PERSONNEL PROVISIONS CHANGED. No. 1060 (House Bill No. 1697). An Act to amend an Act changing the compensation of certain county officers of Forsyth County, approved February 28, 1966 (Ga. L. 1966, p. 2292), as amended by an Act approved February 21, 1969 (Ga. L. 1969, p. 2033), and by an Act approved April 3, 1972 (Ga. L. 1972, p. 3517), so as to change the provisions relative to the personnel of the Clerk of the Superior Court, Sheriff and Judge of the Probate Court of Forsyth County; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act changing the compensation of certain county officers of Forsyth County, approved February 28, 1966 (Ga. L. 1966, p. 2292), as amended by an Act approved February 21, 1969 (Ga. L. 1969, p. 2033), and by an Act approved April 3, 1972 (Ga. L. 1972, p. 3517), is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. (a) The Clerk of the Superior Court shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. Except as otherwise provided by subsection (b) of this section, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the Clerk of the Superior Court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Clerk. (b) The minimum salary of the deputy Clerk of the Superior Court shall be $6,500.00 per annum and the minimum salary of assistant Clerks of the Superior Court shall be $5,200.00 per annum for each such clerk. Such salaries shall be paid in equal monthly installments from the funds of Forsyth County. Increases in the compensation of such personnel and the employment and compensation of additional personnel shall be as provided by subsection (a) of this section. 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:

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Section 6. (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. 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. Except as otherwise provided by subsection (b) of this section, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the Sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Sheriff. (b) The minimum salaries of the personnel of the Sheriff's office shall be as follows: One chief deputy at $9,160.32 per annum Deputies $7,800.00 per annum for each deputy Investigators $7,800.00 per annum for each investigator Clerks $6,500.00 per annum for each clerk Part-time deputies $3,900.00 per annum for each deputy Dispatchers $5,200.00 per annum for each dispatcher Part-time dispatchers (approximately 30 hours weekly) $3,900.00 per annum for each dispatcher Part-time dispatchers (approximately 12 hours weekly) $1,560.00 per annum for each dispatcher

Page 3133

The salaries of such personnel shall be paid in equal monthly installments from the funds of Forsyth County. Any increases in such compensation and the employment and compensation of additional personnel shall be as provide in subsection (a) of this section. Section 3 . Said Act is further amended by striking section 11 in its entirety and substituting a new section 11 to read as follows: Section 11. (a) The Judge of the Probate Court shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. Except as otherwise provided by subsection (b) of this section, 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 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. Probate court. (b) The minimum salary of the deputy of the Judge of the Probate Court shall be $6,500.00 per annum, and the minimum salary for such Judge's clerks shall be $5,200.00 per annum for each such clerk. The compensation of such employees shall be paid in equal monthly installments from the funds of Forsyth County. Any increase in such compensation and the employment and compensation of additional personnel shall be as provided in subsection (a) of this section. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1976, session of the Georgia General Assembly, legislation to change the method for setting the compensation of non-elected employees of the offices of Clerk of the Superior Court, Sheriff, Probate Court, Tax Commissioner and Board of Commissioners of Forsyth County, Georgia. This 30th day of December, 1975. Emory Lipscomb County Attorney, Forsyth County, Georgia 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 Forsyth County News which is the official organ of Forsyth County, on the following dates: January 7, 14, 21, 1976. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

Page 3135

CARROLL COUNTY CORONERMILEAGE ALLOWANCE PROVIDED. No. 1062 (House Bill No. 1718). An Act to amend an Act placing the Coroner of Carroll County on an annual salary in lieu of fees, approved April 17, 1973 (Ga. L. 1973, p. 2924), so as to change the compensation of the Coroner; to provide a mileage allowance for 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 Carroll County on an annual salary in lieu of fees, approved April 17, 1973 (Ga. L. 1973, p. 2924), is hereby amended by striking in section 2, the following: $100.00, and substituting in lieu thereof, the following: $150.00, and by adding at the end thereof the following: In addition thereto, said Coroner shall receive monthly from the general funds of Carroll County twelve cents (12) per mile for the use of his personal automobile in making his rounds., so that when so amended, section 2 shall read as follows: Section 2. The Coroner of Carroll County shall receive a monthly salary of $150.00, payable monthly from county funds. In addition thereto, said Coroner shall receive monthly from the general funds of Carroll County twelve cents (12) per mile for the use of his personal automobile in making his rounds. Section 2 . This Act shall become effective on the first

Page 3136

day of the 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 Legislative Intent Notice is hereby given that local legislation will be introduced in the 1976 session of the Georgia General Assembly that will set the salary of the Carroll County Coroner at $150 per month effective for the term of office beginning in January, 1977. Tom Glanton Representative, Ralph Parkman Representative, Senator J. Ebb Duncan Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian legal organ for Carroll County. The following dates, to-wit: January 8, January 15, January 22. Sworn to on the 22nd day of January, 1976. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me on the 22nd day of January, 1976. /s/ Carolyn Sullivan Notary Public. Approved March 24, 1976.

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CERTAIN COUNTIES CONTAINING CERTAIN CITIESMEETINGS REQUIRED (CITIES OF 400,000 OR MORE). No. 1066 (House Bill No. 1782). An Act to require representatives of the governing authority of any county in this State which contains the smaller portion of the population of a city with a total population of 400,000 or more according to the United States Decennial Census of 1970, or any future such census, to meet annually with representatives of the governing authority of any such city; to provide for the agreement between such representatives on certain matters; to require such agreement to be in writing; to provide for the first such meeting; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Representatives of the governing authority of any county in this State which contains the smaller portion of the population of a city with a total population of 400,000 or more according to the United States Decennial Census of 1970, or any future such census, shall meet annually, prior to January 1, with representatives of the governing authority of such city to develop an agreement between the governing authorities on the following matters: (a) the services to be provided during the following calendar year by the county and by the city to the portion of the city that lies within the county; (b) the method of dispatching services during the following calendar year to the portion of the city that lies within the county. Agreement on this matter shall provide a uniform procedure for dispatching services and shall include an agreement as to all street addresses in such portion of the city. Section 2 . Any agreements developed pursuant to section 1 shall be in writing.

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Section 3 . The first annual meeting required by this Act shall be held prior to January 1, 1977. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. CITY OF LITHONIACHARTER AMENDEDFINESRECORDER'S COURT No. 1067 (House Bill No. 1933). An Act to amend an Act creating and establishing a new charter for the City of Lithonia, as approved August 4, 1913 (Ga. L. 1913, p. 928), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2295), so as to change the amount of the fines which may be imposed by the recorder's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a new charter for the City of Lithonia, as approved August 4, 1913 (Ga. L. 1913, p. 928), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2295), is hereby amended by striking from the first sentence of section 19 thereof the following: Be it further enacted, That the, and inserting in lieu thereof the following: The, and by striking from the first sentence of section 19 the following: two hundred ($200.00),

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and inserting in lieu thereof the following: five hundred ($500.00), so that when so amended said section shall read as follows: Section 19. The recorder or mayor or mayor pro tem, or any member of the city council in the recorder's court shall have power to impose fines for the violation of any law or ordinance of the City of Lithonia to an amount not exceeding five hundred ($500.00) dollars, or to imprison offenders in the city jail for a period of not more than ninety (90) days, or to labor on the public works or streets in the city chain gang for not more than ninety (90) days, any or all, both fine and imprisonment and labor, in the discretion of the recorder. He shall also have the same power as judges of the superior courts of this State for contempts by a fine not to exceed fifty ($50.00) dollars, or imprisonment in the city jail not to exceed fifteen (15) days. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force of said city, and to try and commit the offenders to the jail of DeKalb County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Fines. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Apply For Local Legislation. Notice is hereby given of the intention to apply during the 1976 session of the General Assembly of Georgia for an act to amend the Charter of the City of Lithonia, so as to change the amount of fines and length of incarceration which can be imposed by the Recorder's Court, and for other purposes. This 12th day of January, 1976. Duncan Cameron Mayor, City of Lithonia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 15, 22, 29, 1976. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. COLUMBIA COUNTY BOARD OF COMMISSIONERSELECTION PROVISIONS CHANGED. No. 1068 (House Bill No. 2025). An Act to amend an Act creating the Board of Commissioners of Columbia County, approved August 18, 1927 (Ga. L. 1927, p. 549), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2808), so as to change the manner of electing the chairman of the board of commissioners of roads and revenues of Columbia County; 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

Page 3141

of Columbia County, approved August 18, 1927 (Ga. L. 1927, p. 549), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2808), is hereby amended by striking from section 2a the second sentence thereof which reads as follows: In order to be elected chairman, a candidate must receive a majority of the votes cast for candidates offering for election from his road district and at the same time receive the highest number of votes cast for candidates offering as chairman., and substituting in lieu thereof the following: In order to be elected chairman a candidate must be elected commissioner from the district in which his legal residence lies and must receive the highest number of votes cast for candidates offering as chairman; provided, nothing herein shall require said candidate to receive a majority of the votes cast for candidates offering for election from his road district., so that when so amended section 2a shall read as follows: Section 2a. Candidates offering for election to the board who wish to serve as chairman shall qualify with the judge of the probate court by indicating their intention to offer for election as chairman of the board of commissioners of roads and revenues of Columbia County. In order to be elected chairman a candidate must be elected commissioner from the district in which his legal residence lies and must receive the highest number of votes cast for candidates offering as chairman; provided, nothing herein shall require said candidate to receive a majority of the votes cast for candidates offering for election from his road district. The chairman shall serve as such for a four (4) year term of office. In the event a chairman shall not be elected as provided for above, at the first meeting of the board held after their election, the commissioners shall elect one of their number to serve as chairman for the next ensuing four (4) years. In the event a vacancy occurs in the office of chairman of the board of commissioners of Columbia County by reason of death,

Page 3142

resignation, disability, or from other cause following any special election to fill a vacancy on the board of county commissioners, the members of the board of commissioners shall elect from among their membership a person to serve as chairman of the board for the remainder of the unexpired term of office. Election. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an act creating the Board of Commissioners of Columbia County approved October 18, 1927, Ga. L. 1927 p. 549 as amended so as to change the provisions relating to the election of the chairman of the Board of Commissioners and for other purposes. This 2nd day of February, 1976. Ray D. 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 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: February 4, 11, 18, 1976. /s/ Ray D. Owens Representative, 77th District

Page 3143

Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. CITY OF ALBANYCHARTER AMENDEDCERTAIN PARK JURISDICTION PROVIDED. No. 1069 (House Bill 2026). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to give to the City of Albany jurisdiction and authority over certain properties heretofore conveyed by the State of Georgia to the City of Albany known as Chehaw Park, located partly in Dougherty County and partly in Lee County beyond the corporate limits of the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by adding a new subparagraph at the end of section 34 to be numbered subparagraph (23), to read as follows: (23) The City of Albany shall have jurisdiction and authority over that certain tract or parcel of land lying beyond the corporate limits of the City of Albany, partly in Dougherty County and partly in Lee County, Georgia, which was formerly Chehaw State Park, heretofore conveyed by the State of Georgia to the City of Albany, upon which are being operated recreational facilities and park

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facilities and upon which there is under construction Chehaw Wild Animal Park. The jurisdiction and authority herein granted shall, without limiting the generality of the foregoing, include the power to adopt ordinances establishing rules and regulations for the conduct of persons and vehicles thereon, and relating to access to and use of the same, and to provide punishment for the violation thereof. Police officers of the City of Albany shall have the power to make arrests and issue and serve summons and citations for the violation of said ordinances, rules and regulations, and the recorder of the City of Albany shall have jurisdiction to try said violations. 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 1976 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Albany approved August 18, 1923 (Ga. L. 1923, pp. 366 et seq.), as amended, so as to give the City of Albany jurisdiction and authority over parks, playgrounds, zoos, recreational facilities, utility properties, lines, rights of ways, installations and other buildings, properties and facilities, owned, leased, possessed, used or operated by the City beyond the corporate limits of the City, in whole or in part, whether within or without Dougherty County. This 2nd day of February, 1976. James V. Davis City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. 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

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Albany Herald which is the official organ of Dougherty Lee County, on the following dates: February 4, 11, 18, 1976. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. LINCOLN COUNTY TAX COMMISSIONER PLACED ON SALARY. No. 1070 (House Bill No. 2031). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2604), so as to place the tax commissioner on an annual salary; to provide for clerical help; to provide for public funds and fees; to provide 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 Lincoln County into the office of Tax Commissioner of Lincoln County, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2604), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows:

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Section 4. (a) 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 Lincoln County. Salary. (b) All fees, commissions, costs, fines, emoluments and perquisities of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Lincoln County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed, itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended; provided, however, that the tax commissioner shall be entitled to 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. (c) The tax commissioner shall have the authority to appoint clerical personnel to assist him in carrying out the duties of his office, with the approval of the governing authority of Lincoln County; provided, however, that the total compensation of all such clerical personnel shall not exceed $4,000.00. Section 2 . This Act shall become effective on January 1, 1977. 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. At the request of the Grand Jury sitting at the January Term, 1976, of Lincoln Superior Court, notice is hereby

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given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Session, Page 2604), so as to provide an annual salary for said officer in lieu of the fee system of compensation; to provide for other matters relative thereto; and for other purposes. This 2nd day of February, 1976. Ben B. 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 The Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 5, 1976, February 12, 1976, February 19, 1976. /s/ Ben Barron Ross Representative 76th District Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 24, 1976.

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WARREN COUNTY PROBATE COURTCLERICAL ASSISTANCE PROVIDED. No. 1071 (House Bill No. 2032). An Act to amend an Act providing for the compensation of the Judge of Probate Court of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), as amended, particularly by an Act approved March 11, 1963 (Ga. L. 1963, p. 2166), so as to authorize the judge of probate court to employ clerical help; to provide for the compensation and duties of such clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the compensation of the Judge of Probate Court of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), as amended, particularly by an Act approved March 11, 1963 (Ga. L. 1963, p. 2166), is hereby amended by striking in its entirety section 3 of said 1963 amendatory Act and inserting in lieu thereof a new section 3 to read as follows: Section 3. The judge of probate court shall hire such clerical help as shall be necessary to efficiently perform the duties of his office and set the compensation therefor which shall be paid from the funds of Warren County; provided, that said county shall not be liable for a sum in excess of $6,000.00 per annum for such clerical help; provided, further, that the Board of Commissioners of Warren County may appropriate such other sums for the payment of compensation for clerical help as it deems necessary. Clerical assistance. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend an Act providing for the compensation of the Judge of the Probate Court of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), as amended so as to provide for the compensation of the personnel for said officer, to provide for other matters relative thereto; and for other purposes. This 2nd day of February, 1976. Ben Barron Ross Representative, 76th District Affidavit 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: February 6, 1976, February 13, 1976, February 20, 1976. Sworn to on the 20th day of February, 1976. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 20th day of February, 1976. /s/ Jean H. Yount Notary Public My Commission Expires January, 1977. Approved March 24, 1976.

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CITY OF CONCORDCHARTER AMENDEDOFFICIALS' TERMS CHANGED, ETC. No. 1073 (House Bill 2036). An Act to amend an Act incorporating the City of Concord, approved July 29, 1914 (Ga. L. 1914, p. 658), as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 2281), so as to provide for the office, election, qualification, term, vacancy, and removal of Mayor; to provide for the offices, election, qualifications, and terms of Councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Concord, approved July 29, 1914 (Ga. L. 1914, p. 658), as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 2281), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. (a) An election under this Act shall be held at such time and place as may be designated by the present Mayor and Council, in the City of Concord on the first Saturday in August, 1914, and every year thereafter, for a Mayor and five Councilmen, to serve for the terms provided for herein, and until their successors are elected and qualified. (b) To be eligible for the office of Mayor, a person must meet the requirements of a qualified elector for members of the General Assembly as prescribed by State law, must have been a bona fide resident of the City of Concord for three months next preceding the election in which he offers as a candidate, and must have no debts outstanding against him in favor of the City. The term of office of Mayor shall be two (2) years. If at any time after his election a Mayor or Mayor-elect shall be convicted by a court of competent jurisdiction of a crime involving moral turpitude, the office shall be declared by the Council to be vacant and shall be filled in the manner prescribed for filling vacancies occurring in the office of Mayor or Councilman.

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(c) The qualifications for the office of Councilman shall be the same as those prescribed for the office of Mayor. The term of the office of Councilman shall be two (2) years. Provided, however, in the first election held under this Act, the two candidates receiving the highest number of votes shall serve for two years, and the remaining three elected shall serve for one year in order that terms will be staggered. In the event of a tie, the Council shall determine by lot, upon taking office, who is to serve the one year terms. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to amend an Act creating a charter for the City of Concord, Pike County, Georgia, approved July 29, 1914 (Ga. L. 1914, p. 658), so as to change the provisions relative to the terms of the mayor and councilmen of the City of Concord; and for other purposes. This 16th day of January, 1976. 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 the 79th 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 22, 29 and February 5, 1976. /s/ Marvin Adams Representative, 79th District

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Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. SUMTER COUNTYSUPERIOR AND STATE COURTSCLERKSSALARIES INCREASED, ETC. No. 1074 (House Bill No. 2044). An Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. L. 1957, p. 2095), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3014), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3367), so as to increase the compensation of the clerk and deputy clerks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. L. 1957, p. 2095), as amended, particulary by an Act approved April 5, 1971 (Ga. L. 1971, p. 3014), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3367), is hereby amended by striking in section 2 the following: ten thousand ($10,000.00) dollars, and substituting in lieu thereof, the following:

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$13,649.82, so that when so amended, section 2 shall read as follows: Section 2. The clerk of the courts enumerated in section 1 shall be paid an annual salary of $13,649.82, which salary shall be payable in monthly installments from the funds of Sumter County, Georgia, by the person or persons charged by law with the responsibility of paying out funds of said county. Salary. Section 2 . Said Act is further amended by striking in section 7, the following: Clerk I $6,200.00 per year Clerk II $4,800.00 per year, and substituting in lieu thereof, the following: Clerk I $6,634.00 per year Clerk II $5,136.00 per year, so that when so amended, section 7 shall read as follows: Section 7. The employees of the clerk of the courts enumerated in section 1 shall be paid annual salaries, payable in equal monthly installments, out of funds of Sumter County as follows: Clerk I $6,634.00 per year Clerk II $5,136.00 per year. Section 3 . This Act shall become effective on April 1, 1976. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1976 Session of the General Assembly of Georgia a bill to provide a cost of living increase in compensation by 7 percent for the Clerk and Deputy Clerks of the Sumter County Superior Court; and for other purposes. This 3rd day of Feb., 1976. Oliver Oxford Representative, 116th District Hugh A. Carter Senator, 14th District Sue R. Smith Probate Judge, Sumter County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Oliver Oxford who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County, on the following dates: February 6, 13, 20, 1976. /s/ Oliver Oxford Representative, 116th District Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

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CERTAIN COUNTIESCERTAIN OFFICIALS AND PERSONNELSALARIES CHANGED (145,000-165,000) No. 1075 (House Bill No. 2045). An Act to provide and fix the compensation of certain elected officials in counties of this State having a population of not less than 145,000 nor more than 165,000 according to the 1970 United States Decennial Census, or any future such census; to provide for the employment and compensation for personnel of certain elected officials; to provide that the Judge of the State Court in such counties shall not be permitted to engage in the private practice of law; 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 . In all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census or any future such census, the following elected officials in such counties shall receive a monthly salary as provided: Clerk of Superior Court $1,516.66 Judge of Probate Court $1,583.33 Tax Commissioner 1,458.33 Judge of State Court 2,080.00 Solicitor of State Court 1,250.00 Coroner 750.00 Judge of Civil Court 1,604.16 Associate Judge of Civil Court 1,208.33 Chairman, Board of Commissioners 700.00 County Commissioners 500.00 District Attorney 469.16 Judges of the Superior Court 807.85

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Provided, however, that the Judge of the State Court shall not be permitted to engage in the private practice of law. Section 2 . Each of the Clerks of Superior Court in such counties shall be authorized to employ the following number of personnel and to fix such personnel's monthly compensation at a figure not to exceed the following: 1 Porter $240.00 1 Real Estate Court Clerk I 440.21 2 Real Estate Court Clerk II 531.16 1 Chief Clerk of Court 940.00 4 Clerks of Court 674.00 2 Clerk I 394.00 3 Clerk II 430.00 2 Clerk II 486.46 2 Clerk II 510.00 1 Clerk III 538.56 1 Clerk III 554.61 1 Personalty Clerk 554.61 1 Microfilm Technician 544.59 1 Assistant Microfilm Technician 449.00 1 Accounting Clerk I 470.00 1 Janitor 188.57. Section 3 . Each of the Probate Judges in such counties shall be authorized to employ the following number of personnel and to fix such personnel's monthly compensation at a figure not to exceed the following: 1 Chief Clerk of Court $840.00 5 Clerks of Court 683.00 4 Deputy Clerks From 470.00 To 540.00.

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Section 4 . Each of the Tax Commissioners in such counties shall be authorized to employ the following number of personnel and to fix such personnel's monthly compensation at a figure not to exceed the following: Tax Commissioner's Office 1 Deputy Tax Commissioner $840.00 1 Chief Clerk 645.00 1 Clerk Stenographer 537.00 8 Tax Clerk I 491.00 Tax Office 1 Deputy Tax Commissioner $840.00 1 Assistant Deputy Supervisor Truck Department 615.00 4 Tax Clerk II 513.00 1 Chief Cashier 537.00 1 Chief Clerk 562.00. Section 5 . Each of the Judges of State Court and Solicitors of State Court shall be authorized to employ the following number of personnel and to fix such personnel's monthly compensation at a figure not to exceed the following: Assistant Solicitor of State Court $710.00 1 Cheif Probation Officer 824.33 1 Administrative Assistant 840.00 2 Cheif Typist II, not less than 491.00 nor more than 537.00 2 Clerk Typist I 449.00 1 Judge's Secretary 638.00 1 Court Reporter 590.00

Page 3158

The salary of Clerk Typist II shall be fixed within the limit specified above by the Judge of such State Court. Section 6 . Each of the Coroners in such counties shall be authorized to employ the following number of personnel and to fix such personnel's monthly compensation at a figure not to exceed the following: 1 Assistant Coroner $206.67 1 Medical Examiner 470.50 1 Secretary 436.50. Section 7 . Each of the Judges of the Civil Court and Associate Judges of the Civil Court shall be authorized to employ the following number of personnel and to fix such personnel's monthly compensation at a figure not to exceed the following: 1 Clerk $840.00 1 Chief Deputy Clerk 675.00 6 Deputy Clerks 565.00 1 Sheriff 935.00 1 Chief Deputy Sheriff 740.00 11 Deputy Sheriffs 645.00 2 Secretaries 590.00 1 Court Reporter 590.00. Section 8 . This Act shall become effective on April 1, 1976. Effective date. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976.

Page 3159

GLYNN COUNTY STATE COURTCLERK, ETC., SALARY CHANGES. No. 1076 (House Bill No. 2075). An Act to amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3158), so as to change the provisions relating to the compensation of the clerk, chief deputy clerk and deputy clerks of said court; to provide for a chief deputy clerk and the number of deputy clerks; to provide for the appointment of such chief deputy clerk and deputy clerks; to repeal certain provisions of said Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3158), is hereby amended by striking section 11 (a) in its entirety and substituting in lieu thereof a new section 11 (a) to read as follows: Section 11. (a) The clerk of said court shall be paid a salary in the amount of $14,000.00 per annum. The chief deputy clerk shall be paid a salary of not less than $8,400.00 nor more than $12,000.00 per annum, and each deputy clerk shall be paid a salary of not less than $4,800.00 nor more than $8,400.00 per annum. There shall be a chief deputy clerk and four (4) deputy clerks. The exact amount of the salary of each deputy clerk and the chief deputy clerk shall be fixed by the clerk of said court. The chief deputy clerk shall be charged with the responsibility of keeping the official records of the court. The chief deputy and other deputy clerks shall be appointed only by the clerk of said court. All of said salaries shall be paid in equal monthly installments out of the treasury of Glynn County. Clerk.

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Section 2 . Said Act is further amended by striking section 11 (b) in its entirety, which reads as follows: (b) The sheriff of said court shall be paid a salary in the amount of $5,400.00 per annum. His chief deputy shall be paid a salary of $3,750.00 per annum. The senior deputy sheriff shall be paid a salary of $3,300.00 per annum. There shall be three (3) additional senior deputy sheriffs, each of whom shall be paid a salary of $2,700.00 per annum. There shall be two (2) additional deputy sheriffs, hereby designated as junior deputy sheriffs, each of whom shall be paid a salary of $2,400.00 per annum. There shall be also an office deputy sheriff who shall act as clerk of the sheriff's office and who shall be paid a salary of $2,400.00 per annum. In addition to the salaries paid to said sheriff and his lawful deputies, they shall be paid all necessary and reasonable expenses which they incur in carrying out and performing the duties of their office. Sheriff. Section 3 . Said Act is further amended by striking section 11 (d) in its entirety and substituting in lieu thereof a new section 11 (d), to read as follows: (d) All of said salaries shall be paid in equal monthly installments out of the treasury of Glynn County. Salaries so paid shall be in full compensation of all services of whatever kind and nature rendered by said clerk, deputy clerks and secretary, and shall be in lieu of such fees as are now or hereafter allowed the clerk, deputy clerks and secretary. All such fees and costs shall be paid over to the treasury of Glynn County. 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.

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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a Bill to amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended; to increase the compensation of the Clerk, the Chief Deputy Clerk and Deputy Clerks of said Court; to provide that such Act shall become effective on January 1, 1977; to repeal conflicting laws; and for other purposes. This January 14, 1976. Eugene Highsmith Judge, State Court of Gynn 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 16, 23, 26, 1976. /s/ Eston A. Harden Representative, 154th District Sworn to and subscribed before me, this 25th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

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GRADY COUNTY BOARD OF EDUCATIONCOMPENSATION CHANGESREFERENDUM No. 1077 (House Bill No. 2052). An Act to amend an Act creating a new Board of Education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), so as to change the compensation of the members of the board of education; to provide additional compensation for that member elected to serve as chairman of the board of education; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new Board of Education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), is hereby amended by striking section 3(c) in its entirety, which reads as follows: (c) Each member of the board shall receive the amount of $50.00 for each meeting of the board actually attended by such member, not to exceed two (2) meetings during any single calendar month., and substituting in lieu thereof a new section 3(c), to read as follows: (c) Each member of the board shall receive compensation in the amount of $200.00 per month for attending board meetings and performing those duties and responsibilities incumbent upon a board member. That board member serving as chairman of the board shall receive the additional compensation of $50.00 per month during each month that he shall serve as chairman of the board. Salary. Section 2 . Not less than 5 nor more than 15 days after the date of the approval of this Act by the Governor, of after it otherwise becomes law, it shall be the duty of the Election Superintendent of Grady County to issue the call for an election for the purpose of submitting this Act to the electors of the Grady County School District for approval or rejection

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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 Grady County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the compensation of the members of the Board of Education of Grady 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 on July 1, 1976, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Grady County. It shall be the duty of the 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 regular 1976 session of the General Assembly of Georgia, a bill to amend an Act providing for the compensation of the members of the Board of Education of Grady County, Georgia, approved March 5, 1968, (Ga. L. 1968, p. 2120) so as to change the compensation of each member of the Board of Education and to provide additional compensation for the board member who serves as chairman of the Board; and for other purposes. This 4th day of February, 1976. Bobby Long Representative from Grady County District No. 142

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following dates: February 6, 13, 20, 1976. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me, this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. DOUGHERTY COUNTY SMALL CLAIMS COURT CREATED. No. 1078 (House Bill No. 2057). An Act to create and establish a Small Claims Court in and for Dougherty County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, qualifications, and substitutions of the judge of said court; to provide for the disposition of costs, fees, and charges of said court; to provide for clerks of said court and for their duties; to provide for bailiffs and constables of said court and for their duties; to provide for appeals; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide

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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 validating the acts of said court and the proceedings therein; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court in and for Dougherty County. Such court shall be a separate court from the State Court of Dougherty County, but shall be operated, except as to practice and procedure and appeals, as if it were a division of the State Court of Dougherty County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Creation. Section 2 . The judge of the State Court of Dougherty County shall appoint one of the associate judges of the State Court of Dougherty County to serve as judge of the Small Claims Court of Dougherty County in addition to serving as associate judge of the State Court. Judge. Section 3 . Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the State Court of Dougherty County or any associate judge of the State Court may perform the duties of the judge of the Small Claims Court and shall be substituted in all respects in the place and stead of the judge unable to act. Vacancy.

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Section 4 . The Clerk of the Superior Court of Dougherty County shall be ex officio clerk of the Small Claims Court of Dougherty County, provided any duties herein prescribed to be performed by the clerk may be performed by the judge or any associate judge of the Small Claims Court. Clerk. Section 5 . An accurate record of all costs, fees, forfeitures and charges in said court shall be kept by the clerk of the court, and all costs, fees, and charges of every kind collected by any of the officers of the court shall be immediately turned over to the clerk of the court and entered at once by the clerk on his records, and on or before the tenth day of each month it shall be the duty of the clerk to furnish the Board of Commissioners of Dougherty County a complete, accurate and sworn statement of all such costs, charges, fees, and collections and to pay over all of the monies collected to which the county is entitled, to the treasury of Dougherty County; and such monies so received from the clerk of court shall be held to the credit of the county and paid out on warrant of the Board of Commissioners of Dougherty County. Costs. 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 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.

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(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 fee for such service shall be $1.00 if served by mail and $5.00 if served by an official or person authorized by law to serve process in the superior court. The fee for service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Only one fee shall be charged regardless of the number of parties to be served. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by

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registered or certified mail, the date of mailing shall be the date of service. Section 7 . A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Docket. Section 8 . (a) The plaintiff, when he files his claim, shall pay the sum of $7.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice, and which shall not be refunded. The deposit of costs 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 court 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

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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. 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 State Court of Dougherty County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper

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administration of justice and to accomplish the purposes hereof. Rules. Section 14 . The Sheriff of Dougherty County, or his lawful deputies, shall act as bailiff and constable in and for the Small Claims Court; and they shall do and perform all duties incident to the offices of bailiff and constable. Such offices shall be subject to rule in said court as sheriffs are now or may hereafter be subject to rule in the superior courts. Such officers shall, in addition to the powers conferred on them as sheriffs, have any and all powers and duties now or hereafter provided by law for constables in justice courts in this State. Bailiff. 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 State Court, and the same provisions now provided for by law for appeals to the State Court of Dougherty County, shall be applicable to appeals from the Small Claims Court to the State Court, the same to be a de novo appeal. Appeals shall be filed with the clerk of the Small Claims Court within ten days after the date the judgment is returned. A fee of $7.50 shall be charged for the cost of each appeal. The judge or associate judge of the State Court who acted as judge of the Small Claims Court in the case shall not hear the appeal of the case in State Court. A default judgment shall not be subject to 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

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lieu of any forms now employed and of any form of summons now provided by law: Forms. Small Claims Court of Dougherty County Georgia Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim, and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim, which is to be filed with the court may be verified by the plaintiff or his agent as follows:) County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Sworn and subscribed before me, thisday of, 19.

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Notice. You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofdollars ($), as shown by the foregoing statement. The court will hold a hearing upon this claim onat.m. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. (Seal).

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Section 18 . All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of Commissioners of Dougherty County. They shall also provide a suitable room in the courthouse, or such other convenient place as the Board of Commissioners may provide, for the holding of said court. Courtroom. Section 19 . Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 20 . A summons of garnishment may be served by the sheriff or his deputies, 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

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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 21 . The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Fines. Section 22 . The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage and storage, 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. fa. 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 . This Act shall become effective on March 1, 1977. Effective date. Section 25 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly, a bill to create a Small Claims Court in and for Dougherty County; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 19th day of January, 1976. 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 Dougherty County, on the following dates: January 22, 29, and February 5, 1976. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

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DOUGHERTY COUNTY STATE COURTJURISDICTION CHANGED, ETC. No. 1079 (House Bill No. 2059). An Act to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended by an Act approved December 20, 1898 (Ga. L. 1898, p. 295), an Act approved November 15, 1901 (Ga. L. 1901, p. 93), an Act approved August 5, 1904 (Ga. L. 1904, p. 114), an Act approved August 20, 1906 (Ga. L. 1906, p. 147), an Act approved August 22, 1907 (Ga. L. 1907, p. 129), an Act approved August 14, 1914 (Ga. L. 1914, p. 177), an Act approved August 7, 1915 (Ga. L. 1915, p. 61), an Act approved August 20, 1917 (Ga. L. 1917, p. 211), an Act approved July 19, 1920 (Ga. L. 1920, p. 303), an Act approved July 18, 1925 (Ga. L. 1925, p. 346), an Act approved July 19, 1927 (Ga. L. 1927, p. 378), an Act approved July 29, 1929 (Ga. L. 1929, p. 366), an Act approved February 15, 1933 (Ga. L. 1933, p. 287), an Act approved February 25, 1949 (Ga. L. 1949, p. 2035), an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2161), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2402), an Act approved March 7, 1955 (Ga. L. 1955, p. 2850), an Act approved March 5, 1957 (Ga. L. 1957, p. 2408), an Act approved March 13, 1957 (Ga. L. 1957, p. 3326), an Act approved March 21, 1958 (Ga. L. 1958, p. 2926), an Act approved March 18, 1964 (Ga. L. 1964, p. 3053), an Act approved March 24, 1965 (Ga. L. 1965, p. 2505), an Act approved April 18, 1969 (Ga. L. 1969, p. 2923), an Act approved March 20, 1972 (Ga. L. 1972, p. 2320), an Act approved March 31, 1972 (Ga. L. 1972, p. 3257), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3777), so as to change the civil jurisdiction of said court; to provide that said court shall be a court of record; to provide for the procedure for said court; to provide for six-man juries; to provide for the term of office, manner of election, and time of election of the judge of said court; to provide for vacancies; to change the provision relative to criminal warrants; to provide for the compensation of the judge and associate

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judges of said court; to provide for associate judges; to repeal the provision relative to a judge emeritus of said court; to provide for service of process, procedure, pleading and practice in said court; to provide for costs and fees; to provide 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 Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended by an Act approved December 20, 1898 (Ga. L. 1898, p. 295), an Act approved November 15, 1901 (Ga. L. 1901, p. 93), an Act approved August 5, 1904 (Ga. L. 1904, p. 114), an Act approved August 20, 1906 (Ga. L. 1906, p. 147), an Act approved August 22, 1907 (Ga. L. 1907, p. 129), an Act approved August 14, 1914 (Ga. L. 1914, p. 177), an Act approved August 7, 1915 (Ga. L. 1915, p. 61), an Act approved August 20, 1917 (Ga. L. 1917, p. 211), an Act approved July 19, 1920 (Ga. L. 1920, p. 303), an Act approved July 18, 1925 (Ga. L. 1925, p. 346), an Act approved July 19, 1927 (Ga. L. 1927, p. 378), an Act approved July 29, 1929 (Ga. L. 1929, p. 366), an Act approved February 15, 1933 (Ga. L. 1933, p. 287), an Act approved February 25, 1949 (Ga. L. 1949, p. 2035), an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2161), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2402), an Act approved March 7, 1955 (Ga. Laws 1955, p. 2850), an Act approved March 5, 1957 (Ga. L. 1957, p. 2408), an Act approved March 13, 1957 (Ga. L. 1957, p. 3326), an Act approved March 21, 1958 (Ga. L. 1958, p. 2926), an Act approved March 18, 1964 (Ga. L. 1964, p. 3053), an Act approved March 24, 1965 (Ga. L. 1965, p. 2505), an Act approved April 18, 1969 (Ga. L. 1969, p. 2923), an Act approved March 20, 1972 (Ga. L. 1972, p. 2320), an Act approved March 31, 1972 (Ga. L. 1972, p. 3257), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3777), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof, the following:

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Section 2. The State Court of Dougherty County and the judge and associate judges thereof shall have all powers to do all acts which justices of the peace are now or may hereafter be authorized to do under the laws of Georgia, shall have jurisdiction as to subject matter to try and dispose of all cases wherein by law jurisdiction is conferred upon justices of the peace and justice courts, and said jurisdiction therein and thereover as to the amount shall extend to all cases wherein the principal amount shall be five thousand dollars ($5,000.00) or less. The court shall be a court of record and all proceedings and procedures not limited to but including those relative to pleadings, issuance of summons and warrants, committal hearings, trial by the court, trial by jury and appeal and certiorari shall be the same as is now or may hereafter be provided for superior courts under the laws of this State, except as otherwise provided by law. Juries for the trial of civil and criminal cases by the court shall be composed of six jurors. Except as otherwise provided herein, the procedures for the summoning, drawing, empaneling and selection of jurors for the trial of cases shall be the same as is provided for the superior courts. The judge of the State court at each term shall have made up from the petit jurors two panels of six jurors each which shall be known and distinguished as panels `number 1' and `number 2'. The prosecuting attorney and the accused or the plaintiff and defendant may select either panel of the petit jury. If they shall not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels from which the parties or their attorneys may strike alternately until there shall be but six left which shall constitute the jury to try the case. In all civil cases the Plaintiff shall have the first strike and in all criminal cases the State shall have the first strike. Powers. Section 2 . Said Act is further amended by striking in section 3 the following: Juries for the trial of such offenses shall be composed of six jurors. Except as otherwise provided herein, the procedures for the summoning, drawing, empaneling and selection of jurors for the trial of such misdemeanor cases shall be the same as is provided for the superior courts. The

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prosecuting attorney and the accused may select either panel of the petit jury. If they shall not agree upon a panel, the court shall have a panel made up of twelve petit jurors in attendance, of which the accused shall have the right to challenge three peremptorily, and the State three. The remaining six shall constitute the jury., so that when so amended, section 3 shall read as follows: Section 3. The State Court of Dougherty County shall have concurrent jurisdiction with the Superior Court of Dougherty County of all misdemeanor criminal offenses committed within Dougherty County. Misdemeanors. 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 judge of the court in office on the effective date of this section shall serve out his term expiring in 1977. His successor shall be elected to a term expiring on January 1, 1981. Beginning with the general election in 1980 the judge shall be elected at the same time and in the same manner as county officers of Dougherty County and shall serve a four-year term beginning on January 1 of the year following his election. Should any vacancy occur in the office of judge, the Governor shall, by appointment, fill such vacancy until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. All judges elected hereunder shall hold office until their successors are elected and qualified to serve. Judge. Section 4 . Said Act is further amended by striking the second paragraph of section 6 in its entirety and substituting in lieu thereof a new second paragraph of section 6 to read as follows: In the absence of the Judge of the State Court of Dougherty County or during his temporary inability to act, and during the absence of all associate judges qualified to

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act, it shall be the duty and responsibility of the judges of the superior court to issue such criminal warrants as may be required; and, under these circumstances, it shall be the further duty and responsibility of the superior court judges to hold such commitment trials as may be required. Vacancy. Section 5 . Said Act is further amended by striking section 10, which reads as follows: Section 10. The judge of said court shall receive a salary in the amount of $22,000 per annum which shall be paid monthly out of the treasury of Dougherty County., and substituting in lieu thereof a new section 10, to read as follows: Section 10. The judge of the court shall receive an annual salary in the amount of $25,000. Such salary shall be paid in equal monthly installments from the funds of Dougherty County. The governing authority of Dougherty County may supplement the salary provided in this section. 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 judge of the court shall have the power, at his discretion, to appoint practicing attorneys, who shall be residents of Dougherty County, to serve as associate judges of the State Court of Dougherty County, to discharge such duties of his office as he shall delegate. When the appointments of such attorneys as associate judges, together with their oaths, which shall be the same as is required of the judge of said court, have been recorded in the office of the judge of the probate court of said county, such associate judges may exercise all the powers of the Judge of the State Court of Dougherty County. Such appointments may be vacated at any time by order of the judge of said court, to be likewise recorded. The governing authority of Dougherty County shall determine the number and compensation of such associate judges. Said compensation shall be an expense of the county and shall be paid from the funds of Dougherty County available for such purposes. Associate judges.

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Section 7 . Said Act is further amended by striking section 11A in its entirety, which reads as follows: Section 11A. There is hereby created the office of judge emeritus of the State Court of Dougherty County. To be eligible for appointment as a judge emeritus of the State Court of Dougherty County, a person shall have completed 50 years of service as a Judge of the State Court of Dougherty County and shall have retired from said office. Upon notification from any qualified person of his desire to be appointed as a judge emeritus, the governing authority of Dougherty County shall appoint such person as a judge emeritus. A judge emeritus shall render such advice and perform such duties as he shall be called upon from time to time to perform by the Judge of the State Court of Dougherty County. Any person named as judge emeritus of the State Court of Dougherty County shall receive compensation in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Dougherty County. Judge emeritus. Section 8 . Said Act is further amended by striking in section 12, the following: judges pro hac vice, and substituting in lieu thereof, the following: associate judges, so that when so amended, section 12 shall read as follows: Section 12. In the event the judge of said court and the associate judges of said court are all unable or disqualified to preside in said court, then a judge pro hac vice may be selected by the parties to any cause pending in said court in the same manner as the parties might select a judge pro hac vice in the superior court. In the event the parties fail to select by agreement a judge pro hac vice, then the clerk of the State Court of Dougherty County, or in his absence the deputy clerk, shall select a judge pro hac vice

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in the same manner as now or hereafter provided by law for such cases in the superior courts. Judge pro hac vice. Section 9 . Said Act is further amended by striking in section 21, the following: justice courts, and substituting in lieu thereof, the following: superior courts, so that when so amended, section 21 shall read as follows: Section 21. In all civil cases filed or brought in said court, the procedure, pleading and practice in said court shall be the same as that now or hereafter prescribed by the laws of this State for superior courts, except as otherwise provided in this Act. Pleadings. Section 10 . Said Act is further amended by striking in section 22, the following: justice courts, and substituting in lieu thereof, the following: superior courts, so that when so amended, section 22 shall read as follows: Section 22. In all matters pertaining to service, pleading, and practice, the laws now or hereafter governing the superior courts of this State, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to the State Court of Dougherty County. Service. Section 11 . Said Act is further amended by adding following the word judge in section 23 the following: or associate judge,

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so that when so amended, section 23 shall read as follows: Section 23. All executions issuing from said court shall bear teste in the name of the judge or associate judge and be signed by the clerk or by the judge or associate judge as ex officio clerk and be directed to the constable of said court and to all and singular the sheriffs or their deputies of the various counties of Georgia. Executions. Section 12 . Said Act is further amended by striking section 24 which reads as follows: Section 24. The costs and fees charged in said court in all cases shall be the same as are now or hereafter provided by law for justice courts and constables, except as otherwise provided herein., and substituting in lieu thereof a new section 24, to read as follows: Section 24. The cost and fees charged in the State Court of Dougherty County shall be a flat amount of $12.50 which shall be the total cost of the case and which shall not be refunded. Such fee shall be charged in garnishment proceedings also. Costs. Section 13 . Said Act is further amended by striking in section 25, the following: $10.00 on costs of suit, and substituting in lieu thereof, the following: $12.50 as provided in Section 24, so that when so amended, section 25 shall read as follows: Section 25. Each party filing a civil suit or proceeding in said court shall deposit with the clerk of said court at the time of the filing or commencement of said proceeding the sum of $12.50 as provided in section 24; provided, however, such deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the

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party making such deposit shall finally prevail in said suit or proceedings, the amount of said deposit shall be taxed as part of the costs against the losing party defendant, and shall be refunded to the party depositing the same after all costs have been paid. Costs. Section 14 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. 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 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended; to repeal conflicting laws; and for other purposes. This 19th day of January, 1976. 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 Dougherty County, on the following dates: January 22, 29 and February 5, 1976. /s/ Charles Hatcher Representative, 131st District

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Sworn to and subscribed before me this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 24, 1976. CITY OF VALDOSTANEW CHARTER. No. 1080 (House Bill No. 2060). An Act to provide a new charter for the City of Valdosta and to repeal existing charters; to define the limits of the City; to provide definitions; to provide corporate powers; to provide for ordinances; to provide for electors and elections; to provide for a mayor and council; to provide for the powers and duties of the offices of city government; to provide for compensation of officers of the City; to provide for the organization of the city government into departments; to provide for the organization, power, duties and personnel of the departments of city government; to provide for a recorder's court and its powers, duties and jurisdiction; to provide for a recorder; to provide for bonds; to provide for a budget; to provide for purchases and sales of city property; to provide for the power to tax; to provide for the assessment, levy and collection of taxes; to provided for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Charter of the City of Valdosta shall read as follows:

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CITY OF VALDOSTA CHARTER ARTICLE I INCORPORATION, POWERS, BOUNDARIES FORM OF GOVERNMENT Section 1.1. Incorporation; name, corporate powers . The City of Valdosta, Georgia, in the County of Lowndes, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Valdosta (hereinafter at times referred to as the City). The City shall be the legal continuation and successor to the City as heretofore incorporated and shall continue to be vested with all of the property and rights of property which now belong to the City; 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 any of such property; may have a common seal and alter and review 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. Editorial Note: The City was originally incorporated by an Act of the General Assembly; approval December 7, 1860. The basic charter of the City was provided in Georgia Laws 1901, Act No. 215, as amended. (Georgia Laws 1901, p. 670). The section continues the City as previously incorporated under its current name with the same corporate powers now possessed by the City. Section 1.2. General powers . (a) The City shall have all the powers, duties, rights, privileges, and immunities now vested in the City and now or hereafter granted to municipal corporations by the Constitution, by the General Laws of the State of Georgia, and by this Charter. The City shall exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, and general welfare of the City and of its inhabitants

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and all implied powers necessary to carry into execution all powers granted as fully and completely as if such powers were fully enumerated herein. (b) In addition to the powers now or hereafter granted to municipalities by law, the City shall have all powers expressly enumerated in Appendix I of this Charter which is hereby incorporated herein by reference. (c) The enumeration of any right, power, privilege or authority by this Charter shall not be deemed to be exclusive. The intent of this Charter is that the City shall have any right, power, privilege or authority which, under the Constitution and laws of the State of Georgia, could be specifically enumerated herein. Section 1.3. Corporate limits . The corporate limits of the City shall be the same as those of the City of Valdosta as provided by law and existing on the effective date of this Charter, or as hereafter lawfully changed. In accordance with procedures established by ordinance of the Council, the city clerk shall maintain a current map and written legal description indicating the corporate limits of the City. Editorial Note: The corporate limits of the City are defined and described in an Act of the General Assembly, approved March 22, 1974. (Act No. 1094, Sec. 2). (Georgia L. 1974, p. 2920). Section 1.4. Form of government . The government of the City provided by this Charter shall be the Council-Manager Form of Government. Editorial Note: The Council-Manager Form of Government was approved by the voters of Valdosta in a referendum held April 14, 1958. State Law Reference: Ga. L. 1958, p. 2624.

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ARTICLE II MAYOR AND COUNCIL Chapter 1. The Council Section 2.1. Council constitutes governing body . The government of the City shall be vested in the Mayor and Council, which shall exercise its powers in conformity with the provisions of this charter and in accordance with the provisions of the General Statutes and Constitution of the State of Georgia with regard to the powers, rights and privileges of municipalities which are not provided for by the provisions of this Charter. Section 2.2. Number of members; election . The Mayor and Council shall consist of the Mayor and Six (6) Council members who shall be elected as provided in this Charter and in accordance with the municipal election laws of Georgia. State Law Reference: The Georgia Municipal Election Code (Ga. L. 1968, p. 885) as amended. Cross Reference: Election Provisions are provided in Article III. Section 2.3. Terms of office . The members of the Council shall be elected to four-year staggered terms of office as provided by this Charter and they shall serve until their successors are elected and qualified. Section 2.4. Qualifications . (a) To be eligible for election as a Council member, or appointment and service as a Council member, a person must be a resident of the city and must be a registered and qualified voter of the City at the time of qualifying for the office. (b) In order to qualify for the office the person elected or appointed shall take and subscribe the following oath:

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I do solemnly swear that I will well and truly perform the duties of Mayor (or Council member, as the case may be) of the City of Valdosta, to the best of my skill and ability, and as to me shall seem to the best interest and welfare of the City, without fear, favor or affection; so help me God. Section 2.5. Compensation . Council members shall receive as compensation for their services an amount fixed by the Mayor and Council as provided by law. The Mayor and Council shall establish a policy for reimbursement of the actual and necessary expenses incurred by its members in the performance of their official duties. State Law Reference: Ga. L. 1965, p. 298, 302, as amended. Section 2.6. Legislative powers and procedures . All legislative powers and procedures of the City are vested in the Mayor and Council. Section 2.7 through 2.10 Reserved . Chapter 2. Mayor Section 2.11. Election and term of office . The mayor shall be elected as provided in this Charter for a term of two (2) years, and the Mayor shall serve until a successor is elected and qualified. Section 2.12. Qualifications . To be eligible for election or appointment and service as Mayor, a person must possess the same qualifications for election as a Council member. Section 2.13. Compensation . The Mayor and Council shall fix the annual compensation of the Mayor as provided by law, and shall establish a policy for reimbursement of the actual and necessary expenses of the Mayor incurred in the performance of the official duties of office. Section 2.14. Powers and duties . The Mayor shall be the

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official head of the City Government and chief representative of the City and it shall be the Mayor's duty: (1) To preside at meetings of the Mayor and Council, and shall have all the rights, powers, and duties and responsibilities as a Council member except that the Mayor shall be entitled to vote on matters before the Mayor and Council only where there is an equal division on the question, and then the Mayor shall determine the matter by his vote. The Mayor shall also be entitled to vote on the election of the following officers and employees of the Council: Mayor Pro Tempore, city manager, city attorney, recorder and city auditor. (2) As provided by law or by action of the Mayor and Council, to sign contracts on behalf of the City in the absence of the city manager; (3) To keep informed about the financial and other affairs of the City, and from time to time to present information about the affairs of the City and to recommend such measures as deemed best for the City, including statements and reports to the citizens concerning the affairs of the City; (4) To serve as a member of boards, commissions and committees required by law or by action of the Mayor and Council; and (5) To perform such other duties consistent with this Charter and as may be required by the Council. Section 2.15 through 2.20 Reserved . Chapter 3. Organization, Rules, Meetings, Officers Section 2.21. Organizational meeting; oath; election of Mayor Pro Tempore . The Mayor and Council shall meet for organization in the Council Chamber on the date and at the time of the first regular meeting following each regular municipal election, or if that date is a legal holiday, on the next following day not a legal holiday. At the organizational

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meeting, the Mayor and each Council member shall qualify by taking the oath of office prescribed in section 2.4(b). The oath shall be administered by a person authorized to administer oaths. The organization of the Mayor and Council shall take place notwithstanding the absence, death, refusal to serve, failure to qualify, or non-election of one (1) or more members, but at least a quorum of the members must be present. Following the induction of new members, the Mayor and Council by majority vote shall elect a Council member to serve as Mayor Pro Tempore, who shall serve at its pleasure and until a successor is elected. Section 2.22. Mayor Pro Tempore; duties . The Mayor Pro Tempore shall exercise all of the powers and discharge all of the duties of the Mayor during the vacancy, absence or disability of the Mayor for any cause, and until such vacancy has been regularly filled, or until the return of the Mayor or the removal of disability. In the event of the absence or disability of both the Mayor and Mayor Pro Tempore for any cause, the remaining Council members shall designate one (1) of their number to preside over their meetings, and to discharge the duties of Mayor until either the return or removal of the disability of the Mayor or Mayor Pro Tempore. Section 2.23. Quorum . The Mayor, or Mayor Pro Tempore, and three (3) members of the Council shall constitute a quorum for the transaction of business, but at less number may adjourn from time to time to compel the attendance of absent members in such manner as may be prescribed by ordinance. Section 2.24. Meetings; regular and special . The Mayor and Council shall fix a suitable time for its regular meetings, and shall meet at least once each month for the transaction of business. If in the discretion of the Mayor, or Mayor Pro Tempore, it is deemed necessary to have an extra meeting, the Mayor, or Mayor Pro Tempore, may call the Mayor and Council together immediately for the purpose of a special meeting. The Mayor and Council may adjourn its meetings to some definite time in the interim of regular monthly meetings.

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Section 2.25. City clerk; appointment, duties; deputy . The city manager shall appoint a city clerk. The city clerk shall be responsible for keeping a journal of the proceedings of the Mayor and Council, shall be the custodian of all records and documents pertaining to actions of the Mayor and Council, and shall exercise those powers and duties required by law and the Mayor and Council. The city clerk shall attest all formal contracts executed in behalf of the City. The City Manager may appoint a deputy city clerk. Section 2.26. City attorney; appointment, duties . (a) The Mayor and Council shall appoint a city attorney who shall be an attorney at law licensed to engage in the practice of law in Georgia. The city attorney shall serve at the pleasure of the Mayor and Council and shall receive such compensation as the Council may determine. (b) The city attorney shall be the legal advisor to the City and shall perform such duties as required by law and by the Mayor and Council. Section 2.27 through 2.30 Reserved . ARTICLE III ELECTION, REMOVAL AND VACANCY IN OFFICE Chapter 1. Representation Section 3.1. Manner of Election; Voting . (a) The entire electorate of the City shall be entitled to vote in elections for Mayor and for one Council member for each of six (6) Council posts, designated as Council Posts No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6. (b) At the regular election to be held on the second Tuesday in February, 1976, there shall be an election in the City to elect a qualified person to the office of Mayor, held by an incumbent on the effective date of this Charter and whose term expires in 1976. Thereafter biennially a Mayor shall be elected for a term of two (2) years, or until a successor is elected and qualified.

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(c) At the regular election to be held on the second Tuesday in February, 1976, there shall be an election for the selection of Council members to Council Posts No. 1, No. 3 and No. 5, held by incumbents in office on the effective date of this Charter and whose terms of office expire in 1976. At the regular municipal election on the second Tuesday in February, 1978, there shall be an election for the selection of Council members to Council Posts No. 2, No. 4, and No. 6, held by incumbents in office on the effective date of this Charter and whose terms expire in 1978. Thereafter, biennially, there shall be an election to fill Council posts of Council members whose terms have expired. All Council members elected pursuant to the provisions of this chapter shall be elected for a term of four (4) years, or until their successors are elected and qualified. Section 3.2. Polling place or places . All elections for Mayor and Council members, and all other elections, shall be held at a polling place or at polling places designated by the Mayor and Council. Section 3.3 through 3.10 Reserved . Editorial Note: The election of Council members was changed to a four (4) year staggered term basis by an Act of the General Assembly, approved April 17, 1973 (Ga. L. 1973, p. 3274). This Act also changed the date of the election from the second Monday in February to the second Tuesday in February of even numbered years. Chapter 2. Conduct of Elections . Section 3.11. Applicability of general laws . Except as otherwise provided in this Charter, regular and special elections shall be conducted in accordance with provisions of the Act of the General Assembly entitled the Georgia Municipal Election Code, approved April 4, 1968 (Ga. L. 1968, p. 885) as now or hereafter amended. State Law Reference: The Georgia Municipal Election Code is found in Ga. Code Ann. Title 34A.

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Section 3.12. Time of election . Elections shall be held biennially on the second Tuesday in February of each even numbered year. Section 3.13. Candidates to specify office of post for which they run . Every person who offers for election as Mayor or Council member of the City shall designate with the proper authority in the general election the specific office of Mayor or special Council post for which he or she offers by naming the office of Mayor or the specific Council post by number, and thereupon he or she shall be qualified, if otherwise qualified, as a candidate for such office of Mayor or designated Council post. Section 3.14. Results of elections, how declared . The superintendent of elections shall duly declare the result of the election and shall issue certificates of election to such person as receives a majority of the legal votes polled for the office of Mayor and for each of the six (6) Council posts. Editorial Note: The provisions of the existing charter, as amended by Ga. L. 1967, p. 2467 with regard to absentee ballots have been deleted since the legal authority and procedures for absentee voting is now contained in the Georgia Municipal Election Code (Ga. L. 1968, pp. 885, 968). Section 3.15. Special elections . The Mayor and Council shall have power to call special elections as provided by law. All special elections shall be conducted in accordance with the applicable provisions or the Georgia Municipal Election Code. Section 3.16. Runoff elections . Should no person receive a majority of the legal votes polled for the office of Mayor or for any one (1) or more of the six (6) Council posts, the superintendent of elections shall certify to the Mayor and Council the names of the two (2) persons who shall have received the largest number of legal votes polled for the office of Mayor or any one (1) or more of the Council posts for which no person received a majority of legal votes polled, and the Mayor and Council shall call a special election between

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the two (2) persons receiving the largest number of legal votes polled for such offices of Mayor or Council posts. This special election shall be held on the 14th day after the holding of the general municipal election, and it shall be held in the manner provided in section 3.1 of this Charter. The superintendent of this special election shall duly declare the results thereof, and shall issue certificates of election to such persons as receive a majority of legal votes polled in the special election, who shall at such time and place as may be prescribed by the ordinance of the City qualify by taking an oath to well and truly perform the duties of their respective offices as Mayor and Council members during their term of office, which oath, with certificates of election given by the superintendent, shall be entered on the minutes by the Mayor and Council, and the originals filed in the office of the city clerk. Section 3.17. Voter qualifications . Each citizen of the City of Valdosta, incorporated under this Act, 18 years of age, who shall have paid all taxes which may have been required of him, and which he may have had opportunity to pay agreeably to law, except for the year of the election, and the payment of all fines, licenses and registration fees required of him by the City, and not convicted of any crime involving moral turpitude and not pardoned, and possessed of all other qualifications prescribed by law shall be qualified to vote at any election held in the City of Valdosta, for any purpose whatever. Section 3.18 through 3.20 Reserved . Editorial Note: Ga. L. 1973, p. 3274 changed the date of special runoff elections to the 14th day after the general municipal election. Chapter 3. Vacancy in Office Section 3.21. Occurrence of vacancies . A vacancy in the office of Mayor or Council member occurs when a duly elected person fails to qualify, or when a person who has been duly elected and qualified either dies, resigns, or no longer meets the qualifications of office.

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Section 3.22. Filling of vacancies . In the event the office of Mayor or Council member shall become vacant for any cause whatsoever, the Mayor and Council shall within 10 days after the occurrence of such vacancy, call a special election as provided by law to fill the balance of the unexpired term of office; provided however, if a regular election for the office of Mayor or Council member is to be held within six (6) months after such vacancy occurs, the Mayor and the remaining members of the Council shall by majority vote appoint a qualified person to the remainder of the unexpired term. ARTICLE IV ORGANIZATION AND ADMINISTRATION Chapter 1. General Provisions Section 4.1. City departments and agencies . Except as provided by this Charter, the departments and agencies of the City shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the city manager consistent therewith. The operations and responsibilities of such departments and agencies shall be distributed among such divisions, or bureaus, and shall consist of such officers and employees as may be provided by ordinance or administrative regulations consistent therewith. Section 4.2. Administrative reorganization . The Mayor and Council may by ordinance organize, combine, consolidate, or discontinue such departments, agencies, or divisions of the City government as it may from time to time deem desirable. Section 4.3 through 4.10 Reserved . Chapter 2. City Manager Section 4.11. Appointment, qualifications, term, compensation . The Mayor and Council shall appoint a city manager,

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who shall be the administrative head of the City government, and shall be responsible for the administration of all departments. The city manager shall be appointed with regard to merit only and need not be a resident of the City when appointed. The city manager shall hold office during the pleasure of the Mayor and Council, and shall receive such compensation as the Mayor and Council shall fix by ordinance. Section 4.12. Duties and responsibilities .The city manager shall: (1) See that the laws of the State and the ordinances, resolutions, rules and regulations of the City are faithfully executed and enforced; (2) Prepare the agenda and attend meetings of the Mayor and Council and recommend for adoption any measure deemed expedient; (3) Make reports to the Mayor and Council from time to time upon the affairs of the City and keep the Mayor and Council fully advised of the City's financial condition and its future financial needs; (4) Appoint and suspend or remove all City employees, except the city recorder, city attorney and city auditor in accordance with such general personnel rules, regulations, policies or ordinances as the Mayor and Council may adopt; (5) Prepare and submit the annual budget and capital program to the Mayor and Council; (6) Direct and supervise the administration of all departments, properties, and operations of the City, subject to the general direction and control of the Mayor and Council; (7) Investigate the affairs, records, accounts and expenditures of the various commissions and boards created by the City of Valdosta, and report thereon at least once a year to the Mayor and Council;

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(8) Have the right to request the counsel, advice or opinion of the city attorney concerning any matter affecting the interest of the city; and it shall be the duty of the city attorney to respond to such request to the best of his ability; (9) Act in a liaison capacity on behalf of the Mayor and Council with boards, offices, agencies and commissions of the City; (10) Sign contracts, deeds, licenses and other public documents on behalf of the City, after approval of the Mayor and Council; (11) Exercise any other powers and perform any other duties required or authorized by the Mayor and Council and not inconsistent with this Charter. Section 4.13. Mayor and Council not to interfere with appointments or removals . Neither the Mayor and Council nor any of its members shall direct or request the appointment of any person to, or removal from, office by the city manager or by any of the city manager's subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Mayor and Council and its members shall deal with the administrative service solely through the city manager and neither the Council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately, directly or indirectly. Section 4.14. Claims against City . No claims against or in favor of the City shall be paid or collected without prior approval of the city manager. Section 4.15. Removal and vacancy . (a) The Mayor and Council may remove the city manager at any time by a majority vote adopting a resolution to that effect. The city manager may, within 10 days after notice of adoption of such resolution, reply in writing and may request a public hearing, which shall be held not earlier than 20 nor later than 30 days after filing of such request. The action of the

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Mayor and Council in removing the city manager, however, shall be final. Upon his removal as herein provided, the city manager shall be paid forthwith any unpaid balance of his salary for the calendar month in which he is removed and his salary for the next calendar month following. (b) When there shall be a vacancy in the office of city manager, the duties and functions of city manager shall be discharged by the Mayor and Council. Section 4.16 through 4.20 Reserved . Editorial Note: Pursuant to Ga. L. 1958, p. 2624, the City Manager form of government was approved by referendum held April 4, 1958. Chapter 3. Finance and Fiscal Subchapter A. Taxation Section 4.21. Property tax . For the purpose of raising revenue for the support and maintenance of the government, the Mayor and Council shall have full power and authority and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of the City not exceeding one hundred cents on the hundred dollars, exclusive of taxation for public schools. Section 4.22. Time for paying taxes . The City, through the Mayor and Council, is authorized to declare by ordinance ad valorem taxes due the City payable either annually, semiannually, or quarterly, as the Mayor and Council of the City in their discretion may deem best. Section 4.23. Collection of delinquent taxes . The Mayor and Council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer or other duly sworn peace officer of the City under the same procedure provided by the laws governing execution of such processes and remedies. A lien shall exist against all property upon which the

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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. Section 4.24. Licenses; occupation taxes; excise taxes . The Mayor and Council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City, 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 Mayor and Council may deem expedient for the public health, safety, benefit, convenience or advantage of the City; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses 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 Mayor and Council shall have full power and authority to levy an excise tax not prohibited by general law. Section 4.25. Sewer service charges . The Mayor and Council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City and to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of the City. If unpaid, the sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for County and City property taxes and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes. Section 4.26. Sanitary and health services charge . The Mayor and Council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services, including the power to fix, assess, and collect a garbage, refuse and trash collection

Page 3201

and disposal and other sanitary charge, tax or fee, for such services as may be necessary in the operation of the City from all individuals, frims and corporations residing in or doing business in the 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. The sanitary taxes and the assessments thereto shall be a charge and lien against the real estate in respect to which the taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for County and City property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes. Section 4.27. 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 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 or 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 4.28 through 4.30 Reserved . Subchapter B. Borrowing Section 4.31. General obligation bonds . The Mayor and Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws

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of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time the issue is undertaken. Section 4.32 Revenue bonds . Revenue bonds may be issued by the Mayor and 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. 71) as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 4.33 Short term notes . Pursuant to applicable State law the City may obtain temporary loans between January 1 and December 31 of each year. Section 4.34 through 4.40 Reserved . Related State Laws: Ga. Code Ann. Sec. 2-6004. Subchapter C. Budgeting Section 4.41 Fiscal Year . The fiscal year of the City shall be as fixed by ordinance of the Mayor and Council. The fiscal year shall constitute the budget year and the year for financial accounting, planning and reporting of each department, office, agency, or activity of the City. Section 4.42 Budget preparation and adoption . The Mayor and Council shall provide by ordinance for the adoption of an annual operating budget, a capital improvement program and a capital budget which shall apply to all departments and agencies of the City. The ordinance shall prescribe the procedures and requirements for the preparation, adoption and execution of the annual operating and capital budgets; provided however, such budgets shall be prepared and submitted by the city manager to the Mayor and Council for its consideration prior to the commencement of the ensuing fiscal year. Section 4.43 through Section 4.50 Reserved . Subchapter D. External Audit (a) The Mayor and Council shall provide annually for an

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independent audit of the accounts and other evidences of financial transactions of the government of the City and of its every office, department, board, authority, commission, or other agency. The audit shall be made by an accountant or an accounting firm; the members of which have no personal interest, direct or indirect, in the fiscal affairs of the City or of any of its departments, offices, boards, commissions or agencies. The designated accountant shall be a certified public accountant, or, if an accounting firm is employed, the members thereof shall be so certified and thoroughly qualified by training and experience in governmental accounting to perform the audit. (b) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than four (4) months after the close of the fiscal year. The audit report shall be available to the public. (c) The Mayor and Council may at any time order an examination or special audit of any office, department, board, commission, or other agency of the City. Chapter 4. Personnel Section 4.51 Personnel System . The Mayor and Council shall establish by ordinance a system of personnel administration. The system shall cover all employees of the City except (1) elected officials, (2) persons temporarily employed in a professional or scientific capacity, and (3) temporary and part-time employees. The system of personnel administration shall set forth policies, rules and regulations to administer the personnel affairs of the City. Section 4.52 through Section 4.60 Reserved .

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ARTICLE V BOARDS AND COMMISSIONS Chapter 1. General Provisions Section 5.1 Authority to create . Except as prescribed by general law or special act of the General Assembly, the Mayor and Council shall have authority to create commissions, councils or boards which shall perform duties prescribed by the Mayor and Council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions and for such other purposes authorized by the Mayor and Council. Section 5.2 Composition; appointment, bylaws . (a) Except as otherwise provided by law, the Mayor and Council shall have the authority to provide for the manner of appointment, makeup and composition of such commissions, councils or boards, and their periods of existence, and for the compensation of their members and employees, in whole or in part. The Mayor and Council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The Mayor and Council shall have the authority to annually appropriate and donate money derived from taxation, contributions, or otherwise for and to such commissions, councils and boards to provide for their operation, either in whole or in part. (b) Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment. (c) Any member of a board or commission may be removed from office for cause by a majority vote of all of the Mayor and Council. (d) Each board and commission may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the Mayor and Council, or applicable

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State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city manager and approved by the Mayor and Council. ARTICLE VI RECORDER'S COURT Section 6.1 Recorder, appointment, term; recorder's court established; maximum penalty . The Mayor and Council shall appoint a recorder, who shall hold office at the pleasure of the Mayor and Council. The recorder shall have full power and authority to hold, at such times and places and under such rules and regulations as may be prescribed by ordinances, a recorder's court for the City for the trial of offenders against ordinances, rules, regulations and by-laws of the City, and impose such penalties therefor, not exceeding a fine of five hundred dollars or confinement in the City jail not to exceed 90 days, said fine to be collected by execution issued by the city clerk against the estate, both real and personal of the offender. Section 6.2 Samesalary; vacancy in office . The salary of the recorder shall be fixed by the Mayor and Council. In case of the absence of the recorder, the Mayor or Mayor Pro Tempore, may exercise the powers and duties of the recorder. In case of the death, resignation, or removal of the recorder, the Mayor or the Mayor Pro Tempore shall have the powers and authority of the recorder until a new recorder is approved by the Mayor and Council. Section 6.3 Samejurisdiction; oath . The recorder shall have full power and authority to try all offenders against the ordinances of the City and impose such penalties for violation thereof as may be prescribed by the ordinances of the City. Before entering upon the duties of his office he shall take and subscribe an oath, before some officer authorized to administer oaths, faithfully to discharge the duties of the office. Any duties of the recorder not herein enumerated may be prescribed by ordinance. Section 6.4. Appearance bonds; contempt proceedings authorized .

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The Recorder shall have full power and authority to compel the attendance of parties as witnesses at the recorder's court; and for this purpose may fine for contempt any such amount or penalty as may be prescribed by ordinance. The power is also granted to the recorder to take and receive of parties and witnesses such bond or bonds as he may deem necessary to secure the attendance of parties as witnesses, and to forfeit said bond or bonds in the same manner as such bonds are now forfeited in the superior courts of this State. Cross reference: For appearance bonds generally, see section 6.6. Section 6.5 Mayor, Mayor Pro Tem., ex officio justices of the peace . The recorder shall be to all intents and purposes a justice of the peace, so far as to enable them to issue warrants for offenses committed within the corporate limits of the City, which warrants shall be executed by the marshal, or other police officer, and to commit to the jail of the County of Lowndes, or to admit to bail offenders for their appearance at the next term of the court sitting in Lowndes County that has jurisdiction of such offense, and it shall be the duty of the jailer of the County of Lowndes to receive all such persons so committed, and safely keep them until discharged by due course of law. (Ga. L. 1901, Act No. 215, Sec. 16) Section 6.6 Appearance bond . The recorder when any person or persons are arraigned before the recorder's court charged with a violation of any of the ordinances, regulations or rules of the City, may, for good cause shown by either side, continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to await trial. If such bond be given, and the accused shall fail to appear at the time fixed for the trial the bond may be forfeited by the recorder, and an execution issued thereon by serving the defendant, if any to be found, and his securities, with a rule nisi at least five days before the time of hearing of such rule nisi.

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Cross reference: For provisions authorizing appearance bonds in contempt proceedings, see Sec. 6.4. Section 6.7 Writs, etc . All writs, processes, subpoenas, rules nisi, etc., for the forfeiture of bonds; all executions issued in behalf of the City for the collection of taxes, forfeitures, or for other purposes, shall be directed to the marshal or chief of police of the City, and all and singular the sheriffs and deputy sheriffs of said State, signed by the city clerk, bearing test in the name of the Mayor and such sheriffs and their deputies are empowered and required to execute all such writs, processes, subpoenas, rules nisi, executions, etc., issuing as aforesaid, when the property or parties to be proceeded against are without the corporate limits of the City, and the marshal or chief of police of the City shall serve all writs, processes, subpoenas, rules nisi, executions, etc., when the person or property to be proceeded against are within the corporate limits of the City. Section 6.8 Arrests . The marshal, or other police officer of the City, may arrest without a warrant any person guilty of violating any ordinance, rules or regulations of the City, and the marshal or other police officer may summon any citizen or citizens of said city to assist in such arrest. Section 6.9 through 6.10 reserved . ARTICLE VII MUNICIPAL SERVICES AND IMPROVEMENTS ASSESSMENTS AND REGULATIONS Chapter 1. Streets and Sidewalks Section 7.1 Regulations relative to street improvements-authorized . The Mayor and Council shall have authority to prescribe, by ordinance, such other rules as the Mayor and Council, in its discretion, may deem necessary to grade, pave, drain, macadamize, or curb the streets and alleyways of the City; to enforce by execution the cost thereof against adjacent property owners and railroad companies; to provide

Page 3208

how the agents or owners thereof shall be served with notice by personal service or by publication. Section 7.2 Improvements authorized . (a) The Mayor and Council are hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes and other public places in the City and to improve the same by paving, macadamizing and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations prescribed in this chapter. (b) Any railroad company now having or which may hereafter have tracks running through the streets, avenues, lanes or alleys of the City or other public places, shall be required by the Mayor and Council to pave, macadamize and drain the width of its track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of the Mayor and Council to make such improvements by paving, macadamizing and draining the same after receiving 30 days' notice to do the work, such work may be done by the Mayor and Council at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Mayor and Council shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company, which may be enforced against such property as hereinafter provided for the enforcement of other liens for paving. (c) Whenever the Mayor and Council shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part thereof, within the limits of the City, the Mayor and Council shall by resolution declare such work or improvement necessary to be done and such resolution shall be published in six (6) consecutive issues of a daily newspaper published and having a general circulation in the City of Valdosta; and if a majority of the owners of the land liable to assessment to pay for such improvement of any such highway shall not within fifteen (15) days after the last publication of such

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resolution, file with the city clerk their protest in writing against such improvement, then the Mayor and Council shall have the power to cause said improvement to be made and to contract therefor, and to levy assessments or liens provided for. Any number of street, avenues, alleys, lanes or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be made as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment for any such improvement shall petition the Mayor and Council for such improvement of any street or part of street, alley, lane or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petitioners for such improvements, it shall thereupon be the duty of the Mayor and Council to promptly cause the improvement to be made in accordance with the prayer of the petition, and in such cases the resolution hereinbefore mentioned shall not be required. (d) The lots, pieces or parcels of land fronting and abutting upon both sides of the improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of the improvement for the frontage on basis of lineal foot frontage; provided, that the frontage of intersecting streets, avenues, lanes or alleys shall be assessed as real estate abutting upon the street, lane, alley or avenue paved or otherwise improved, and the Mayor and Council shall be for all the intents and purposes of this subsection, an owner or legal representative of real estate abutting on any street, lane, alley or avenue, shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley or avenue, and shall pay from the City treasury the just pro rata of the entire cost of the work or improvement for the frontage. (e) Whenever the petition provided for in subsection (c) is presented, or when the Mayor and Council shall have determined to pave or improve any street, avenue, lane, alley or other public place, and shall have passed the resolution provided for in subsection (c), of this section, the Mayor

Page 3210

and Council shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of the improvement, and to cause to be put in and constructed all water, gas, or sewer pipe connections to connect with any existing water, gas, or sewer pipes in and underneath the streets, avenues, lanes and alleys and other public places where the public improvements are to be made and all costs and expenses for making the connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of the improvement, in addition to the basis of lineal foot frontage, if so determined by the appraisers hereinafter provided for. (f) After the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for the improvement signed by a majority of the owners of the land to be assessed, if the petition shall be found to be in proper form and properly executed, the Mayor and Council shall adopt a resolution reciting that no protest has been filed, or the filing of the petition, as the case may be, and expressing the determination of the Mayor and Council to proceed with the improvement, stating the material to be used, and the manner of construction, and defining the extent, character and width of the improvement, and such other matters as may be necessary in preparing for the improvement the necessary plans, plots, profiles, specifications and estimates. The resolution shall set forth any and all such reasonable terms and conditions as the Mayor and Council shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the Mayor and Council shall by the resolution provide that the contractor shall execute to the City a good and sufficient bond in an amount to be stated in the resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the City and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in the

Page 3211

resolution for the maintenance of good condition of the improvements for a period of not less than five (5) years from the time of its completion or both, in the discretion of the Mayor and Council. The resolution shall also direct the city manager of the City to advertise for sealed proposals for furnishing the materials and performing the work necessary in making the improvements. The notice of such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by the Mayor and Council. The notice shall be published in 10 consecutive issues of a daily newspaper of general circulation in the City of Valdosta. At the time and place specified in the notice the Mayor and Council shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder, who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the Mayor and Council as prescribed in such resolution and notice for proposals which contract shall in no case exceed the estimate of cost submitted by the city manager with the plans and specifications and the Mayor and Council shall have the right to reject any and all bids and re-advertise for other bids when any such bids are not in its judgment satisfactory. (g) As soon as the contract is let and the cost of the improvement, which shall also include all other expenses incurred by the City incident to the improvements in addition to the contract price for the work and materials, is ascertained, the Mayor and Council shall be resolution appoint a board of appraisers, consisting of the city engineer, city clerk and the chairman of the board of tax assessors, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the improvement as hereinbefore provided. Within 10 days from the date of the resolution appointing the board, the board shall file a written report of the appraisal and assessment and apportionment of the expense and cost to the several lots

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and tracts of land abutting on the street, alley, lane or avenue or other public places so improved, with the city clerk in the manner and on the basis herein provided. When the report shall have been returned and filed, the Mayor and Council shall appoint a time for the holding of a session of Council or shall designate a regular meeting of the Council for the hearing of any complaints or objections that may be made concerning the appraisement, apportionment and assessment as to such lots or tracts of land abutting on the improvement, and notice of the session for the hearing shall be published by the city clerk in at least five (5) consecutive issues of any daily newspapers of general circulation in the City of Valdosta, and the notice shall provide for an inspection of the return by any property owner or other party interested in the return. The time fixed for the hearing shall not be less than five (5) nor more than 10 days from the last publication. The Mayor and Council at the session shall have power to review and correct the appraisement, apportionment and assessment and to hear objections thereto, and to confirm the appraisement and apportionment either as made by the board or as corrected by the Mayor and Council. Assessments in conformity to the appraisement and apportionment as confirmed by Council shall be payable in ten equal installments and shall bear interest at the rate of not exceeding seven per cent per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The Mayor and Council shall by ordinance levy assessments in accordance with the appraisement and apportionment as so confirmed against the several tracts of land liable therefor; provided, however, that the rate of interest to be taxed shall not exceed one per cent (1%) over and above the rate of interest stipulated in the bonds herein provided for. (h) The first installment of the assessments, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of the ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if the assessing ordinance

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shall be passed after the first day of August in each year, the first installment of the assessment and interest shall be due and payable on September first of the following year. The ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within 30 days from the date of the passage of the ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within the period of 30 days to the treasurer of the City of Valdosta and relieve their property from the lien of the assessment, which money so paid to the treasurer shall be disbursed pro rata between the contractor and the City in proportion to the respective interests. (i) The special assessment and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. (j) The Mayor and Council, after the expiration of 30 days from the passage of the ordinance confirming and levying the assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of the assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the assessments and of such denominations as the Mayor and Council shall determine, which bond or bonds shall in no event become a liability of the Mayor and Council of the City of Valdosta issuing same. One-tenth in amount of any series of bonds with the interest upon the whole series to date shall be payable on the fifteenth day of September next succeeding the maturity of the first installment of the assessments and interest, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the fifteenth day of September in each succeeding year until all shall be paid. The bonds shall bear interest at a rate not exceeding six per

Page 3214

cent annum from their date until maturity payable annually, and shall be designated as street improvement bonds, and shall on the face thereof recite the street or streets, part of streets or streets or other public places for the improvement of which they have been issued and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by the improvement under authority of this chapter. The bonds shall be signed by the Mayor and attested by the city clerk and shall have the impression of the corporate seal of the City thereon and shall have interest coupons attached and all bonds issued by authority of this chapter shall be payable at such place either within or without the State of Georgia as shall be designated by the Mayor and Council. The bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses, by the Mayor and Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements, shall be sold or otherwise disposed of as the Mayor and Council shall direct. The bonds shall be registered by the city clerk in a book to be provided for that purpose and certificates of registration by the city clerk shall be endorsed upon each of the bonds. (k) The assessments provided for and levied under the provisions of this chapter shall be payable by the person owning the lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City, who shall give proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections made and such collections shall be kept in a special fund to be used and applied for the payment of the bonds and the interest thereon and expenses incurred thereto, and for no other purpose.

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It shall be the duty of the treasurer or city clerk, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to publish in two successive issues of a daily newspaper published in the City of Valdosta and having a general circulation in the City, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid, proceedings will be taken to collect the installment and interest. It shall be the duty of the treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of September of each year, in case of default of payment of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or person owning the same for the amount of such assessment with interest and shall turn over the same to the marshal or chief of police of the City of Valdosta, or his deputy. The marshal or chief of police of the City of Valdosta, or his deputy shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement, and after advertisement and other proceedings as in case of sales for City taxes, the same shall be sold a public outcry to the highest bidder; and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided from time to time by the laws of the State of Georgia. The defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is due, and stating what amount he or she admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits (and the foregoing and following provisions shall apply to railroad companies against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affidavit claims the amount is not due,

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and when received by the city marshal or chief of police, shall be returned to the Recorder's Court of Valdosta, Lowndes County, Ga., and there be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the treasurer or clerk to publish the notice of maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. (l) No suit shall be sustained to set aside any such assessment or to enjoin the Mayor and Council from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized or contesting the validity thereof on any ground or for any reason, other than for the failure of the Mayor and Council to adopt and publish the preliminary resolution provided for in subsection (c) of this section in cases requiring such resolution and its publication, and to give the notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be commenced within 60 days after the passage of the ordinance making such final assessment, provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the Mayor and Council may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. (m) In all cases where the Mayor and Council shall deem it necessary to re-pave, re-drain, re-macadamize or otherwise improve any street, alley, avenue, lane or other public place, which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized or drained under the provisions of this chapter, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this chapter, and in such cases all provisions of this chapter

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providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of the Mayor and Council the pavement is worn out and no longer serviceable. (n) The publication of all notices in a daily newspaper called for in this chapter shall be the number of days therein specified exclusive of Sunday and legal holidays. (o) Whenever the abutting land owners of any street, alley, avenue or land of the City petition the Mayor and Council as herein set out, or the Mayor and Council pass the resolution provided for in subsection (c) of this section, for the pavement of any such street, avenue, alley or lane, or other public place, where the State or any of the political subdivisions, is the owner of the property on the street, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purposes of assessment; and where the State is the owner of the property, the Governor is authorized to sign any petition provided for in this chapter for and in behalf of the State, and where the County is the owner the Chairman of the Board of County Commissioners of Lowndes County is authorized to sign in behalf of the County; and where the City of Valdosta is the owner the Mayor of Valdosta is authorized to sign on behalf of the City. Cross Reference: For authority to improve streets and sidewalks, see Appendix I (8); for provisions authorizing sewerage and drainage systems see Appendix I (10). Cross Reference: For provisions relating to assessments for sidewalk and curb improvement, see section 7.3; for provisions relative to assessments for street improvements, see section 7.4. Section 7.3. Assessments for sidewalk and curb improvements . The Mayor and Council shall have power and authority to assess two-thirds of the cost of paving and otherwise improving the sidewalks, including the necessary curbing, on the real estate abutting on the street and on the side of the street on which the sidewalk is improved.

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Similarly, the Mayor and Council shall have power and authority to assess all of the cost of paving and otherwise improving the sidewalks, including the necessary curbing, against said abutting real estate provided that after publication of notice as prescribed by section 7.5 of this chapter a majority of the owners of the said real estate fail to file protest against the same in the manner and within the time prescribed by section 7.5. Cross Reference: For specific regulations relative to street improvements, see section 7.2. Section 7.4. Assessments for street improvements . The Mayor and Council shall have full power and authority to assess one-third of the cost of paving, grading, macadamizing, constructing side drains, cross drains, crossings, and otherwise improving the road-way or street proper on the real estate abutting on each side of the street improved. The real estate abutting shall pay two-thirds of the entire cost, and any railroad company having tracks running through or across the streets of the City, shall be required to pave, macadamize, or otherwise improve said streets in such proportion as the Mayor and Council may prescribe. Similarly, the Mayor and Council shall have full power and authority to assess one-half of the costs of paving, grading, macadamizing, constructing side drains, cross drains, crossings, and otherwise improving the road-way or street proper against the real estate abutting on each side of the street or section of street improved provided that after publication of notice as prescribed by section 7.5 of this chapter a majority of the owners of the real estate fail to file protest against the same in the manner and within the time prescribed by section 7.5. Cross Reference: For specific regulations relative to street improvement, see section 7.2. Section 7.5. Advertising . The Mayor and Council shall in no event assess more than two-thirds of the cost of paving and otherwise improving the sidewalks against the abutting real estate (as authorized by section 7.3 or assess more than

Page 3219

one-third of the cost of the paving and otherwise improving the road-way or street proper against abutting real estate on each side of the street improved as authorized by section 7.4, without first advertising their intention to do so once a week for two weeks in a newspaper having general circulation in the City of Valdosta and allowing the owners of the real estate affected a period of ten days after the last publication of the notice in which to file with the city clerk their written protests against the assessment; and in the event that a majority in number of such owners so file their protests within the period of ten days, the excessive assessments shall not be made. Section 7.6. Equalizing assessments, authority to provide for . The Mayor and Council shall have full power and authority to adopt, by ordinance, such a system of equalizing assessments on real estate for above purposes for the amounts set forth as may be just and proper, estimating the total cost of each improvement made and prorate the cost thereof on the real estate, according to its frontage on the street, or portion of street improved, and that the amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Section 7.7. Enforcement of assessments . The Mayor and Council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed, against the owner thereof at the date of the ordinance making such assessment, which execution may be levied by the marshal of the City on such real estate, and after advertising and other proceedings, as in cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall pass absolute title to the purchaser. The marshal shall have power to eject occupants and put the purchaser in possession; provided, that defendant shall have the right to file an affidavit denying the whole or any part of the amount for which such execution issued is due, and stating what amount, if any, he or she admits to be due, which amount so admitted to be due shall be paid or collected before the

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affidavit is received, and affidavit received for the balance; and all such affidavits received shall be returned to the Superior Court of Lowndes County, Georgia, and shall be there tried and the issue determined as in cases of illegality, subject to all the penalties provided as in cases of illegality filed for delay only. Section 7.8. Uniform pavement . The Mayor and Council shall have authority to pave and contract to pave the whole surface of the street without giving any railroad company, or other property holder or occupant of the street, the option of having the space to be paved by it paved by itself, or a contract at its instance, the object being to prevent delay, and the securing of uniformity in the pavement. Section 7.9. Liens . The lien for the assessment upon abutting property and railroad companies, for street or sidewalk paving, curbing, macadamizing, grading, draining, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the passage of ordinance authorizing the execution of the work in such case. Section 7.10. Executions . All executions issued against property owners for paving, grading, macadamizing, constructing side drains, cross drains and crossings, and otherwise improving the roadway or street proper, or sidewalks of the City, as above provided, shall be issued as set forth in section 6.8 of this Charter. Section 7.11 through 7.20 Reserved . Chapter 2. Sewers Section 7.21. Assessments of cost . The Mayor and Council of the City shall have full power and authority to assess the total amount of the actual cost of sewers or drains, of laying and constructing the same, upon the real estate abutting on streets in the City through and along which sewers or drains may be placed or constructed, and upon any real estate through and upon which the same may be constructed or laid, and the Mayor and Council of the City shall have full

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authority to enforce collection of the amount of such assessments by execution issued by the City clerk against the real estate so assessed and against the owner thereof at the date of the ordinance making such assessments, which execution may be levied by the marshal of the City of such real estate, and after advertising and other proceedings, as in cases of tax sales, same shall be sold at public outcry to the highest bidder, and the sale shall pass absolute title to the purchaser, and the City marshal shall have the right to eject occupants and put the purchasers into possession; provided, that the defendant named in the execution shall have the right to file an affidavit denying the whole or any part of the amount for which such execution issued is due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and affidavit received for the balance; and all such affidavits received shall be returned to the Superior Court of Lowndes County, Georgia, and shall be there tried and the issue determined as in cases of illegality, subject to all the penalties provided as in cases of illegality filed for delay only. Section 7.22. Ordinance providing for sewers, drains, required; content, publication; notice . The purchase of, the laying of, and the construction of all sewers or drains under this chapter shall be provided for by ordinance; that, after the first reading of an ordinance providing for a sewer or drain, notice of the introduction of same shall be published in the daily newspaper published in the City; that such notice shall contain a statement of the line along which the proposed sewer or drain is to be laid and a statement of the general character, material and size of such sewer or drain, and the date of the introduction of the ordinance, without stating therein any of the other contents of the ordinance; that the notice shall be so published in at least as many as six (6) consecutive issues of the Valdosta Daily Times, or other daily paper published in the City; and if a majority of the owners of the land liable to assessment as provided in section 7.11 of this chapter shall not, within 15 days after the last publication of the notice file with the clerk of the City their protest in writing against the adoption or passage of the ordinance, then the ordinance may be adopted or passed by

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the Mayor and Council of the City at any regular or called meeting held subsequently to the expiration of the 15 day period after the last publication of the notice; and that substantial compliance with the above requirements as to the notice shall be sufficient. Section 7.23. Assessment for extention to property line authorized . Power and authority is given the Mayor and Council of the City, in addition to assessing the cost of the purchase, laying, and construction of sewers or drains in the streets upon abutting property owners, as herein provided, to likewise assess and collect from abutting property owners that total cost of extending such sewers, for the purposes of connection with residences, to the property line, at the time such sewers are laid, or subsequent thereto; such assessments to be made and collected in the same manner and subject to the same conditions and limitations as hereinbefore provided for the purchase, laying, and construction of the main sewer, and subject also to the same remedy of the defendant in execution as hereinbefore provided in section 7.12 of this chapter. Section 7.24. Extensions from sewer line to property line, authorized . Whenever a sewer is laid or constructed in any street or public place, the City is authorized to make extensions from same to the property line-that is, the line of the property abutting on the street or public place where the extensions are made, said extensions to be installed at established intervals of not less than 50 feet each in the residential section of the City and not less than 20 feet each in the business section of the City; and the Mayor and Council are hereby authorized to assess the property abutting on the street or public place for the total cost of constructing the extensions; that where same are made in front of the abutting property, the assessments for making extensions shall be made in connection with and at the same time of the laying and construction of the main sewer; and that the assessments shall be made and collected in the same manner and subject to the same conditions and limitations as hereinbefore provided in section 7.12 of this chapter.

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Section 7.25. Condemnation . The Mayor and Council are hereby authorized to construct and lay down sewer or drains through private property within and beyond the corporate limits of the City, provided such property is first condemned for such purposes in accordance with the laws of the State of Georgia. Section 7.26. Drain defined . The word, drain, as used in this chapter, shall include storm sewers, culverts, catch basins, as well as other kinds of drainage. Section 7.27 through 7.30 Reserved . Chapter 3. Water Mains, Drains . Section 7.31. Assessment of cost, authority of Mayor and Council; enforcement of assessments, etc . The Mayor and Council of the City shall have full power and authority to assess the total amount of such assessments by executions issued by the clerk against the real estate so assessed and against the owner thereof at the date of the ordinance making such assessments, which execution may be levied by the marshal of the city on such real estate, and, after advertising and other proceedings as in cases of tax sales, same shall be sold at public outcry to the highest bidder, and such sale shall pass absolute title to the purchaser, and the city marshal shall have the right to eject occupants and put the purchasers into possession; provided, that the defendant named in the execution shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, and stating what amount, if any, he or she admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and affidavit received for the balance; and all such affidavits received shall be returned to the Superior Court of Lowndes County, Georgia, and shall be there tried and the issue determined as in cases of illegality filed for delay only. Section 7.32. Ordinance, required; publication, notice . The purchase of, the laying of, and the connecting of all water mains under this chapter shall be provided for by

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ordinance; that, after the first reading of an ordinance providing for a water main, notice of the introduction of same shall be published in the Valdosta Daily Times, or other daily paper published in the City; that such notice shall contain a statement of the line along which the proposed water main is to be laid, and a statement of the general character, material, and size of such water main and the date of the introduction of such ordinance, without stating therein any of the other contents of the ordinance; that the notice shall be so published in at least as many as six (6) consecutive issues of the Valdosta Daily Times, or other daily paper published in the City; and if a majority of the owners of the land liable to assessment as provided in section 7.22 of this chapter shall not, within 15 days after the last publication of the notice, file with the clerk their protest in writing against the adoption or passage of the ordinance, then the ordinance may be adopted or passed by the Mayor and Council of the City at any regular or called meeting held subsequently to the expiration of the said period of 15 days after the last publication of the notice; and that substantial compliance with the above requirements as to the notice shall be sufficient. Section 7.33. Assessment of cost of extension from line to property line . Power and authority is given the Mayor and Council of the City, in addition to assessing the cost of the purchase, laying, and connecting of water mains in the streets upon abutting property owners, as herein provided, to likewise assess and collect from abutting property owners the total cost of laying to the property line and connecting with the water mains water pipes for the purposes of connection with residences, at the time such water mains are laid and connected, or subsequent thereto; such assessments to be made and collected in the same manner and subject to the same conditions and limitations as hereinbefore provided for the purchase, laying, and connecting of the water mains, and subject also to the same remedy of the defendant in execution as hereinbefore provided in section 7.22 of this chapter. Section 7.34. Connection intervals authorized; assessments, etc. Whenever a water main is laid and connected

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in any street or public place, the City is authorized to lay to the property line-that is, the line of property abutting on the street or public place where such extensions are made, and connect with the water mains water pipes, such extensions to be installed at established intervals of not less than 50 feet each in the residential section of the City, and not less than 20 feet each in the business section of the City; and the Mayor and Council are hereby authorized to assess the property abutting on the street or public place for the total cost of laying and connecting such water pipe lines with the water mains; that where same are made in front of said abutting property, the assessments for laying and connecting the water pipe lines with the water mains shall be made in connection with and at the same time of the laying and connecting of the water mains; and that such assessments shall be made and collected in the same manner and subject to the same conditions and limitations as hereinbefore provided for the purchase, laying, and connecting of the water mains, and subject also to the same remedy of the defendant in execution as hereinbefore provided in section 7.22 of this chapter. Section 7.35. Condemnation . The Mayor and Council are hereby authorized to lay and connect water mains through private property within the corporate limits of the City, provided such property is first condemned for such purposes in accordance with the laws of the State of Georgia. Section 7.36. Double assessment for corner lots, exemption . In case of real estate situated on street corners and having frontage on streets in which a sewer or drain is first laid; and when a sewer is laid on the other street, 150 feet of frontage shall be exempt from such assessment on the owner and real estate for the last named sewer or drain; and likewise, in case of real estate situated on street corners and having frontage on two (2) streets, the owners and real estate thus situated shall be assessed for water mains and connections therewith, as by this chapter provided, for the frontage on the street in which a water main is first laid; and when a water main is laid on the other street, 150 feet of frontage shall be exempt from such assessment on the owner and real estate for the last named water main.

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Section 7.37. Liens . All the assessments herein authorized and provided for shall be a lien on the property against which the assessment is made, which lien shall be superior to all other liens except for taxes, including ad valorem taxes and occupation taxes, liens for paving streets or sidewalks, and other street or sidewalk improvements; and the lien of all the assessments herein authorized and provided for shall date from the date of the adoption of the ordinance making such assessments. Section 7.38. Assessment for ditches, canals, drainage ditches, etc . The Mayor and Council shall have full power and authority to assess by ordinance or resolution duly passed in open session and meeting, two-thirds of the cost of digging, cutting, and constructing ditches, canals or drainage pipes for the purpose of draining any lands in the City against the land immediately and directly drained and benefited by such ditch, canal or drainage pipe so dug, cut or constructed, and against the owners thereof; said assessment to be prorated according to the amount of land drained, the benefit accruing therefrom, and all other facts and circumstances connected therewith, and the same shall be and become a judgment against the land and the owner thereof, and a lien against the land assessed from the date of the passage of the ordinance or resolution, and should the owner of such land fail or refuse to pay the amount assessed against such land within 30 days from the date of the assessment, the same shall be collected by execution issued by the City clerk against the real estate so assessed and against the owner at the date of the assessment, which execution to be levied by the marshal or chief of police of the City upon such real estate, and same shall be advertised and sold as provided for in cases of sales for taxes; such sale shall pass absolute title to the purchaser, who shall be put in possession by the officer making the sale; provided, however, that the defendant or owner of the land shall have the right to file his affidavit of illegality with such levying officer in which he or she shall have the right to set up and take advantage of any and all defenses to which he may have a right under the law, said illegality to be as other cases of illegality, and provided, further, that in all cases where, as provided by law, damages have been awarded to the

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owner of any land thus assessed, the Mayor and Council shall allow the amount of such drainage as a set-off against such assessment, or same may be taken advertage of in said affidavit of illegality. Sections 7.39 through 7.40 Reserved . Chapter 4. Utilities Section 7.41. Regulations relative to water supply, authorized . The Mayor and Council shall have power to make rules and regulations respecting the introduction of water in or upon the premises, and from time to time to regulate the use thereof in such manner as shall seem to them proper, and the superintendents or inspectors in their service are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where the water is taken and used, and where unnecessary waste thereof is found, to inspect, examine and inquire as to the cost thereof. They shall have the power also to examine all service pipes, stop cocks and other apparatus connected with said water system, for the purpose of ascertaining whether same are of the character and dimensions and fixed in the manner directed in the permits issued therefor, and if any person or persons refuse to permit such examinations, or oppose or obstruct such officer in the performance of his duty, he, she or they so offending shall be liable to such damages as the Mayor and Council may prescribe, not inconsistent with this Charter. Section 7.42. Water rates . The Mayor and Council shall have power to regulate the distribution and use of water in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and may erect such number of public hydrants and in such places as they shall see fit, and directing in what manner and for what purposes they shall be used, and all of which they may change at their discretion. They shall have power and authority to require the payment in advance for the use and rent of water furnished by them in or upon any building, place or premises, and in case prompt payment shall not be made, they may

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shut off the water from such place, building or premises, and shall not be compelled again to supply such place, building or premises with water until said arrears, with interest thereon, shall be promptly paid. Cross Reference: For authority to establish waterworks and electricity systems, see Appendix I (8). Section 7.43. Protection of water supply . If any person or persons shall maliciously or wrongfully divert the water or may portion thereof from the waterworks, or shall corrupt or render the same impure, or shall destroy or injure any canal, aqueduct, public conduit, machinery or other property used or required for procuring or distributing the water, such person or persons, their aiders and abettors, shall forfeit to the Mayor and Council, to be recovered in an action for damages, treble the amount of damages (besides the cost of suit) which shall appear on trial to have been sustained, and all such acts are hereby declared to be misdemeanors, and the parties found guilty thereof may be further punished as for a misdemeanor under the Code of Georgia. Sections 7.44 through 7.50 Reserved . ARTICLE VIII SCHOOLS Section 8.1. Public school system continued . The public school system established pursuant to an Act of the Georgia General Assembly (Ga. L. 1893, Act No. 371, approved December 20, 1893), as amended, in the City of Valdosta, Georgia, is hereby continued and shall be conducted, maintained, supported and provided for in the manner therein prescribed. ARTICLE IX GENERAL PROVISIONS Chapter 1. Regulation of Conduct Section 9.1. Participation in elections . (a) No appointed

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officer or employee of the City shall in any manner contribute to, participate or take part in any election, primary or any political contests, other than by exercising his right to vote; provided, the foregoing prohibition shall apply only to those elections, primaries or political contests for offices of the City. Any person violating the provisions of this section shall be punishable as for violation of a City ordinance. (b) The Mayor or any Council member during the current term of office of such person, in order to qualify to run for election to an elective municipal office other than that currently held by such person, must first have resigned from the elective office held by such person at least five days prior to the opening of qualification for such election. Section 9.2 through 9.10 Reserved . Chapter 2. Sale and Disposition of Property Section 9.11. Methods of sale . The City may dispose of any real or personal property belonging to the City by: (1) Private negotiation and sale; (2) Advertisement for sealed bids; (3) Public auction; or (4) Exchange of property. Section 9.12. Private sale . When the Mayor and Council proposes to dispose of real property by private sale, it shall at a regular Council meeting adopt a resolution or order authorizing an appropriate City official to dispose of the property by private sale at a negotiated price. The resolution or order shall identify the real property to be sold and may, but need not, specify a minimum price. The resolution or order shall be published once after its adoption, and no sale shall be consummated thereunder until 10 days after its publication.

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Section 9.13. Advertisement for sealed bids . The sale of property by advertisement for sealed bids shall be done in the manner prescribed by ordinance of the Mayor and Council, except that in the case of real property the advertisement for bids shall be begun not less than 30 days before the date fixed for opening bids. Section 9.14. Public auction . The City may sell real or personal property by public auction. The Mayor and Council shall first adopt a resolution authorizing the sale of real property, describing the property to be sold, specifying the date, time, place, and terms of sale and stating that any offer or bid must be accepted and confirmed by the Mayor and Council before the sale will be effective. The resolution may, but need not, require that the highest bidder at the sale make a bid deposit in an amount specified in the resolution. The Mayor and Council shall then publish a notice of the sale once, 15 days before the sale. The notice shall contain a general description of the land sufficient to identify it, the terms of the sale, and a reference to the authorizing resolution. After bids have been received, the highest bid shall be reported to the Mayor and Council, and the Mayor and Council shall accept or reject it within 30 days thereafter. If the bid is rejected, the Mayor and Council may readvertise the real property for sale. Section 9.15. Exchange of property . The City may exchange personal property. The City may exchange any real property belonging to the City for other real property by private negotiation if the City receives a full and fair consideration in exchange for its property. Real property shall be exchanged only pursuant to a resolution authorizing the exchange adopted at a regular meeting of the Mayor and Council upon 10 days' public notice. Notice shall be given by publication describing the properties to be exchanged stating the value of the properties and other consideration changing hands, and announcing the Mayor and Council's intent to authorize the exchange at its next regular meeting.

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Section 9.16 through 9.20 Reserved . Chapter 3. Other Provisions Section 9.21. Ordinances and regulations . Existing ordinances and resolutions of the City and existing rules and regulations of the City and its agencies not inconsistent with the provisions of this Charter shall be effective ordinances and resolutions of the City or of its agencies until they have been repealed, modified, or amended. Section 9.22. Contracts and obligations; proceedings . (a) All contracts, orders, leases, bonds and other obligations or instruments entered into by the City or for its benefit prior to the effective date of this Charter shall continue in effect according to the terms thereof, as obligations and rights of the City. (b) No action or proceeding of any nature (whether civil or criminal), judicial or administrative, or otherwise, pending at the effective date of this Charter by or against the City or its departments and agencies shall be abated or otherwise affected by the adoption of this Charter. The existing departmental organization of the City shall continue in effect upon the effective date of this Charter until such organization is changed or reorganized as provided by ordinance of the Council and administrative regulations consistent therewith. Section 9.23. Section captions . The captions of the several sections of this Charter are informative only and are not to be construed as a part thereof. Section 9.24. Severability . If any provisions of this Charter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Charter which can be given effect without the invalid provision or application, and to this end the provisions of this Charter are declared to be severable.

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Section 9.25. General repealer . All laws and clauses of laws in conflict with this Act are hereby repealed. APPENDIX I EXPRESS POWERS ENUMERATED In addition to the powers now and hereafter granted to municipalities by law, the City of Valdosta, Georgia, herein referred to as the City, shall have the following express powers to be exercised by the Mayor and Council: (1) To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (4) To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens,

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on such terms and conditions as the donor or grantor may impose; (7) To condemn property, inside or outside the corporate limits of the City for present or future use and for any corporate purpose deemed necessary by the Mayor and Council, under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, or under other applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services; (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 other City-owned property and others; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, streets, 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

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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, 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 regulate the erection and construction of buildings and all other structures; to adopt and enforce 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; (14) To provide for the prevention and punishment of public drunkenness, riots, and public disturbances; (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 itinerant trades, theatrical performances, exhibition, 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 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;

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(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 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, sanitary landfill 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;

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(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, 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 provide for the abatement of nuisances 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 for commitment of persons given jail sentences in the Recorder's Court to any correctional institution 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 or regulate by ordinance such other conduct and activities within the City which, while not constituting an offense against the laws of this State, is deemed by the Mayor and Council to be detrimental and offensive to the peace and good order of the City 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 and to provide for the

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impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of any ordinance enacted hereunder; (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 of officers and employees of the City; (37) 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; (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;

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(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 police and other sworn peace officers; (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 require all such officers and employees of the City as may seem necessary to the Mayor and Council to give good bond and security, to be fixed and judged of by the Mayor and Council, for the faithful performance of their duties; (45) To provide by ordinance for the issuance of executions against any person, firm or corporation, who fail to pay when due to the City, under the provision of the ordinance of the Mayor and Council, any license fee or any liability for the use of water and/or sewer, for the installation of water meters, or for the rent of water meters, and all such executions shall operate as tax executions, the lien of which shall be superior to all other liens except for taxes, liens for sidewalk improvements. Section 2 . An Act incorporating the City of Valdosta, approved November 21, 1901 (Ga. L. 1901, p. 670), as amended, is hereby repealed in its entirety unless otherwise provided in this Act. 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 1976 session of the General Assembly of Georgia local

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legislation to amend the Charter of the City of Valdosta, as amended, to repeal conflicting laws and for other purposes. This 4th day of February 1976. Henry T. Brice City Attorney City of Valdosta Georgia, Fulton County. Personally appeared before me, an officer authorized by law to administer oaths, James M. Beck, who, on oath, says and deposes that he is Representative from the 148th District and author of the foregoing legislation and that the attached copy of Notice of Intention to Apply for Local Legislation was published in The Valdosta Daily Times, the official organ of Lowndes County, on the following dates: February 6th, 13th, and 20th, 1976. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 25th day of February, 1976. /s/ Susan Gordon Notary Public, State of Georgia. Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. TERRELL COUNTY DEPUTY SHERIFFSALARY CHANGED. No. 1081 (House Bill No. 2062). An Act to amend an Act placing the Sheriff of Terrell County, Georgia, on an annual salary in lieu of the fee

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system of compensation, approved February 13, 1970 (Ga. L. 1970, p. 2026), so as to change the minimum compensation of the Deputy Sheriff of Terrell County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Terrell County, Georgia, on an annual salary in lieu of the fee system of compensation, approved February 13, 1970 (Ga. L. 1970, p. 2026), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. (a) The Sheriff of Terrell County shall have the sole power and authority to appoint one deputy who shall be compensated with an annual salary of not less than $8,000.00 per annum, payable in equal monthly installments from the funds of Terrell County. The annual salary of said deputy shall be fixed by the governing authority of Terrell County. Said salary shall not be diminished thereafter during the term of office of said deputy when such salary shall have been once fixed, but may be increased by the governing authority of Terrell County. Salary. (b) It shall be within the sole power and authority of the Sheriff of Terrell County during his term of office to designate and name the person who shall be employed as such deputy, and to prescribe his duties and assignments, and to remove or replace such 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 1976 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Terrell County, Georgia on an annual salary in lieu of the fee system of compensation, approved February 13, 1970 (Ga. L. 1970,

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p. 2026), so as to change the minimum compensation of the Deputy Sheriff of Terrell County; and for other purposes. This 29th day of January, 1976. Terrell County Commissioners To Whom It May Concern; Personally appeared before me the undersigned, Carl Rountree, who deposes and says that he is Editor and Publisher of The Dawson News, a newspaper of general circulation published in Dawson, Terrell County, Georgia and that a Notice of Intention to Introduce Local Legislation concerning the Sheriff of Terrell County, his salary and that of the Deputy Sheriff was published in said newspaper January 29, 1976; February 5 and February 12, 1976. /s/ Carl Rountree Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ Marry S. Barfield Notary Public, Georgia State at Large. My Commission Expires April 25, 1977. (Seal). Approved March 24, 1976. BLECKLEY COUNTY COMMISSIONERSALARY CHANGED. No. 1082 (House Bill No. 2065). 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

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March 20, 1963 (Ga. L. 1963, p. 2387), an Act approved March 31, 1967 (Ga. L. 1967, p. 2381), an Act approved April 23, 1969 (Ga. L. 1969, p. 3387), and an Act approved April 25, 1975 (Ga. L. 1975, p. 4657), 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 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), an Act approved April 23, 1969 (Ga. L. 1969, p. 3387), and an Act approved April 25, 1975 (Ga. L. 1975, p. 4657), is hereby amended by striking in section 9(a), the following: eight thousand ($8,000.00) dollars, and substituting in lieu thereof, the following: twelve thousand dollars ($12,000.00), so that when so amended, section 9(a) shall read as follows: (a) The Commissioner of Bleckley County and his successors in office shall receive twelve thousand dollars ($12,000.00) 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 semimonthly 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. Salary.

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Section 2 . This Act shall become effective on January 1, 1977. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legilsation. I intend to introduce legislation in the 1976 session to adjust the salary of the county commissioners office in Bleckley County. Ben Jessup, Representative, 117th District 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: January 28, February 4, 11, 1976. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

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CITY OF SMYRNACHARTER AMENDEDELECTION DATE CHANGED, ETC. No. 1083 (House Bill No. 2070). 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, so as to increase the corporate limits of the City of Smyrna; to change the date on which elections shall be held to elect a mayor and seven councilmen for the City of Smyrna; to provide 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 Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, is hereby amended by adding a new Section to said charter of the City of Smyrna to be known and designated as section 1-1029, which shall read as follows: Section 1-1029. 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: Corporate limits. `PARCEL ONE: All that tract or parcel of land lying and being in land lot 554 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the easterly side of Lee Street at the intersection of the north Land Lot line of Land Lot 554 and the easterly side of Lee Street; thence running westerly along said Land Lot line 554, a distance of 50 feet to the westerly side of Lee Street; thence running westerly along said Land Lot line 554 a distance of 160 feet to a point; thence running southerly for a distance of 75 feet to a point, thence running easterly for a distance of 151.4 feet to a point located on the westerly side of Lee Street; thence running easterly for a distance of 50 feet to a point located

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on the easterly side of Lee Street; thence running northerly along the easterly side of Lee Street for a distance of 80 feet to the point of beginning. `PARCEL TWO: Said PARCEL ONE being a part of Ward 2 as provided in Ga. L. 1965, p. 3023, as amended.' All that tract or parcel of land lying and being in Land Lot 525 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the northerly side of Daniell Drive 176 feet east of the northeast intersection of King Springs Road and Daniell Drive; running thence north 89 degrees 45 minutes east 330 feet to an iron pin; running thence north 1 degree 11 minutes east 188.4 feet to an iron pin; running thence north 88 degrees 49 minutes west 330 feet to an iron pin; running thence south I degree 2 minutes west 196.3 feet to an iron pin on the north side of Daniell Drive and the point of beginning. Said PARCEL TWO being a part of Ward 2 as provided in Ga. L. 1965, p. 3023, as amended.' `PARCEL THREE: All that tract or parcel of land lying and being in Land Lots 445 and 446 of the 17th District 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the northwesterly side of Belmont Circle a distance of 248.8 feet southwest of the right of way of Old Atlanta Road (Georgia 3); thence running south 66 degrees 47[UNK] 21[UNK] west a distance of 271.72 feet; thence following the curvature of said Belmont Circle in a westerly direction a distance of 127.25 feet (on the chord south 62 degrees 5[UNK] 31[UNK] west 126.73 feet); thence south 87 degrees 03[UNK] 13[UNK] west a distance of 134.43 feet to an iron pin; thence north 12 degrees 49[UNK] 56[UNK] west a distance of 217.3 feet to an

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iron pin; thence north 80 degrees 29[UNK] 32[UNK] east a distance of 506.16 feet to an iron pin; thence south 20 degrees 13[UNK] 44[UNK] east a distance of 130.2 feet to an iron pin and the point of beginning; said tract containing 2.2 acres, more or less, all as shown by a plat of survey made by Lane S. Bishop, registered surveyor, dated 21 November, 1974; the same being recorded in Plat Book 63, Page 50, Cobb County Records. Said PARCEL THREE being a part of Ward 6 as provided in Ga. L. 1965, p. 3023, as amended.' `PARCEL FOUR: All that tract or parcel of land lying and being in Land Lot 666, of the 17th District, 2nd Section, Cobb County, Georgia, being part of lots 21 and 22 as per survey by Lane S. Bishop, Surveyor, dated 7-27-72 and recorded in Plat Book 56, Page 57, Cobb County, Georgia, Records and being more particularly described as follows: BEGINNING at a point on the westerly side of Elmwood Drive 261.4 feet south as measured along the west side of Elmwood Drive from the corner formed by the intersection of the West side of Elmwood Drive and the south right of way of Spring Street; running thence south 89 degrees 39 minutes west a distance of 200.0 feet to an iron pin and corner; running thence south 2 degrees 01 minutes west a distance of 96.0 feet to an iron pin and corner; running thence north 89 degrees 24 minutes east a distance of 200.0 feet to an iron pin and corner located on the west side of Elmwood Drive; running thence north 2 degrees east along the west side of Elmwood Drive a distance of 96.9 feet to an iron pin and the point of BEGINNING. Land Lot 666 of the 17th District, 2nd Section, Cobb County, Georgia, and being parts of subdivided Lots No. 20 and 21 of East Smyrna Subdivision as shown on plat recorded in Plat Book 4, Page 125, records of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the northwest corner of Lot 20 as shown

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on said plat and being the northeast corner of property now or formerly owned by L. J. Holcombe on the south side of Spring Street; thence running east along the south side of Spring Street for a distance of 200 feet; thence running south for a distance of 200 feet to a point and corner; thence running west for a distance of 100 feet to a point and corner; thence running south for a distance of 196 feet to a point and corner; thence running west for a distance of 100 feet to a point and corner; thence running north for a distance of 396 feet to a point and corner to the point of BEGINNING. Said PARCEL FOUR being a part of Ward 1 as provided in Ga. L. 1965, p. 3023, as amended.' `PARCEL FIVE: All that tract or parcel of land lying and being in land lot 277, 17th District, 2nd Section, Cobb County, Georgia, and being Lot 17, Block D, Unit II, Spring Valley Subdivision, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the north side of Pat Mell Road 120 feet westerly from the northwesterly intersection of Mills Lane and Pat Mell Road; thence northeasterly 118.3 feet to a point; thence northwesterly 69 feet to a point; thence southwesterly 40 feet to a point; thence southerly 165 feet to a point on the north side of Pat Mell Road; thence easterly along the north side of Pat Mell Road 80 feet to the point of BEGINNING. Said PARCEL FIVE being a part of Ward 6 as provided in Ga. L. 1965, p. 3023, as amended.' Section 2 . Said Act is further amended by deleting the word Saturday in the fourth sentence of section 6, which reads: Their successors shall be elected biennially on the first Saturday in November preceding the expiration of the term of office.,

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and substituting in lieu thereof the word Tuesday, so that when so amended, said fourth sentence of section 6 shall read as follows: Their successors shall be elected biennially on the first Tuesday in November preceding the expiration of the term of office. Election date. 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. 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 of the Acts heretofore passed relating to the incorporation of the City of Smyrna, including all amendatory Acts to its charter and parts of said Acts, not in conflict with this Act, and all powers belonging to said city, as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain in full force and effect. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1976 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Smyrna,

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Georgia (Ga. L. 1931, p. 955, et seq.), as heretofore amended; and for other purposes. This 26th day of December, 1975. 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 16, 23, 30, 1976. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 5th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

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CERTAIN HOSPITAL BOARD AUTHORITIESMEMBER COMPOSITION CHANGED (17,830-18,080) No. 1084 (House Bill No. 2072). An Act to change the composition and method of appointing members of the board of hospital authorities of this State having a population of not less than 17,830 and not more than 18,080 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 17,830 and not more than 18,080 according to the United States Decennial Census of 1970 or any future such census, the board of the hospital authority in such counties shall consist of five members who shall be appointed by the governing body of the counties for staggered terms as specified by resolution of the governing body. A copy of said resolution adopted by the governing body shall be filed with the Department of Human Resources and the copies of any resolutions adopted by the governing body providing for filling vacancies in the membership of the authority or making any changes in membership shall also be filed with the Department of Human Resources. Appointments to fill vacancies on the board of said authorities shall be filled in the same manner as original appointments. In the event the board of commissioners in such counties are elected from districts, members of the authority shall be appointed so that each commissioner district is represented on the authority. 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 24, 1976.

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GRADY COUNTY BOARD OF COMMISSIONERSTERMS CHANGED, ETC. No. 1085 (House Bill No. 2076). An Act to amend an Act creating a Board of Commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 837), as amended by an Act approved February 24, 1939 (Ga. L. 1939, p. 612), an Act approved March 13, 1957 (Ga. L. 1957, p. 3324), and an Act approved March 30, 1965 (Ga. L. 1965, p. 2895), so as to change the terms of office of the commissioners on said board and provide for staggered terms; to define the manner of fixing the salary of the chairman of said board; to limit the amount of compensation to be paid the chairman; to fix the amount of compensation of the commissioners other than the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Board of Commissioners for the County of Grady approved December 22, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 837), as amended by an Act approved February 24, 1939 (Ga. L. 1939, p. 612), an Act approved March 13, 1957 (Ga. L. 1957, p. 3324), and an Act approved March 30, 1965 (Ga. L. 1965, p. 2895), is hereby amended by striking section 1 in its entirety, and by inserting in lieu thereof a new section 1 to read as follows: Members. Section 1. The Board of Commissioners of Grady County, Georgia, shall consist of five (5) members who shall be freeholders of said county and who shall be elected in the general election to be held on the first Tuesday in November, 1976, and in the November general election thereafter as follows: (a) The commissioners from District No. 3 (Duncanville and Pine Park Election Districts), and District No. 4 (Spence, Blowing Cave and Lime Sink Election Districts), shall be elected to serve for a term of two (2) years beginning January 1, 1977, and until their successors respectively

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are elected and are qualified. The commissioners elected from said districts beginning with the general election in 1978, shall serve for a term of four (4) years beginning January 1, 1979, and thereafter for a term of four (4) years and until their successors respectively are elected and qualified. (b) The commissioners from District No. 1 (Cairo Election District), District No. 2 (Higdon and Reagan Election Districts), and District No. 5 (Spring Hill and Whigham Election Districts), elected in the general election to be held on the first Tuesday in November, 1976, shall serve for a term of four (4) years beginning January 1, 1977, and thereafter for a term of four (4) years and until their successors respectively are elected and qualified. Section 2 . Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. That the chairman of said board of commissioners of said county shall receive for his services a monthly salary to be fixed by the board as a whole, but not to exceed the sum of $400.00 monthly, and the four (4) commissioners of said county other than said chairman, shall receive for their services a monthly salary to be fixed by the board as a whole, but not to exceed the sum of $150.00 per month each. Salaries. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a Bill to change the compensation and to stagger the terms of the members of the Board of Commissioners of Grady County, and for other purposes. Said act will amend the Act of 1937 creating the Board of Commissioners of Grady County as subsequently amended.

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This 3rd day of February 1976. Willard H. Chason County Attorney, Grady County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following dates: February 6, 13, 20, 1976. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me, this 25th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. CITY OF HOMERVILLECHARTER AMENDEDELECTION PROVISIONS CHANGED, ETC. No. 1086 (House Bill No. 2077). 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, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 791), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3968), so as to

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change the provision relating to municipal general elections; to change the provisions relating to the terms of office of the mayor and alderman; to provide that the city manager may be elected at the first annual meeting of the city council; to repeal certain provisions relating to city clerk; 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, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 791), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3968), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. (a) The municipal general election for the City of Homerville shall be conducted on the first Wednesday in December of each even-numbered year. Election. (b) The mayor elected to office in such election shall take office on the first day of January following his election, to serve for a term of office of two years and until his successor is duly elected and qualified. Aldermen elected to office in the municipal general election to be conducted in 1976 shall take office on the first day of January, 1977, to serve for a term of office of four years and until their respective successors are duly elected and qualified. Successors to aldermen shall be elected in the municipal general election to be conducted immediately preceding the expiration of the terms of office of all aldermen, and aldermen elected in such municipal general election shall serve for a term of office of four years each and until their successors are duly elected and qualified. (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.

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(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 striking from section 17 thereof the following: Be it further enacted, that at, and inserting in lieu thereof the following: At, and by inserting after the words city attorney,, the following: a city manager,, so that when so amended section 17 shall read as follows: Section 17. At the first regular meeting of the city council of Homerville on the first Tuesday in January of each year, they shall elect one of their number mayor pro tempore for a term of one year, who shall, in the absence or disqualification of the mayor, or during a vacancy in said office, be vested with all the authority of the mayor and as such perform all the duties of the mayor. The city council may also at said meetings elect for said city a chief of police and as many policemen as they deem necessary, a recorder, a clerk and treasurer; a city attorney, a city manager, and city physician, and may elect such other officers and employees of said city as they may deem necessary; and they shall have power to fix and provide for the salaries or compensation of the officers or employees so elected. All of said officers shall be elected for terms of one year, and until their successors

Page 3256

shall be elected and qualified, unless sooner discharged and removed from office. Each of said officers shall take such oath of office, give such bonds, and perform such duties as shall be fixed by ordinance; and the city council of Homerville shall have power and authority to suspend and remove such officers, or impose fines on said officers for gross neglect or malfeasance, after a fair and impartial trial. Mayor pro tempore. Section 3 . Said Act is further amended by striking in its entirety section 56 thereof which reads as follows: Section 56. Be it further enacted, That the city council of Homerville shall have full power and authority to employ a clerk whose compensation shall not exceed one hundred twenty five ($125.00) dollars per month. They shall have power to exact from him a bond in any amount they see fit, and said clerk shall serve at their pleasure. Clerk. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1976 session of the General Assembly of Georgia a bill to amend an Act creating a new Charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, page 1921), as amended, and for other purposes. This 26th day of January, 1976. Ottis Sweat, Jr. State Representative, District 150. Georgia, Clinch County. Personally appears before me, an 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, Clinch County, Ga., that said publication is the official organ of Clinch County and the City of Homerville,

Page 3257

Ga., and that the attached notice was duly published in said publication in three consecutive weekly issues, Friday, January 30, 1976, Friday, February 6, 1976, and Friday, February 13, 1976. This 13th day of February, 1976. /s/ Iverson H. Huxford Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Beulah Nettles Notary Public, Clinch County, Ga. (Seal). Approved March 24, 1976. CERTAIN MUNICIPALITIESPENSION ACT AMENDED (150,000 OR MORE). No. 1087 (Senate Bill No. 93). An Act to amend an Act approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act and the several Acts amendatory of said Act, particularly as amended by Acts approved March 28, 1947 (Ga. L. 1947, pp. 1635, 1638, Section 7), by Acts approved April 5, 1965 (Ga. L. 1965, pp. 3256, 3257, section 3), and by an Act approved April 7, 1972 (Ga. L. 1972, pp. 4125, 4126, section 2), so as to repeal said section of Ga. L. 1972, pp. 4125, 4126, and by substituting in lieu thereof another provision which shall constitute section 2 and which provides pensions for officers failing to be reelected or reappointed or whose offices are abolished; to

Page 3258

provide that the provisions of this Act shall not apply to certain officers or persons; 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 . This Act shall be known and may be cited as The Equal Retirement Benefits Act of 1975. Section 2 . That the Act approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), as amended by Acts approved March 28, 1947 (Ga. L. 1947, pp. 1635, 1638, section 7), as further amended by Acts approved April 5, 1965 (Ga. L. 1965, pp. 3256, 3257, section 3), and as further amended by an Act approved April 7, 1972 (Ga. L. 1972, pp. 4125, 4126, section 2), be and is hereby further amended as hereinafter set forth in this Act. Section 3 . Section 2 of Ga. L. 1972, p. 4125, 4126, approved April 7, 1972, is hereby stricken and a new section 2, which shall provide a new section 7 of Ga. L. 1947, pp. 1635, 1638, approved March 28, 1947, is inserted in lieu thereof and which shall read as follows: Section 7. That said Act as amended, be further amended by adding the following provision: Any officer elected or appointed for a definite term who is a member of said pension fund, who shall fail to be reelected or reappointed, or whose office shall be abolished, shall be entitled to a pension on the following basis: No such person shall be entitled to a pension until such person has either been elected or appointed for at least four terms or has been in the employment of the city for a period of fifteen (15) years and who was a member of the pension fund at the time of his retirement. Such person shall thereafter be entitled to receive as a pension such percentage of the full pension provided for as his years of service bear to twenty-five (25) years. Such pension shall be computed and paid in the manner provided in Ga. L. 1941, pp. 468, 470, section 3, and Ga. L. 1945, pp. 1003, 1004, section 6, now codified respectively

Page 3259

as section 8 and section 9 of Appendix A of Part I of the Code of the City of Atlanta of 1953. Such officer shall otherwise be entitled to all the rights and benefits provided in said Act for officers and employees who may have provided for a beneficiary and/or who have or may become totally and permanently disabled. Provided, however, if such person or officer either voluntarily or by compulsion has come under the provisions of Ga. L. 1962, p. 3140, then the pension to which such person or officer may be entitled to, as hereinabove provided, shall be computed and paid in the manner provided in Ga. L. 1962, pp. 3140, section 1. Such officer shall otherwise be entitled to all the rights and benefits provided in said Act for officers and employees who have or may become totally and permanently disabled. Section 4 . This Act amending the Act approved April 7, 1972 (Ga. L. 1972, pp. 4125, 4126), and particularly sections 2 and 3 of this Act, shall not apply to nor affect any officer or person who, prior to the date of approval of this Act, had been elected or appointed for a definite term; and such officer or person shall continue to be entitled to the privileges and benefits of the Act approved April 7, 1972 (Ga. L. 1972, pp. 4125, 4126), the same as if said Act had not been repealed by this Act. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. FULTON COUNTYPENSION ACT AMENDED. No. 1103 (Senate Bill No. 521). An Act to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, so as to provide a minimum pension payment for certain former officers and employees; to provide for the payment

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of such minimum pension payment from certain funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, is hereby amended by adding following section 4 a new section to be designated section 4A, to read as follows: Section 4A. A minimum monthly pension payment for former officers and employees who are entitled to pension payments under this Act and who retired prior to January 1, 1964, shall be computed by multiplying the number of years of creditable service by ten dollars. Any former officer or employee who is entitled to pension payments under this Act and who retired prior to January 1, 1964, shall receive a minimum monthly pension payment provided in this section or the monthly pension payment the employee is presently receiving, whichever is greater, beginning with the effective date of this section. The pension payments provided for herein shall be paid from the pension fund created pursuant to the provisions of this Act. 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, 1976 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

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Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the 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, 1975, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 6th day of January, 1976. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires October 24, 1979. (Seal). Approved March 24, 1976. BALDWIN COUNTY SMALL CLAIMS COURTJURISDICTION CHANGED. No. 1107 (Senate Bill No. 589). An Act to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, approved April 21, 1967 (Ga. L. 1967, p. 3312), so as to change the jurisdiction of the Small Claims Court of Baldwin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a Small Claims Court for Baldwin County, Georgia, approved April 21, 1967 (Ga. L. 1967, p. 3312), is hereby amended by striking from section 1 the following:

Page 3262

$1,000.00, and inserting in lieu thereof the following: $1,500.00, so that when so amended section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court for Baldwin County, Georgia, to be known as the Small Claims Court of Baldwin County, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00 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. Jurisdiction. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating and establishing the Small Claims Court for Baldwin County, approved April 21, 1967 (Ga. L. 1967, p. 3312), so as to change the jurisdiction of said court; and for other purposes. This 10th day of January, 1976. Culver Kidd Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District,

Page 3263

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 15, 22, 29, 1976. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. HANCOCK COUNTYSMALL CLAIMS COURT CREATED. No. 1109 (Senate Bill No. 591). An Act to create and establish a Small Claims Court of Hancock 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 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 the county wherein such judge presides; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims

Page 3264

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 the validating of the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court of Hancock County, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, 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 . Any person appointed as a judge of the small claims court created by this Act must be a resident of the county, at least twenty-two years of age, and must be a person of outstanding character and integrity. Judge. All other officers appointed to or employed by said court now or hereafter provided must be at least twenty-one 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 the 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. Vacancy.

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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 a small claims court; or by registered mail or certified with receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by 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

Page 3266

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 $5.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered mail, the date of mailing shall be the date of service. Section 7 . A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8 . (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $8.50, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $8.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs.

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(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levy officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court, and the judge shall be entitled to $8.50 for every such claim case. The same practice and procedure shall apply in cases of affidavits of illegality. All attachment proceedings shall also be tried by the judge and without a jury. Section 9 . (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on merits. Trial. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10 . If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Setoff.

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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. 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 any such county may from time to time make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14 . The judge of said court shall have the power to appoint one or more bailiffs of and for said small claims court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said small claims court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables

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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 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 17 . Until otherwise provided by rules of court, the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms. Small Claims Court Hancock County, Georgia Georgia

Page 3270

Statement of Claim (Here the plaintiff, or at his request the court, will insert a statement of the plaintiff's claim, and the original to be filed with the court, may if action is on a contract, express or implied, be verified by the plaintiff or his agent, as follows:) State of Georgia County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant or plaintiff, exclusive of all setoffs and just grounds of defense. Sworn and subscribed before me, thisday of, 19 Notice. You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofdollars ($), as shown by the foregoing statement. The court will hold a hearing upon this claim onat.m. at (address of court).

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You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. (Seal). Section 18 . The judge of the Small Claims Court of Hancock County appointed pursuant to the provisions of an Act approved March 21, 1968 (Ga. L. 1968, p. 2386), as amended, shall serve as judge of the Small Claims Court of Hancock County created by this Act until the expiration of his term on December 31, 1978. During the month of December, 1978, and each four years thereafter, it shall be the duty of the judge of the Superior Court of Hancock County to appoint a successor who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified. The judge of the small claims court shall be exempt from jury duty in any other court in the county. Section 19 . 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. Courtroom. Section 20 . The State Librarian is hereby authorized and directed to furnish the small claims court, without cost to

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the court or the county, all volumes of Georgia Laws, beginning with the laws of 1967. 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 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 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

Page 3273

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 the small claims court of the county shall have the power to impose fines of not more than $10.00 or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Fines. Section 24 . The fee of 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 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. fa. Section 25 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 26 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to recreate a Small Claims Court for Hancock County; to provide for the judge, officers, practices, procedures, forms, costs and jurisdiction of said court; and for other purposes.

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This 12th day of January, 1976. Culver Kidd, Senator, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 15, 22, 29, 1976. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 5th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. SMALL CLAIMS COURTCERTAIN ACT CREATING REPEALED. (9,977-10,140). No. 1110 (Senate Bill No. 592). An Act to repeal an Act creating and establishing a small claims court in each county having a population of not less than 9,977 and not more than 10,140 according to the official United States Decennial Census of 1960 or any future such census, approved March 21, 1968 (Ga. L. 1968,

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p. 2386), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 3800); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a small claims court in each county having a population of not less than 9,977 and not more than 10,140 according to the official United States Decennial Census of 1960 or any future such census, approved March 21, 1968 (Ga. L. 1968, p. 2386), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 3800), is hereby repealed in its entirety. Section 2 . The provisions of this Act shall become effective on the date on which a local Act creating a Small Claims Court of Hancock County becomes effective. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1976. CITY OF MILLENCHARTER AMENDEDELECTION DATE CHANGED, ETC. No. 1112 (Senate Bill No. 597). An Act to amend an Act creating a new charter for the city of Millen, Georgia, approved March 24, 1939 (Ga. L. 1939, p. 1163), as amended, so as to change the election date in said city; to change the jurisdiction of the mayor's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the city of Millen, Georgia, approved March 24, 1939 (Ga. L. 1939, p. 1163), as amended, is hereby amended by striking section 3

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in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The present mayor and councilmen of said city shall continue to serve the terms of office for which they were elected and until their successors are duly elected and qualified. On the second Tuesday in January, 1976, and biennially thereafter, an election shall be conducted for the purpose of electing three councilmen and a mayor who shall serve for terms of office of two years each and until their successors are duly elected and qualified. On the second Tuesday in January, 1977, and biennially thereafter, an election shall be conducted for the purpose of electing two councilmen who shall serve for terms of office of two years each and until their successors are duly elected and qualified. Minor officers elected or appointed by said mayor and councilmen shall hold office and discharge the duties thereof for the terms for which they were elected or appointed, unless sooner removed by said mayor and councilmen for cause. Elections for these enumerated officers, mayor and councilmen, shall be held at the City Hall of Millen. Election. Section 2 . Said Act is further amended by striking section 30 in its entirety and inserting in lieu thereof a new section 30 to read as follows: Section 30. Be it further enacted by the authority aforesaid, that the mayor or in his absence or disqualification of both the mayor and the mayor pro tem, any member of the council may hold a court, to be called the `mayor's court, for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, to punish for contempt. The punishment for any violation of a city law or ordinance, when not otherwise provided in this Act, shall be a fine not exceeding five hundred dollars, imprisonment in the city guardhouse or in the county jail, by permission of the county authorities, for a period not exceeding thirty days, work on the street or such other places where the offender may be lawfully placed at work under this charter, for a period not exceeding

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thirty days; one or more or all of these punishments at the discretion of the trial court. Said court may, also, punish by fine not to exceed one hundred dollars and in case said sum is not paid may imprison for a period not to exceed twenty days for contempt of said court, when contempt is committed in or against said court. Any person convicted before said mayor's court for any violation of the laws or ordinances of said city may enter an appeal from the judgment of said court to the city council; provided, the appeal be entered instanter and bond for his appearance to abide the decision of the city council be given; said bond to be approved by the chief of police. At the trial of such appeal the mayor, the mayor pro tem or any member of the city council may preside, and it shall require three votes of the council to reverse the judgment of the court from which the appeal is made. In the event such sentence or judgment is reversed, the said city council may proceed to either acquit the offender or impose such sentence as they may see fit, consistent with the provisions of this charter, and if such sentence shall be affirmed and approved by said city council there shall be no need to pronounce a new sentence upon the offender, but the original sentence shall at once be enforced, unless suspended in accordance with the law governing certiorari from the county courts of this State, as set forth in the Code of the State of Georgia, the right of certiorari in accordance with said law being hereby given. Mayor's court. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Millen, Georgia, approved March 24, 1939 (Ga. L. 1939, p. 1163), as amended, so as to change the election date in said

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city; to change the jurisdiction of the mayor's court; and for other purposes. This 13th day of January, 1976. J. P. Cheney City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis, Jr. who, on oath, deposes and says that he is Senator from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Millen News which is the official organ of Jenkins County, on the following dates: January 15, 22, 29, 1976. /s/ Preston B. Lewis, Jr. Senator, 21st District Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. CITY OF MILLEDGEVILLECHARTER AMENDEDTERM OF MAYOR CHANGED, ETC.REFERENDUM. No. 1113 (Senate Bill No. 618). An Act to amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the term of

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office of the mayor; to change the date on which the mayor, aldermen and other elected officials take office; 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: Section 1 . An Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is hereby amended by adding, following section 5, a new section to be designated as section 5A, to read as follows: Section 5A. Nothwithstanding the provisions of section 5 of this Act or of any other provision of this charter, any person elected to the office of mayor at the city election to be held in 1977, or in any subsequent city election, shall serve for a term of office of four years and until his successor is duly elected and qualified. Section 2 . Said Act is further amended by adding, following section 10, a new section 10A, to read as follows: Section 10A. The provisions of section 10 or any other provision of this charter to the contrary notwithstanding, effective on September 7, 1977, the mayor and aldermen, and any other official of the City of Milledgeville who is elected by the voters of the city shall take office on the first day of the month following the month in which the election is held and shall serve for terms of office as otherwise prescribed in this charter. Section 3 . Not less than one nor more than 20 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Milledgeville to issue the call for an election for the purpose of submitting this Act to the electors of the City of Milledgeville for approval or rejection. The superintendent shall set the date of such election for the same day as presidential preference primary in 1976. The superintendent shall cause the date and purpose of the

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election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the term of office of the mayor of the City of Milledgeville from two years to four years and providing that the mayor, aldermen and other elected officials of the City of Milledgeville shall take office on the first day of the month following the city election 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 Milledgeville. 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 1976 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 provisions relating to the mayor, aldermen and other elected and appointed officials and their powers, duties and authority; to change

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certain provisions relative to elections; and for other purposes. This 19 day of January, 1976. Culver Kidd Senator, 25th District Wilbur E. Baugh Representative, 108th District Bobby E. Parham Representative, 109th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder which is the official organ of Baldwin County, on the following dates: January 22, 29, and February 5, 1976. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

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CITY OF MILLEDGEVILLECHARTER AMENDEDREFERENDUM AUTHORIZED. No. 1114 (Senate Bill No. 619). An Act to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to authorize and direct the election superintendent of the City of Milledgeville to conduct an election on certain questions; 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 thereto a new section, to be designated as section 25X, to read as follows: Section 25X. It shall be the duty of the election superintendent of the City of Milledgeville to issue the call for an election for the purpose of submitting the questions hereinafter specified to the voters of the City of Milledgeville for approval or rejection. The election superintendent shall set the date of such election for May 4, 1976. 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 Baldwin County. The ballot shall have written or printed thereon the following questions: `1. () YES () NO Shall legislation be enacted to provide a procedure for recall elections for the mayor and aldermen of the City of Milledgeville? Referendum. 2. () YES () NO Should the office of mayor of the City Milledgeville be abolished and a city manager-council form of government be adopted for the City of Milledgeville?'

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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 the City of Milledgeville. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the results 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 1976 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 provisions relating to the mayor, aldermen and other elected and appointed officials and their powers, duties and authority; to change certain provisions relative to elections; and for other purposes. This 19 day of January, 1976. Culver Kidd Senator, 25th District Wilbur E. Baugh Representative, 108th District Bobby E. Parham Representative, 109th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to

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Introduce Local Legislation was published in the Union-Recorder which is the official organ of Baldwin County, on the following dates: January 22, 29, and February 5, 1976. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. CITY OF LEXINGTONCHARTER AMENDEDRECORDER'S COURT. No. 1115 (Senate Bill No. 620). An Act to amend an Act creating a new charter for the City of Lexington, approved April 17, 1973 (Ga. L. 1973, p. 2779), so as to abolish the mayor's court; to create a recorder's court; to provide the jurisdiction, power and authority of said court; to provide for the appointment, qualifications, terms of office and compensation of the recorder and recorder pro tem; to provide oaths of office; to provide for appeals, court costs, subpoenas, and the issuance of processes; to provide for rules of said court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Lexington, approved April 17, 1973 (Ga. L. 1973, p. 2779), is hereby amended by striking Article VI in its entirety and

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substituting in lieu thereof a new Article VI, to read as follows: ARTICLE VI RECORDER'S COURT Section 6.01. Creation . There is hereby established a court to be known as the Recorder's Court, City of Lexington, which shall have jurisdiction and authority to try offenses against laws and ordinances of the City of Lexington and to punish for a violation of the laws and ordinances of the City of Lexington. Said 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 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 Lexington 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 thereto; 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 perform all other acts necessary and proper to the conduct of the recorder's court. The presiding officer of such court shall be known as the recorder. The recorder's court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current as recorder's court dockets. The recorder's court shall sit at a place designated by the mayor and council. Section 6.02. Recorder . (a) The recorder shall be appointed by the mayor and council and shall serve at the pleasure of the mayor and council. (b) No person shall be qualified or eligible to serve as recorder unless the person shall have attained the age of 21 years and shall not have been convicted of a crime involving

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moral turpitude. The mayor and council shall determine recorder's compensation. (c) The mayor and council may appoint a recorder pro tem to serve in the absence of the recorder. Said recorder pro tem shall have the same qualifications as the recorder. If the mayor is the recorder, the mayor pro tem shall act as the recorder pro tem. The recorder pro tem shall serve at the pleasure of the mayor and council. (d) Before entering on duties of this office, the recorder or recorder pro tem shall take an oath before an officer duly authorized to administer oaths in the State of Georgia, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council. Section 6.03. Jurisdiction . The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Lexington passed in accordance with this Act. Said recorder shall have the authority to punish for contempt by imposing a fine not exceeding one hundred dollars or by imprisonment not exceeding thirty days, one or both; said recorder shall have full authority upon conviction to sentence any offender to labor upon the streets or other public works in the City of Lexington for a period not exceeding thirty days, or to impose a fine not exceeding one hundred dollars, or to sentence the offender to be confined and imprisoned in a detention facility that is designated by the mayor and council for a period not exceeding thirty days. Any one or more of said penalties may be imposed at the discretion of the recorder. Except as may be herein otherwise specified, the recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws, generally to mayors, recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Section 6.04. Right of Appeal . The right of appeal and procedures pertaining to appeal bonds to the Superior Court

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of Oglethorpe County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and bonds from the probate court. An appeal to the superior court shall be a de novo proceeding, and the City of Lexington shall be entitled to reimbursement of its costs. Section 6.05. Court Costs . In all cases in the recorder's court, the mayor and council may establish a schedule of fees to defray costs of operation and the City of Lexington shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of State law. The mayor and council may also provide a uniform scale of costs of the clerk and police officers 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 payments into the City of Lexington treasury. The recorder is hereby authorized to issue subpoenas to compel the attendance of witnesses to said recorder's court, and to issue such other processes as may be necessary for the proper administration of said court. Section 6.06. Rules for Court . With the approval of the mayor and council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of the recorder's court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the superior courts under the general laws of the State of Georgia. The recorder shall have the powers of a superior court judge to control the proceedings in the recorder's court. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia

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a bill to amend an Act creating a new charter for the City of Lexington, approved April 17, 1973 (Ga. L. 1973, p. 2779), so as to create a Recorder's Court; to abolish the Mayor's Court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 12th day of January, 1976. Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo which is the official organ of Oglethorpe County, on the following dates: January 22, 29, and February 5, 1976. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. CITY OF RICHMOND HILLCHARTER AMENDEDCORPORATE LIMITS CHANGEDREFERENDUM. No. 1116 (Senate Bill No. 630). An Act to amend an Act creating and incorporating the City of Richmond Hill in the County of Bryan and granting a

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new charter to said city, approved March 3, 1962, (Ga. L. 1962, p. 2505), as amended, so as to change the corporate limits of said city; 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 . An Act creating and incorporating the City of Richmond Hill in the County of Bryan and granting a new charter to said city, approved March 3, 1962 (Ga. L. 1962, p. 2505), as amended, is hereby amended by adding at the end of section 2 a new paragraph to read as follows: The corporate limits of said city shall also include the following territory: `All that certain tract, lot, or parcel of land situate, lying and being in the 20th Georgia Militia District, Bryan County, Georgia, and being described as follows: Beginning at the intersection of the easterly boundary of the right-of-way of the western track of the Seaboard Coastline Railroad, and the southwesterly boundary of the City of Richmond Hill, and thence, running southwesterly along the eastern boundary of the right-of-way of the western tract of the Seaboard Coastline Railroad, a distance of 8,400 feet to a point; thence, running south 45 degrees 00 minutes east, a distance of 1,650 feet to a point; said point being the intersection of the center line of Butler Road and the center line of U. S. Highway 17; thence running southwesterly along the center line of Butler Road to a point; said point being the intersection of the center line of Butler Road and the westerly boundary of the right-of-way of the eastern track of the Seaboard Coastline Railroad; thence, running northeasterly along said western boundary of the right-of-way of the eastern track of the Seaboard Coastline Railroad; thence, running northeasterly along said western boundary of the right-of-way of the eastern track of the Seaboard Coastline Railroad, a distance of 7,980 feet to a point; said point being the intersection of the southwestern boundary of the city limits of Richmond Hill, Georgia,

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and the westerly boundary of the right-of-way of the eastern track of the Seaboard Coastline Railroad; thence, north 51 degrees west along said southwesterly boundary of the city limits of Richmond Hill, a distance of 4,140 feet to a point; said point being the point of beginning.' Section 2 . If this Act is approved in the referendum provided for in section 3, the provisions of section 1 shall become effective November 1, 1976. Effective date. Section 3 . Not more than 60 days after the date of the approval of this Act by the Governor, 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 residing within the corporate limits of the City of Richmond Hill and to the electors of Bryan 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 city and the votes cast by the electors residing within the area proposed to be annexed by this Act shall be counted separately. 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 extending the corporate limits of the City of Richmond 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 City of Richmond 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.

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The expense of such election shall be borne by the City of Richmond 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 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1976 session of the General Assembly of Georgia, a bill to amend an act creating and incorporating the City of Richmond Hill in the County of Bryan and granting a charter to said city approved March 3, 1962 (Ga. L. 1962, p. 2505), so as to change the corporate limits of said city; and for other purposes. This 15th day of January 1976. Mell Traylor, Senator, 3rd District Georgia, Bryan County. Before me, the undersigned attesting officer, personally appeared Mell R. Traylor, who being duly sworn, on oath says that the Pembroke Journal is a newspaper having a general circulation in said County, published weekly, therein; that it is the Official Organ of Bryan County; and that he is the publisher thereof. He further swears that the clipping attached hereto is from an advertisement which was run in said paper in issues of the following dates: January 15, 22 and 29, 1976. /s/ Mell R. Traylor Senator, 3rd District

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Sworn to and subscribed before me, this 10th day of February, 1976. /s/ Susan Gordon Notary Public Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. HANCOCK COUNTY BOARD OF COMMISSIONERSELECTION PROVISIONS, ETC. No. 1117 (Senate Bill No. 645). An Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended by an Act approved December 4, 1902 (Ga. L. 1902, p. 217), an Act approved April 3, 1972 (Ga. L. 1972, p. 3622), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3231), so as to provide designations for the offices constituting the board of commissioners; to provide for the time and manner of election to such offices; to provide for terms of such offices; to provide for filling vacancies in such offices; to provide for removal; to provide for the number and time of meetings; to provide for records of such meetings, and for the fees for and the submission of such records; to provide for the office of chairman and for restrictions upon persons serving in such office; to provide compensation for members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended by an Act approved December 4, 1902 (Ga. L. 1902, p. 217), an Act approved April 3, 1972 (Ga. L. 1972, p. 3622), and an Act approved April

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17, 1973 (Ga. L. 1973, p. 3231), is hereby amended by striking section II in its entirety and inserting in lieu thereof a new section II, to read as follows: Section II. (a) There shall be a Board of County Commissioners of Hancock County consisting of three residents of said county. Beginning with the general election of 1976, the three offices constituting said board shall be designated as Post 1, Post 2, and chairman and candidates for said offices shall run for only one of said designated offices and shall specify for which said office they are a candidate. The commissioners elected during the 1976 general election to Posts 1 and 2 shall serve terms of two years and the commissioner elected during the 1976 general election to the office of chairman shall serve a term of four years; thereafter, the term of all three offices shall be four years. Commissioners and the chairman shall be elected in the general election next preceding the expiration of their respective term of office. The result of the election shall be declared as the result is declared in case of other county officers, and in case of contest the method shall be as in case of other county officers. Board. (b) In the event of a vacancy in the initial term of the offices designated as Post 1 and Post 2, the judge of the probate court of the county shall appoint a commissioner to serve out the unexpired term of the office which is vacant. In the event of any other vacancy in any offices of the board of commissioners, when said vacancy occurs prior to sixty days before the first general election occurring within the term of the office which is vacant, the judge of the probate court of the county shall appoint someone to fill said vacancy until a successor is elected and qualified in said first general election to serve out said unexpired term. When a vacancy occurs after said sixty days, the judge of the probate court of the county shall appoint someone to serve out the unexpired term of the office which is vacant. (c) Any member of the board of commissioners shall be removed from office, upon final conviction in any court of competent jurisdiction, of treason against the State, or embezzlement of public funds, malfeasance in office, bribery

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or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary. Upon said final conviction, the office of said member shall be vacated instanter without further action. Section 2 . Said Act is further amended by striking section VI in its entirety and inserting in lieu thereof a new section VI, to read as follows: Section VI. The Board of Commissioners of Hancock County shall hold at least two meetings each month, said meetings to be held during the first and third weeks of each month, and shall keep a record of all their proceedings, and shall submit the same to the inspection of the grand jury at each regular term of the superior court. Said commissioners may hold special sessions, besides the regular monthly sessions, whenever the interests of the county demand it. The clerk of the superior court shall be ex officio clerk of said board, and shall receive the same fees for his services rendered now allowed by law for recording proceedings of the superior court, to be paid by the county treasurer on the order of said board. Meetings. Section 3 . Said Act is further amended by striking section VIII in its entirety and inserting in lieu thereof a new section VIII, to read as follows: Section VIII. The chairman shall receive a salary of $250 per month. The remaining members of the board of county commissioners shall receive a salary of one hundred dollars ($100.00) per month. All such compensation to be paid monthly from the funds of Hancock County. Salaries. 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 1976 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of County Commissioners

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of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, so as to change the provisions relative to the members of the board; to provide for a chairman; to change the provisions relative to meeting of the board; to provide for compensation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 12th day of January, 1976. Culver Kidd Senator, 25th District To Whom it May Concern: This is to certify that the attached legal notice has appeared three issues in The Sparta Ishmaelite on Jan. 22, 29, Feb. 5th. /s/ G. B. Moore, Mgr. Publisher Hancock Publishing Co. The Sparta Ishmaelite Approved March 24, 1976 CITY OF KENNESAWCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1118 (Senate Bill No. 646). An Act to amend an Act creating a new Charter for the City of Kennesaw, Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3296

Section 1 . An Act creating a new Charter for the City of Kennesaw, Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is hereby amended by adding at the end of section 1.02 the following: The corporate limits of the City of Kennesaw shall also include the following described parcels and tracts of land: (a) PARCEL ONE. All that tract or parcel of land lying and being in Land Lot 176 of the 20th District, 2nd section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a fence corner located at the intersection of the southeast line of the right-of-way of the Louisville and Nashville Railroad (a 66-foot right-of-way) with the south line of said Land Lot 176 and run thence South 89 degrees 29 minutes 1 second East along the south line of said Land Lot 176 a distance of 2,611.98 feet to the southeast corner of said Land Lot 176 (being marked by a fence corner located within the lake); run thence North 0 degrees 15 minutes 25 seconds West along the east line Land Lot 176 a distance of 1,432.10 feet to a fence corner located at the intersection of the east line of said Land Lot 176 with the southwest line of the right-of-way of U.S. Highway 41 (a 200-foot right-of-way); run thence North 44 degrees 15 minutes 49 seconds west along the southwest line of said right-of-way of U.S. Highway 41 a distance of 1,812.38 feet to a concrete right-of-way monument located on the north line of said Land Lot 176; run thence North 89 degrees 7 minutes 20 seconds West along the north line of said Land Lot 176 a distance of 470.37 feet to the southeast line of said right-of-way of the Louisville Nashville Railroad; run thence southwesterly along the southeast line of said right-of-way of the Louisville Nashville Railroad, and following the curvature thereof, a distance of 2,875 feet, more or less to the POINT OF BEGINNING; being 111.7 acres in area, as shown on the blueprint of survey, to which reference is made, prepared by W. R. Jordan, Jr., Registered Land Surveyor, dated March 29, 1968.

Page 3297

(b) PARCEL TWO. All that tract or parcel of land lying and being in Land Lots 165 and 178, of the 20th District, 2nd section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the southeast corner of Land Lot 178; running thence north 1 degree east along the east line of Land Lots 178 and 165 a distance of 3,542.4 feet to a point; thence continuing northerly along the east line of Land Lot 165 a distance of 32.4 feet to the center line of a creek; thence westerly and southwesterly along the center line of said creek and following the meanderings thereof 925 feet, more or less, to the southeast side of Pine Mountain Road; thence southwesterly along the southeast side of Pine Mountain Road 1,312.7 feet to an iron pin; thence south 61 degrees 37 minutes east 825.1 feet to a stake; thence south 17 degrees 59 minutes west 353.5 feet to an iron pin; thence south 50 degrees 35 minutes west 389.1 feet to an iron pin thence north 83 degrees 33 minutes west 328.1 feet to a point; thence north 13 degrees 40 minutes west 573.5 feet to an iron pin; thence 51 degrees 7 minutes west to an iron pin on the southeast side of Pine Mountain Road; thence southwesterly along the southeast side of Pine Mountain Road 30 feet to an iron pin; thence south 51 degrees 7 minutes east along property of Clyde T. Dameron 90.6 feet to an iron pin; thence south 13 degrees 40 minutes east along said Dameron property line 552.3 feet to an iron pin; thence south 76 degrees 16 minutes west along said Dameron property line 595.4 feet to an iron pin; thence south 1 degree 10 minutes east 1,148 feet to an iron pin on the south line of Land Lot 178; thence south 89 degrees east along said south land lot line 1,990 feet to a pin at the point of beginning. (c) PARCEL THREE. All that tract or parcel of land lying and being in Land Lots 206 and 207, 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin in Land Lot 206 at the intersection

Page 3298

of the northeast side of Old U.S. Highway No. 41 with the southeast side of the approach area of U. S. Highway No. 41 known as the Four-Lane Highway; thence north 62 degrees 39 minutes east along the south side approach area 123.5 feet to an iron pin on the southwest side of said Four-Lane Highway; thence southeast along the southwest side of said Four-Lane Highway and following the curvature thereof a distance of 300 feet (the chord of said curve having a bearing of south 68 degrees 21 minutes east) and the point of BEGINNING; FROM THE POINT OF BEGINNING THUS ESTABLISHED; thence southeasterly along the southwest side of said Four-Lane Highway and following the curvature thereof 337 feet to a point; thence continuing along the southwest side of Four-Lane Highway and along a fence line south 74 degrees 20 minutes east 818.5 feet to an iron pin; thence south 10 degrees 40 minutes west 635.5 feet to an iron pin at a fence line; thence south 89 degrees 22 minutes west and along said fence line 1134.1 feet to an iron pin on the northeast side of Old Highway No. 41; thence north 13 degrees 08 minutes west along the northeast side of Old Highway No. 41, a distance of 57.6 feet to a right-of-way marker; thence north 14 degrees 03 minutes west continuing along the northeast side of Old Highway No. 41, a distance of 691 feet to a right-of-way marker; thence north 75 degrees 57 minutes east 10 feet to a right-of-way marker; thence north 75 degrees 57 minutes east 230.00 feet to an iron pin; thence north 26 degrees 55 minutes east 203.93 feet to an iron pin at the southwest side of the Four-Lane Highway and the point of BEGINNING. (d) PARCEL FOUR. All that tract or parcel of land lying and being in Land Lot 176 of the 20th District and 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of the northeasterly right-of-way of U.S. Highway 41 and the Southeasterly right-of-way of McCollum Parkway; thence North 26 degrees, 48 minutes East, along the Southeasterly right-of-way of McCollum Parkway, 322.3 feet to a point; thence South 88 degrees, 26 minutes, 30 seconds East, 331 feet to

Page 3299

a point; thence South 22 degrees, 07 minutes East, 292 feet to a point; thence South 68 degrees, 17 minutes, 30 seconds West, 128 feet to a point; thence South 38 degrees, 55 minutes, 30 seconds East, 381.6 feet to a point; thence South 69 degrees, 34 minutes West, 309.2 feet to a point on the Northeasterly right-of-way of U.S. Highway 41; thence North 43 degrees, 13 minutes West, along the Northeasterly right-of-way of U.S. Highway 41, 609.3 feet to the point of beginning. (e) PARCEL SEVEN. All that tract or parcel of land lying and being in Land Lot 137 of the 20th district, 2nd Section, Cobb County, Georgia, being 1.5 acres as shown by plat of survey prepared by Douglas D. Middleton, Registered Surveyor, dated April 28, 1972, for Meyerhardt Lodge No. 314 F A M, which is more particularly described as follows: BEGINNING at an iron pin on the South original line of said Land Lot at its intersection with the East side of Duncan Drive (said point of beginning being in the center of a dirt road); running thence south 88 degrees, 45 minutes east along the south original line of said Land Lot 222.106 feet to an iron pin; thence North 0 degrees, 25 minutes West 293.7 feet to an iron pin on the South side of Big Shanty Road; thence North 87 degrees, 48 minutes, 30 seconds west along the south side of Big Shanty Road 221.959 feet to an iron pin on the east side of Duncan Drive; thence south 0 degrees, 21 minutes 30 seconds east 297.323 feet along the east side of Duncan Drive to the iron pin at the point of beginning. (f) PARCEL EIGHT. All that tract and parcel of land lying and being in Land Lot 177, 20th District, 2nd Section, Cobb County, Georgia, being that property as shown on survey for Ronald S. Williams by Lane S. Bishop, registered Land Surveyor No. 1575 containing 1.01 acres and recorded in Plat Book 63, page 189, Cobb County, Georgia, records, and being more particularly described as follows:

Page 3300

BEGINNING at a point located on the easterly right-of-way of the Kennesaw Due West Road a distance of 734.9 feet in a northerly direction from the right-of-way of Waleska Drive and marked by an iron pin, thence 208.88 feet as measured along an arc which is the easterly right-of-way of Kennesaw Due West Road (the chord of said arc being North 21 degrees 0 minutes East and 208.5 feet in length) to an iron pin, thence South 73 degrees 0 minutes 44 seconds East a distance of 210.0 feet to an iron pin, thence South 20 degrees 58 minutes 22 seconds West a distance of 210.0 feet to an iron pin, thence North 72 degrees 36 minutes 7 seconds west a distance of 210.0 feet to the point of beginning. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1976 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Kennesaw (Ga. L. 1950, p. 2506, et seq.), as amended to create a new Charter (Ga. L. 1971, p. 3620 et seq.), as heretofore amended; and for other purposes. This 26th day of December, 1975. 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 3301

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 30, February 6, 13, 1976. /s/ Roy Barnes Senator, 33rd District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976. BALDWIN COUNTY BOARD OF COMMISSIONERSCHAIRMAN PROVISIONS CHANGED. No. 1119 (Senate Bill No. 648). An Act to amend an Act creating a Board of County Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to change the provisions relating to the chairman; to provide procedures for the removal of a chairman; to change the provisions relating to compensation; to provide for the filling of vacancies; to provide for a county administrator; 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 3302

Section 1 . An Act creating a Board of County Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, is hereby amended by striking from subsection (b) of section 1 the following: The member of the board who receives the highest number of votes shall be chairman of the board for the first year of the four-year term, and the member receiving the second highest number of votes shall be vice-chairman for the first year of the term. The member receiving the second highest number of votes shall be chairman of the board for the second year of the term, and the member receiving the third highest number of votes shall be vice-chairman for the second year of the term. The member receiving the third highest number of votes shall be chairman of the board for the third year of the term, and the member receiving the fourth highest number of votes shall be vice-chairman for the third year of the term. The member receiving the fourth highest number of votes shall be chairman of the board for the fourth year of the term, and the member receiving the fifth highest number of votes shall be vice-chairman for the fourth year of the term. The board may elect a chairman if the member of the board who is eligible to serve as chairman does not desire to serve and such election shall before the time that such member who does not desire to serve is entitled to serve as chairman., and inserting in lieu thereof the following: The members of the board shall elect one of such members as the chairman of the board. The person so elected as chairman shall serve as such for a period of two years from the date of his election as chairman. The election for chairman shall be conducted at the first meeting of the board of commissioners held following January 1 of each odd-numbered year. In the event of a vacancy in the office of chairman the remaining members of the board of commissioners shall elect a member to serve as chairman for the remainder of the unexpired term of the chairman.

Page 3303

Any member of the board of commissioners shall be removed from office upon final conviction in any court of competent jurisdiction of treason against the State, or embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary. Upon said final conviction, the office of said member shall be vacated instanter without further action. Section 2 . Said Act is further amended by striking in its entirety section 9, which reads as follows: Section 9. Said commissioners shall receive as compensation for their services such salary as the grand jury of Baldwin County shall prescribe, which salary shall be paid by the treasurer of the county and shall be fixed at a sum not less than $100.00 per month nor greater than $200.00 per month., and inserting in lieu thereof a new section 9, to read as follows: Section 9. Said Commissioners, except the chairman, shall receive as compensation for their services such salary as the Grand Jury of Baldwin County shall prescribe, which salary shall be paid by the treasurer of the county and shall be fixed at a sum not less than $100 per month, nor greater than $200 per month for members. The chairman shall receive as compensation for his services such salary as the Grand Jury of Baldwin County shall prescribe for members of the board of commissioners, plus the sum of $100 per month in addition to the amount otherwise fixed for members. Salary. Section 3 . Said Act is further amended by striking section 10, relating to vacancies, in its entirety, and inserting in lieu thereof a new section 10, to read as follows: Section 10. In the event of a vacancy in the office of a member of the board of commissioners, which vacancy

Page 3304

occurs more than 60 days preceding the first general election occurring within the term of office of the member whose office is vacant, the Judge of the Probate Court of Baldwin County shall appoint a person to fill said vacancy until a successor is elected and qualified in such general election, and when a successor is elected, such successor shall serve for the remainder of the unexpired term. If a vacancy occurs after the 60th day preceding such general election, the Judge of the Probate Court of Baldwin County shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term of the office which is vacant. Vacancy. Section 4 . Said Act is further amended by adding, following section 10, a new section 10.1, to read as follows: Section 10.1. The Board of Commissioners of Baldwin County is hereby authorized to appoint a county administrator and to fix his compensation, qualifications, powers, duties and authority. The county administrator shall serve at the pleasure of the board of commissioners. County Administrator. 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 1976 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 256), as amended; and for other purposes. This 27 day of January, 1976. Culver Kidd Senator, 25th District Bobby E. Parham Representative Post 109 Wilbur E. Baugh Representative Post 108

Page 3305

Georgia, Baldwin County. I, Harold G. Foster, do solemnly swear that I am the Editor of The UnionRecorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of Notice to Introduce Local Legislation creating Board of Commissioners of Baldwin County was inserted in space of legal advertisement as follows: January 29th, February 5th February 12th, 1976. Harold G. Foster, Publisher Subscribed and sworn before me, this 13 day of February, 1976. /s/ Sybil H. Fowler Notary Public, Georgia State at Large. (Seal). Approved March 24, 1976. CITY OF EATONTONCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1120 (Senate Bill No. 656). An Act to amend an Act creating and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3833), 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 and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, particularly by an Act approved

Page 3306

April 3, 1972 (Ga. L. 1972, p. 3833), is hereby amended by adding after section 2B a new section, to be designated as section 2C, to read as follows: Section 2C. In addition to the corporate limits of the City of Eatonton, provided by sections 2, 2A, and 2B of this Act, said corporate limits shall include the following described territory: `All that area and territory enclosed by a line commencing at a point on the Northward side of Oconee Springs Public Road, where the present and original corporate limit line of the City of Eatonton crosses the Northward right-of-way line of said road; thence Eastward, along the North right-of-way line of said road, to the Eastward side of Rooty Creek (sometimes known as Pumphouse Creek); thence S 3 degrees 24 mins. E a distance of 60.67 feet to a point on the Southward side of said road; thence along the Eastward side of Rooty Creek, Southward to corner of City of Eatonton oxidation pond property; thence around the perimeter of said oxidation pond property, and back to the Eastward side of Rooty Creek; thence Southward, along the East side of Rooty Creek to the Southward side of Gholston Road; thence Westward along the Southward side of Gholston Road, in a meandering direction, to the point where it intersects the original corporate limit line of the City of Eatonton; thence Northward along said curvilinear corporate limit line to the point of BEGINNING on the Northward side of Oconee Springs Public Road. Said area and territory is further described and delineated by a plat of Proposed Extension of the City Limits of Eatonton, Georgia, made by Charles Wm. Roberts, Registered Surveyor No. 1852, dated February 20, 1975, a reduced copy of which is recorded in Plat Book 7, p. 111, Office of the Clerk of the Superior Court of Putnam 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 a Bill will be introduced in the

Page 3307

1976 session of the General Assembly of Georgia, for the purpose of amending an Act entitled An Act to create and establish a new charter for the city of Eatonton, to declare the rights, powers and privileges of said corporation, and for other purposes, found in Ga. L. of 1908, p. 620 et sequitur, as amended, so as to extend the city limits of said City, to take in and annex to the present City limits an area along U. S. Highway No. 441, South, and Glenwood Springs Road, West; and to further extend the City limits Eastward, between and to include Oconee Springs Road and Gholston Road; and for other purposes. This the 8th day of December, 1975. City of Eatonton By D. D. Veal, City Attorney Georgia, Putnam County. I, Battle B. Smith, Editor Publisher of the Eatonton Messenger, the official organ of Putnam County, Georgia, in which advertisements of Sheriff's sales are published in said County, do hereby certify that the above Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger on December 11th, December 18th, and December 25th, 1975. This February 14th, 1976. /s/ Battle B. Smith Editor Publisher of the Eatonton Messenger. Approved March 24, 1976.

Page 3308

CITY OF ROMECHARTER AMENDEDLOAN PROVISIONS CHANGED. No. 1121 (Senate Bill No. 659). An Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to change the provisions relative to temporary loans made by the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is hereby amended by striking section 53 in its entirety and inserting in lieu thereof a new section 53 to read as follows: Section 53. The City of Rome may make temporary loans to meet deficiencies and in anticipation of the collection of current revenues for the year, for the payment of expenses, in accordance with the budget to which such revenues are applicable, of not more than seventy-five percent (75%) of the total gross income of such city, from taxes collected by such city in the immediately preceding year, and repayable within the same calendar year in which the loan is made. Any money so borrowed shall be on a note duly executed in the name of the City of Rome by the chairman of the city commission and the secretary, with the seal of the city attached. The making of such note shall be authorized by a resolution adopted in regular meeting, stating the purposes of the loan, how the proceeds thereof shall be used and applied, and the particular revenues anticipated, and when the collection of such revenues is expected. Such loan when so made shall be placed in a special account and checks shall be drawn on such account only for the purpose of the loan. The resolution shall fix the amount of interest, and copy of the resolution duly certified by the secretary under the seal of the city shall be attached to the notes. Thereupon such revenues anticipated shall be first

Page 3309

applied to the payment of such note, and they shall not be used for any other purposes until such note is paid according to the terms of the resolution. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1976 Regular Session. Notice is hereby given that at the 1976 regular session of the Georgia General Assembly, local legislation to amend the charter of the City of Rome will be proposed and introduced for the purpose of permitting the City of Rome to make temporary loans to meet deficiencies and in anticipation of the collection of current revenues for current year, for the payment of expenses in accordance with the budget to which such revenues are applicable, of not more than 75% of the tax digest of the City for the immediately preceding year, repayable within the some calendar year in which the loan is made or sixty (60) days after final official approval of the then current digest, whichever is later. The specific charter provision to be amended is section 53 (Ga. L. 1918, pp. 813-885) creating a new charter for the City of Rome, as amended. City of Rome, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam W. Doss, Jr. who, on oath, deposes and says that he is Senator from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 22, 29, and February 5, 1976. /s/ Sam W. Doss, Jr. Senator, 52nd District

Page 3310

Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expired Dec. 18, 1976. (Seal). Approved March 24, 1976. TOWN OF CAMAKCHARTER AMENDEDTERMS OF OFFICIALS CHANGED. No. 1122 (Senate Bill No. 665). An Act to amend an Act entitled An Act to amend, consolidate, and supersede the several Acts incorporating the town of Camak, in the County of Warren, State of Georgia; to create a new charter and Municipal government for said corporation; to declare the rights and powers of the same, and for other purposes., approved August 13, 1910 (Ga. L. 1910, p. 433), as amended, particularly by an Act approved February 13, 1941 (Ga. L. 1941, p. 1256), so as to change 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 entitled An Act to amend, consolidate, and supersede the several Acts incorporating the town of Camak, in the County of Warren, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes., approved August 13, 1910 (Ga. L. 1910, p. 433), as amended, particularly by an Act approved February 13, 1941 (Ga. L. 1941, p. 1256), is hereby amended by striking from section 2 of said 1941 amendatory Act the following:

Page 3311

The term of office for the mayor and councilmen elected under the provisions of this charter shall be one year, commencing on the 1st day of January next after their election, unless said day shall fall upon Sunday, then in that event, on the following day, and until their successors are elected or appointed and qualified, on the 1st day of January after their election, unless it shall happen on Sunday, then and in that event, on the following day, the mayor and councilmen-elect shall meet at the usual place of holding council meetings in said town, and there shall 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 town of Camak for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor, `so help me God'., and inserting in lieu thereof the following: Beginning with the election in 1976, the term of office for the mayor and councilmen elected under the provisions of this charter shall be two years, commencing on the 1st day of January next after their election, unless said day shall fall upon Sunday, then in that event, on the following day, and until their successors are elected or appointed and qualified, on the 1st day of January after their election, unless it shall happen on Sunday, then and in that event, on the following day, the mayor and councilmen-elect shall meet at the usual place of holding council meetings in said town, and there shall 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 town of Camak for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor, `so help me God'. Terms. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3312

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Camak, approved August 13, 1910 (Ga. L. 1910, p. 433), as amended, so as to change the terms of office of the Mayor and Council from one year to two years; and for other purposes. This 28th day of January, 1976. S. P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senate from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Warrenton Clipper which is the official organ of Warren County, on the following dates: January 30, February 6, 13, 1976. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 24, 1976.

Page 3313

CERTAIN COUNTY BOARD OF ELECTIONS PROVIDED (7,330 - 7,550). No. 1123 (Senate Bill No. 685). An Act to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550, 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 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 this State having a population of not less than 7,330 nor more than 7,550, according to the United States 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 five 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 as hereinafter provided. 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 shall select one of their members to serve as chairman at the pleasure of the board. 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.

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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 fifteen (15) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars. 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. 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 as provided for in section 2. 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, 1976. 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 . 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

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to Code Title 34, as now or hereafter amended, or any other provision of law, or both. Duties. (b) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and 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. Salary. 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. Office.

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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. 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 March 24, 1976. DAWSON COUNTY SHERIFFBUDGET PROVIDED, ETC. No. 1124 (Senate Bill No. 687). An Act to amend an Act placing the Sheriff of Dawson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2252), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3409), so as to change the provisions relative to the personnel and expenses of the Sheriff's office; to provide for a budget for said officer; 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 Dawson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2252), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3409), is hereby amended by striking from section 2 the following: The Sheriff shall be responsible for furnishing his own automobile to be used by him in the official performance of

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the duties of his office. The Sheriff shall also be responsible for the payment of the operating expenses, maintenance, repairs and replacement of such automobile. The governing authority of Dawson County shall be responsible for the maintenance, repairs and replacement of the shortwave radio owned by the Sheriff. The determination as to when to replace such radio shall be in the sole discretion of the governing authority of Dawson County. 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. (a) The sheriff shall have the authority to appoint a chief deputy sheriff and two additional deputies. The chief deputy shall receive an annual salary of not less than $7,200, and each of the other two deputies shall receive an annual salary of not less than $6,000. Such compensation for each such officer to be paid in equal monthly installments from the funds of Dawson County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be compensated as such deputies, and to prescribe their duties and assignments and to remove or replace such deputies at will and within his sole discretion. Any increases in the minimum salaries provided for herein shall be at the sole discretion of the governing authority of Dawson County. The compensation of any personnel, in addition to those provided for herein, who are employed by the sheriff shall be at the sole discretion of the governing authority of Dawson County. Personnel. (b) The governing authority of Dawson County shall be responsible for furnishing automobiles to the sheriff to be used by him and his personnel in the performance of their official duties and for the payment of the operating expenses, maintenance, repairs and replacement of such automobiles. The governing authority of Dawson County shall also be responsible for the maintenance, repairs and replacement of the shortwave radio owned by the sheriff. The determination of when to replace such radio shall be in the sole discretion of the governing authority of Dawson County.

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(c) By September 1 of each year, the sheriff shall submit a proposed budget to the governing authority of Dawson County for the ensuing calendar year. Such proposed budget shall show the estimated expenditures for the operation of the sheriff's office for the ensuing calendar year, but except as otherwise provided in this section the approval, modification or rejection of such proposed budget shall be at the sole discretion of the governing authority of Dawson County. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Ga. a Bill to amend an act placing the Sheriff of Dawson Co. upon an annual salary, approved Feb. 28, 1966 (Ga. L. 1966, p. 2258), as amended; and for other purposes. This 27th day of January, 1976. John C. Foster Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser which is the official organ of Dawson County, on the following dates: January 29, February 5, 12, 1976. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 20th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State, at Large. My Commission Expires, Dec. 18, 1976. Approved March 24, 1976.

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JONES COUNTY BOARD OF COMMISSIONERSSALARIES CHANGED. No. 1125 (Senate Bill No. 691). An Act to amend an Act creating a new Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), so as to change the compensation of the Chairman and members of the Board of Commissioners of Jones 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 new Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), is hereby amended by striking from section 8 the following: The members of said board shall each receive as compensation one hundred and fifty dollars ($150.00) per month., and inserting in lieu thereof the following: The chairman of said board shall receive as compensation the sum of four hundred dollars ($400.00) per month, and the remaining members of said board shall each receive as compensation the sum of three hundred dollars ($300.00) per month., so that when so amended, section 8 shall read as follows: Section 8. The chairman of said board shall receive as compensation the sum of four hundred dollars ($400.00) per month, and the remaining members of said board shall each receive as compensation the sum of three hundred dollars ($300.00) per month. Said members, when traveling outside of the county on county business, shall also receive travel expenses, computed at ten cents per mile traveled, and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority

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of the members of the board. In addition, each member of the board shall receive a monthly expense allowance of fifty dollars ($50.00), payable out of the funds of Jones County. Salaries. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia a bill to amend an Act creating a new Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162); and for other purposes. This 2nd day of February, 1976. Culver Kidd Senator, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: February 5, 12, 18, 1976. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 20th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved March 24, 1976.

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LONG COUNTY SMALL CLAIMS COURT CREATEDREFERENDUM. No. 1126 (Senate Bill No. 700). An Act to create and establish a Small Claims Court for Long County, Georgia, to be known as the Small Claims Court of Long 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 for bailiffs of and for said court and for their duties; 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 the issuing of executions; to provide for the filing of claims and plea of illegality; to provide that service may be perfected by registered or certified mail; to provide for the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the validity of the acts of said court and the proceedings therein; to provide for all procedures, requirements and other matters connected with the foregoing; to provide for a referendum; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court for Long County, Georgia, to be known as the Small Claims Court of Long 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 of justices of the peace as provided by laws of the State of Georgia. Creation. Section 2 . (a) Any person appointed as a judge of the

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Small Claims Court created by this Act must, at the time of his appointment, be a resident of Long County, at least 25 years of age and 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 Long County. Section 3 . Whenever the judge of said Small Claims Court shall be unable from absence, sickness or other cause to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Long 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. Vacancy. Section 4 . The judge of said court shall be paid a salary of $450.00 per month. All fees collected by said court shall be paid directly to the Long County Commissioners. Salary. Section 5 . (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge, at the request of any individual, shall prepare the statement of claim and other papers required 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. The sheriff of said county and his deputies shall have the power and authority to serve summons, make levies and sales, and serve as bailiffs of said court.

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Section 6 . A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 7 . (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; 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; provided, further, in claim cases and illegalities instituted by a third party after levy, the cost 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 of 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 $7.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. The costs in such cases shall be finally taxed against the party case with court costs in said proceeding. (c) When notice is to be served by registered or certified mail, 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.

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When a receipt therefor is returned, the 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 United States postal authorities for any reason, service may be perfected on such defendant by any other method as herein prescribed or by any method as now or hereafter prescribed by the pertinent laws of Georgia providing for service of pleading 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 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 mailing shall be the date of service. Section 8 . (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

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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 9 . 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 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 10 . When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment and to stay execution and to order partial payments in such amounts, over such periods and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 11 . 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 12 . The judge of the Superior Court presiding in Long 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

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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 13 . 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 14 . 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 probate courts to the Superior Court shall be applicable to appeals from the Small Claims Court to the Superior Court. Appeals. Section 15 . Until otherwise provided by rules of court, the statement of claims, verification and notice shall be in the following or equivalent form and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms. SMALL CLAIMS COURT OF LONG COUNTY LUDOWICI, GEORGIA 31316 STATEMENT OF CLAIM (Here the plaintiff, or at his request the Court, will insert a statement of the plaintiff's claim and the original to be filed

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with the court may, if action is on a contract, express or implied, be verified by the plaintiff or his agent, as follows:) State of Georgia, County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount, owning by defendant to plaintiff, exclusive of all setoffs and just ground of defense. Plaintiff (or Agent) Sworn to and subscribed before me, thisday of, 19. Notice You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofDollars ($), as shown by the foregoing statement. The court will hold a hearing upon this claim onat.M. at (Address of Court.) You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings

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bearing on this claim, you should bring them with you at the time of hearing. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. Thisday of, 19. Section 16 . All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Long County are hereby validated. Section 17 . Within thirty days after this Act becomes of full force and effect, the senior judge of the Superior Court of Long County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Long County, to serve from the date of such appointment to the 31st day of December, 1979, following such appointment. Thereafter, the judge of the Small Claims Court of Long County shall be appointed by the senior judge of the Superior Court of Long County 30 days 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 Long County Small Claims Court shall be 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 Long County, in the sole discretion of the appointing judge. The judge of said Small Claims Court may be removed from office by the senior judge of the Superior Court of Long County. Any vacancy created by any such removal shall be filled for the unexpired term in the same manner that other vacancies are filled. Judge.

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Section 18 . All forms, docket books, file jackets, filing cabinets and the like required by this Act shall be furnished by the governing authority of Long County. Supplies. 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 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 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 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; 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 is 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

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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 21 . 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 24 hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Fines. Section 22 . It shall be the duty of the Election Superintendent of Long County to issue the call for an election for the purpose of submitting this Act to the electors of Long County for approval or rejection. The election superintendent shall set the date of such election for that date upon which the Presidential Preference Primary shall be conducted within Long County in 1976. 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 Long County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating a Small Claim Court for Long 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 Long County. It shall be the duty of the Election Superintendent of Long County to hold and conduct such election. The superintendent shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the superintendent to canvass the returns and declare and certify the result of the election. It shall be the further duty of the superintendent to certify the result thereof to the Secretary of State.

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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. Section 24 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to create the Small Claims Court of Long County; to provide for the jurisdiction, practice, pleading and personnel of said court; to provide for the procedures connected therewith; and for other purposes. This 28 day of January, 1976. Mell Traylor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mell Traylor who, on oath, deposes and says that he is Senator from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 5, 12, 19, 1976. /s/ Mell Traylor Senator, 3rd District

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Sworn to and subscribed before me, this 25th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved March 24, 1976. BRYAN COUNTY STATE COURTJUDGE, ETC.ELIGIBILITY REQUIREMENTS CHANGED, ETC. No. 1127 (Senate Bill No. 701). An Act to amend an Act establishing the State Court of Bryan County (formerly the City Court of Pembroke), approved January 10, 1938 (Ga. L. 1937-38, Ex. Sess., p. 714), as amended, so as to change the eligibility requirements for the office of judge and the office of 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 Bryan County (formerly the City Court of Pembroke), approved January 10, 1938 (Ga. L. 1937-38, Ex. Sess., p. 714), as amended, is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. No one shall be eligible to the office of said judgeship unless he shall be at the time of his qualification at least twenty-five years of age and a resident of the Atlantic Judicial Circuit for two years immediately preceding his appointment, and must have been a practicing attorney at law for four years before his appointment. He shall, before entering upon the duties of his office, take and subscribe the following oath: `I do solemnly swear that I will administer justice without respect to persons and do equal rights to the

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poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the State Court of Bryan County of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God', which oath shall be filed in the executive department. Section 2 . Said Act is further amended by adding immediately following section 3 a new section to be designated section 3A to read as follows: Section 3A. Notwithstanding any other provisions of this Act, no person shall be eligible for the office of solicitor of the State Court of Bryan County unless he shall be a practicing attorney in and a resident of the Atlantic Judicial Circuit and shall have been a practicing attorney at law for three years before his election or appointment. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1976 Session of the General Assembly of Georgia, a bill to change the qualifications to hold the offices of the State Court of Bryan County and for other purposes. This 5 day of February, 1976. Mell Traylor, State Senator, 3rd District Georgia, Bryan County. Before me, the undersigned attesting officer, personally appeared Mell R. Traylor, who being duly sworn, on oath says that the Pembroke Journal is a newspaper having a general circulation in said County, published weekly, therein;

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that it is the Official Organ of Bryan County; and that he is the publisher thereof. He further swears that the clipping attached hereto is from an advertisement which was run in said paper in issues of the following dates: January 29, February 5, 12, 1976. /s/ Mell R. Traylor Sworn to and subscribed before me, this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved March 24, 1976. SAVANNAH MUNICIPAL COURTSALARY OF JUDGE CHANGED. No. 1128 (Senate Bill No. 704). An Act to amend an Act revising, altering, and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. L. 1969, p. 2857), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2314), so as to provide a minimum salary for the judges of said court and for the payment thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act revising, altering, and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. L. 1969, p. 2857), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2314), is hereby amended by striking section 28 in its entirety and inserting in lieu thereof a new section 28 to read as follows:

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Section 28. The senior judge of the said court shall receive not less than $22,000.00 per annum to be fixed and paid by the Chatham County Commissioners out of funds of Chatham County. The other judge shall receive not less than $19,000.00 per annum to be fixed and paid by the Chatham County Commissioners out of funds of Chatham County. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia a bill to amend an act revising the laws relating to the Municipal Court of Savannah, approved April 18, 1969, (Ga. L. 1969, p. 2857), as amended, so as to fix the compensation of the Judges; and for other purposes. This 7th day of January, 1976. Tom Taggart Representative, 125th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry McDowell who, on oath, deposes and says that he is Senator from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 9, 16, 23, 1976. /s/ Henry McDowell Senator, 2nd District

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Sworn to and subscribed before me, this 26th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved March 24, 1976. CITY OF MEANSVILLENEW CHARTER. No. 1129 (Senate Bill No. 708). An Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the Town of Meansville, in the County of Pike; to provide a new charter therefor and to change the name of the Town of Meansville to the City of Meansville; to organize the municipal government thereof; to prescribe the corporate limits; to provide for a mayor and council of the city and their function, authority, powers, duties, qualifications and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifications, duties, authority and compensation of the officers and employees of the city; to provide for the authority of the mayor and council over said officers and employees; to create certain boards, commissions and departments and provide for the creation and regulation of others; to prescribe the qualifications of electors and voters, and the manner of holding elections in the city; to provide for the registration of voters; to prescribe the qualifications of candidates for municipal elections; to establish a police court and provide for appointment of a recorder as presiding officer thereof; to establish the jurisdiction, powers and duties of the recorder; to prescribe procedures for the annexation of territory and the rights of residents in territory proposed to be annexed; to provide for public works and local improvements, and the levy of assessments therefor;

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to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to prescribe the effect of this Act upon present officers of the city; to provide for the preservation of existing ordinances and laws not inconsistent with this Act, and the repeal of conflicting laws, and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act, and for the violation of ordinances and regulations enacted pursuant thereto; to repeal an Act creating a new charter for the Town of Meansville in the County of Pike, approved August 6, 1913 (Ga. L. 1913, p. 1055), as amended; to repeal certain other Acts affecting said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. GENERAL PROVISIONS Section 1-1. Incorporation: Name, Style and Designation . The City of Meansville, in Pike County, heretofore made a body politic and corporate by Acts of the General Assembly of said State, under the name of the Town of Meansville, shall continue a body politic and corporate, known by the corporate name of the City of Meansville, hereinafter also referred to as the city. Section 1-2. City's Powers as Body Politic and Corporate . As a body politic and corporate, the city shall have power to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and bylaws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this State, or of the United States, with power in and by its corporate name to sue and be sued, plead and be impleaded in all courts, have and use a corporate seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things ncessary to promote the municipal corporate purposes of said city. Said corporation, through its mayor

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and councilmen, shall have all of the powers and privileges incident to municipal corporations under the laws of the State, and all other powers necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city. Section 1-3. Corporate Limits Designated . The corporate limits of said city shall be as follows: The center beginning at the Southern Railroad Depot, thence running northwesterly along Southern Railroad to northwest corner at first railroad crossing north of depot where the public road crosses the railroad, known as the Ferguson Crossing; thence running in a straight line in an easterly direction to corner of lands of B. A. Means, Miss Mary Kelly and Mrs. M. A. Nelson, making northeast corner, being about two hundred yards north of the public road running from Meansville to Barnesville; thence running south in a straight line on the land line between lands of Mrs. M. A. Nelson on the east side and lands of Miss Mary Kelley, J. A. Barrow and Means and Reeves on the west side to the Southern Railroad; thence southward along Southern Railroad to north end of Southern Railroad trestle, said trestle being first trestle south of depot and making southeast corner; thence running in a straight line westerly to culvert in public road running from Meansville to Molena, said culvert being the nearest one to residence of W. M. Coker and making southwest corner; thence running in a straight line northerly to Southern Railroad crossing known as Ferguson Crossing at starting point at northwest corner. Section 1-4. Conveyance of Property Sold Under Process of City . Whenever any real property is sold under any process of the city, the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such property that may be sold under execution for city taxes shall be subject to redemption, within the period allowed by law, of property sold under execution for State and county taxes. Section 1-5. Interest in Contracts, Purchases, Sales Prohibited . Neither the mayor, nor any member of the council, nor any city officer, shall be interested, directly or indirectly,

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in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid out of the public revenue, or for which the city becomes responsible. ARTICLE II. MAYOR AND COUNCIL Section 2-1. Mayor, Five Councilmen Elective Officers of City . The elective officers of the city shall consist of a mayor and five (5) councilmen who at the time of their election must be qualified and registered voters of said city. The mayor and councilmen now in office shall serve until their first election held in the city after the adoption of this charter, and until their successors are elected and qualified as provided in Sections 2-2 and 2-3. Section 2-2. Terms of Councilmen . All councilmen shall be elected for terms of four (4) years, shall take office on the first Thursday in January immediately succeeding their election; provided, however, that at the first election held in the city after the adoption of this charter, being the first Thursday in January 1977, five (5) councilmen shall be elected, the three (3) candidates receiving the highest number of votes to be elected for four-year terms and the next two (2) candidates to be elected for two-year terms. There shall be an election each two (2) years so that the terms of councilmen shall remain staggered as herein provided. Councilmen shall serve until their successors are elected and qualified. Section 2-3. Term of Mayor . The mayor shall take office on the first Thursday in January immediately succeeding his election and shall serve for a term of two (2) years and until his successor is elected and qualified. Section 2-4. Residence Requirements; Effect of Change of Residence . Should a councilman or the mayor remove his residence from the city, such removal shall effect an automatic vacancy in the office held by the person so moving to be filled as provided in Sections 2-5 or 2-6, whichever is applicable.

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Section 2-5. Vacancy in Office of Mayor . In the event the office of the mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem. shall act as mayor during the balance of said term and exercise all the rights and powers of the mayor during said term; provided, that at the time of such vacancy, there shall be not more than six (6) months before the expiration of said mayor's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-6. Vacancy in Council . A vacancy occurring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided, at the time of such vacancy there shall be not more than six (6) months before the expiration of said councilman's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-7. Oath of Office . The mayor and council shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or member of council) of the City of Meansville during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of said city; that I will not wilfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof, `so help me God'.

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Section 2-8. Salary of Mayor . The mayor shall receive a salary not exceeding one thousand dollars ($1,000.00) per year, as the council may fix by ordinance or resolution; provided, however, that any salary so designated for a mayor shall not be effective during the term of office of the mayor then in office. Section 2-9. Salaries of Councilmen . Each councilman shall receive a salary not exceeding five hundred dollars ($500.00) per year, as the council may fix by ordinance or resolution; provided, however, that any salaries so designated for councilmen shall not be effective during the terms of office of the councilmen then in office. Section 2-10. Mayor and Council Constituted Governing Body of City . The mayor and council shall constitute the legislative and governing body of the city, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority granted by this charter. Section 2-11. Appointment, Authority of Mayor Pro Tem . The council shall appoint a mayor pro tem. from the members of the council who shall in the absence of the mayor have all the power vested in the mayor by this charter. Section 2-12. Meetings; Quorum Fixed . The mayor and council shall meet once each month at such place as fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by him. Three (3) members shall constitute a quorum. Section 2-13. Duty, Authority of Mayor to Convene Council . The mayor shall convene the council when so requested, in writing, by a majority of the members thereof, or when it seems to be important to the welfare of the city; provided, however, that in the event the mayor refuses to convene the council when requested to do so as provided above, the council shall have the power and authority upon direction of an absolute majority thereof to call itself into session. Section 2-14. Mayor as Presiding Officer of Council . The

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mayor of the city shall be the presiding officer of the council, and cast the deciding vote in case of a tie. Section 2-15. Meetings to be Public; Exception . All meetings of the mayor and council shall be in public, except such executive sessions as may be provided by ordinance. Section 2-16. Rules and Order of Business . The mayor and council shall have the power to establish its own parliamentary rules and order of business. Section 2-17. Minutes of Proceedings to be Kept . The mayor and council shall keep minutes of its proceedings in a special minutes book kept for that purpose. Section 2-18. Access to Minutes, Records of Meetings . Any citizen shall have access to the minutes and records of meetings of the mayor and council at all reasonable times, at the office of the city clerk. Section 2-19. Approval of Ordinances by Mayor; Effect of Lack of Approval . All ordinances adopted by the mayor and council shall be signed and approved by the mayor, but any ordinance shall become law without the signature of the mayor unless the mayor within four (4) days after its enactment shall deliver to the city clerk his written veto thereof. Section 2-20. Veto Power of Mayor . The mayor shall have the veto power and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four (4) councilmen on a yea and nay vote, duly recorded on the minutes of the council; but unless the mayor shall file in writing with the city clerk his veto of any measure passed by that body with reasons which impel him to withhold his assent within four (4) days of its passage, the same shall become a law just as if approved and signed by the mayor. Section 2-21. Mayor as Presiding Officer of Police Court . Until such time as the office of recorder is established

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and a recorder is selected, the mayor shall preside over the police court for the trial of offenders against the ordinances of the city, and shall have power to impose such fines as are provided for in this charter. Section 2-22. Authority of Mayor to Remit, Reduce Fines, to Parole Offenders . As presiding officer of the police or recorder's court, the mayor shall have the power and authority to remit or reduce the fines imposed in the police court of the city upon persons convicted therein for violating any of the laws or ordinances of said city, and shall also have the authority to parole on good conduct persons convicted in said court of violating the laws and ordinances of said city, under such rules and regulations as the mayor and council may by ordinance prescribe. Section 2-23. Mayor to Sign Deeds and Contracts . The mayor shall sign all deeds and contracts made for or by the city which shall have been ordered or approved by the mayor and council duly assembled in their corporate capacity. Section 2.24. Mayor and Councilmen as Justices of the Peace . The mayor and each member of council shall have all the powers of a justice of the peace to issue warrants, try and commit to the superior court in Pike County for trial all violators of the laws of this State for offenses committed within the corporate limits of the city. Section 2-25. Recall of Mayor, Councilmen . The mayor and councilmen of the city, or any of them, shall be subject to recall and removal from office as provided in Article IX of this charter. ARTICLE III. CITY OFFICERS AND EMPLOYEES Section 3-1. Designation, Term Generally . At the first regular meeting of the mayor and council after its qualification, or as soon thereafter as practicable, the following municipal officers of the city shall be elected by the mayor and council and shall hold their office for a term of one (1) year and until their successors are elected and qualified, to

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wit: An attorney, a clerk of council, a city treasurer, three (3) city tax assessors, a police force, and such other officers, heads of departments and their assistants as are deemed necessary and appropriate; provided however, that the offices of clerk of council and city treasurer can be combined and filled by one person. Elections hereunder for said officers shall be held at the first meeting of the mayor and council after their qualification, or as soon thereafter as practicable. Section 3-2. Selection of Officers, Prescribing Duties Fixing Compensation . The mayor and council of the city shall have the right to elect such municipal officers besides those specified in this Article, as to them seem necessary and proper therefor when necessary, by ordinance, and in the same manner prescribing their duties and fix their compensation. Section 3-3. Qualifications for Appointive Office . Any person who has attained the age of eighteen (18) years and is a qualified voter in the City of Meansville, shall be eligible to hold any appointive office; provided, however, that the mayor and council shall have the authority to waive the foregoing eligibility requirements when they deem it to be in the best interests of the city to do so. Section 3-4. Oath of Office, Bond . All officers and employees of said city shall be required to take such oath to properly perform their duties, and to give such bond, payable to the mayor and his successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the public for any loss or damage by reason of their default, misfeasance, malfeasance, nonfeasance or negligence, as the mayor and council may by ordinance prescribe. Section 3-5. Compensation . Each of the officers of the city shall receive such compensation as the mayor and council may by resolution or ordinance prescribe; provided, however, that the salaries of all city officers, when fixed and determined by the mayor and council in the manner prescribed in this Act, and in the manner prescribed by the laws

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and ordinances of the city, shall not be diminished during the terms of office for which such officers are elected. Section 3-6. Duties . In addition to the duties prescribed in this Article, each of the officers of the city shall perform such other duties as may be provided by the mayor and council by ordinance. Section 3-7. Vacancy in Office . In the event of a vacancy occurring in any of the offices enumerated in this Article, or in any other office created by the mayor and council, an election to fill the unexpired term shall be held by the mayor and council within fifteen (15) days thereafter, or at such other times as the mayor and council shall designate. Section 3-8. Suspension by Mayor . Each of the officers provided for herein shall at all times be subject to suspension for cause, by the mayor, in his discretion but such suspension shall be reported within ten (10) days to the council for action on their part, under the provisions of this charter. Section 3-9. Suspension, Fine, Removal From Office; Authority of Mayor and Council . All officers elected by the mayor and council shall at all times be subject to the jurisdiction of the council and amenable to its discipline, and said mayor and council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the mayor voting, for any cause that may seem just and proper, after a fair notice and opportunity to be heard. Section 3-10. Duties of City Clerk . (a) Designation as clerk of council, ex officio clerk. The city clerk shall be the clerical officer of the council and shall be the keeper of the seal of the city; he shall also be ex officio clerk of the police court of the city, and attend its sessions; he shall be ex officio tax collector of said city; he shall also be ex officio clerk of the board of tax assessors, and he shall be ex officio clerk or secretary of any other board of said city, created under the provisions of this charter or that may be created and established under the laws and ordinances of the city. (b) Duties as clerk, ex officio clerk. The duties of the

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city clerk as clerk of the council and ex officio clerk of the police court, as ex officio tax collector, and as ex officio clerk or secretary of any board or commission of the city, shall be such as are prescribed in this charter and as shall be prescribed under and by the laws and ordinances of the city and by the mayor and council. In addition, the mayor and council may provide by ordinance that the city clerk perform the duties as the city treasurer. Section 3-11. Duties of City Treasurer . In the event the mayor and council deem it necessary and advisable to provide for and appoint a city treasurer, it shall be the duty of the city treasurer to receive and safely keep all monies and funds of the city that may come into his hands from every source; to keep separate accounts of same as may be provided or required under and by the laws and ordinances of the city; and he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of the city. The city treasurer shall also be ex offico tax receiver of the city, and as such shall receive the returns of property for taxation in the city at such times and under such rules and regulations, laws and ordinances as the mayor and council shall prescribe and enact; and he shall perform any and all further duties as city treasurer and as city tax receiver as the mayor and council shall be ordinance prescribe. Section 3-12. Authority, Duties of City Attorney . (a) Authority. The city attorney shall be the legal representative of the city and the legal advisor thereof, and shall represent the city in all matters in which the city is interested or involved. (b) Duties. The duties of the city attorney shall be such as are required by the ordinances and laws of the city and by the direction of the mayor and council. (c) Additional counsel. Whenever in the judgment of the mayor and council, it shall be advisable to employ additional counsel to assist the city attorney, authority to do so is hereby conferred upon the mayor and council.

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Section 3-13. City Tax Assessors . (a) Selection, term. The mayor and council shall, at their first meeting in January of each year, elect three (3) persons, citizens and qualified voters of said city and owners of real estate therein, as city tax assessors, whose terms of office shall be one (1) year. (b) Oaths, compensation. The city tax assessors shall take such oaths and receive such compensation as the mayor and council may prescribe. (c) Vacancies. All vacancies occurring in the office of city tax assessor from any cause may be filled by the mayor and council at any time. (d) Rules for government. The mayor and council shall have the authority to prescribe rules for the government of said city tax assessors. (e) Assessment of property. It shall be the duty of said tax assessors to assess the fair market value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when in their judgment the fair market value therefor is too small. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may be ordinance direct. (f) Authority to require information. The city tax assessors shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments whenever in their opinion the same is necessary for a correct assessment and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. (g) Ordinances to implement section. The mayor and council shall have the power and authority to pass such ordinances as are required to accomplish the purposes of this section.

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(h) Appointment of a full-time assessor. In lieu of the city tax assessors provided for herein the mayor and council may provide by ordinance for the appointment of one (1) tax assessor, who shall devote full time to his office and who shall perform the duties herein provided for the tax assessors, and such other duties as shall be prescribed by ordinance of the mayor and council. Section 3-14. Police . (a) Selection. At its first regular meeting after qualification, or as soon thereafter as practicable, the mayor and council shall elect one (1) chief of police, one (1) assistant chief of police and as many additional policemen or detective force as in the judgment of the said mayor and council may seem proper and necessary. (b) Term of office. Said officers shall be elected for a term of one (1) year and until their successors have been appointed and qualified. (c) Oath of office. Said officers shall take and subscribe such oaths as the mayor and council may prescribe. (d) Bond. Said officers shall give bond with good and sufficient security to be approved by the mayor and council of the city in such amount as may be determined upon by the mayor and council for the faithful performance of their duties and to account for all monies that may come into their hands as such officers of the city. (e) Compensation. Said officers shall be paid such compensation as may be prescribed by the laws and ordinances of the city; provided, however, that said officers shall receive, in addition to such salaries as may be fixed and prescribed by the mayor and council, such fees and commissions as may be prescribed by the laws and ordinances of the city, and by the mayor and council. (f) Suspension, removal. The mayor and council of the city shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty, failure to perform his duty, insubordination, incapacity, conduct unbecoming

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an officer or a gentleman, for other good and sufficient cause or reason, to be adjudged by the mayor and council. The mayor may at any time during a recess of council, suspend any of the said officers for any of the above enumerated reasons for a period not to exceed thirty (30) days, without pay, appoint a substitute therefor. (g) Duties. Said officers shall perform such duties as are provided for in this act and as may be prescribed and required of them by the laws and ordinances of the city and by the mayor and council. In addition, said officers by virtue of their office shall be and are hereby constituted ex officio firemen. Section 3-15. Fire Department; Establishment, Maintenance . The mayor and council shall have the power and authority, by ordinance, to create and establish a fire department in said city; to provide for the personnel therefor and equipment thereof; to purchase any necessary apparatus; and to make any needful rules and regulations for its proper maintenance. Section 3-16. Deputies for Principal Officers . The mayor and council may appoint such deputies as they may see fit. Each deputy so appointed shall have and may exercise all powers, duties, functions and authority as shall be vested in the principal officer for whom he is deputy, including all powers, duties, functions vested in the principal officer ex officio. All deputies shall serve at the pleasure of the mayor and council, shall receive such compensation, and shall give such bond as the mayor and council shall provide. Section 3-17. Restriction Upon Contracts for Personal Services . No contract shall be made which binds the city to pay for personal services to be rendered for any stated period of time, but all appointive officers and employees shall be subject to peremptory discharge as herein provided. ARTICLE IV. POWERS OF CITY Section 4-1. Adoption of Ordinances, Resolutions, Generally . (a) Reading required. All ordinances and resolutions,

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before they shall pass, shall be read at two separate regular or special meetings. (b) Signature, countersignature required. All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the clerk of council. (c) Content, record of ordinances; existing ordinances preserved. All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and date of its readings. Such ordinances or resolutions shall be numbered and filed and properly preserved. There shall be kept by the clerk of council a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor, acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of council under the seal of the city; provided however, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided further, that nothing contained in this and the previous paragraphs hereof shall affect in any manner any valid existing ordinance of said city, not in conflict herewith. Section 4-2. Scope of Police, Legislative Power of City . The mayor and council of the city shall have the power to enact and enforce all ordinances necessary to protect health, life and property and to prevent and summarily abate and remove all nuisances and to preserve and enforce the good government, order, security and dignity of the city and its inhabitants; and to enact and enforce ordinances on any and all subjects, provided that no ordinances shall be enacted inconsistent with the provisions of this charter or of the general laws or Constitution of the State of Georgia. Section 4-3. Scope of Ordinances, Rules, Bylaws . Authority to carry out and effectuate by ordinance each and every

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power granted to the city in this Act is hereby expressly conferred on the mayor and council of the city. Section 4-4. Enumeration of Powers not Exclusive . The enumeration of powers in this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby, or appropriated to the exercise thereof, the city shall have and may exercise all other powers which under the Constitution and laws of the State of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the city shall extend to all matters of local and municipal government. Section 4-5. Corporate Powers Enumerated . The mayor and council shall have the following powers: (a) Acquisition, disposal of property. To acquire property, within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease or leases with privilege to purchase for any municipal purpose, and may sell, lease, hold, manage, and control such property as specified and provided for; (b) Furnishing public services. To furnish all local public services, as herein specified and provided for; (c) Public utility franchise. To grant local public utility franchises and regulate the exercise thereof; (d) Taxation. To assess, levy and collect taxes for general and special purposes on all subjects or objects which the city may lawfully tax; (e) Bonds, notes. To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city; (f) Appropriations. To appropriate the money of the city for all lawful purposes; (g) Public works and improvements. To create, provide

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for, construct, regulate and maintain all things in the nature of public works and improvements; (h) Assessments for local improvements. To levy and collect assessments for local improvements on property benefited thereby; (i) Licensing, regulating businesses, trades, etc. To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade; (j) Abatement of nuisances, detrimental conditions. To define, prohibit, abate, suppress and prevent within the city, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof, and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants; (k) Purity of water supply. To make all needful regulations applicable within and without the city, for securing and preserving the purity of its water supply; (l) Preservation of public health. To do all things necessary or desirable to secure and promote the public health; (m) Construction, size, use of building. To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings, signs and signboards and other structures; (n) Use of streets, public places. To regulate and control the use, for whatever purpose, of the streets and other public places of the city, and to open and close streets; (o) Offices, departments, personnel. To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; (p) Police, sanitary, similar regulations. To make and enforce local police, sanitary and other similar regulations. (q) Ordinances for benefit of city. To pass such other

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ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city and for the performance of the functions thereof; (r) Imposition of fines and penalties. To try and punish all offenses and violations against the laws and ordinances of the city; and upon conviction to punish offenders as provided in section 5-7; (s) Additional powers. To exercise, in addition to the powers enumerated in this section, all powers that are, or hereafter may be, granted to municipalities by the Constitution or laws of the State of Georgia; and all the powers of the city, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the council. Section 4-6. Code of Ordinances, Resolutions, Rules; Adoption Modification, Repeal . The mayor and council shall have the power and authority to adopt, maintain and declare of force a code of the ordinances resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the council may deem proper to include therein, or a revision thereof or of entirely new ordinances, resolutions and rules, and may contain such of either as said mayor and council deem appropriate to include therein. Said code shall be subject to amendment or repeal, in whole or in part, at any time; provided however, that the ordinance adopting a code shall be passed in accordance with section 4-1. Section 4-7. Designation, Abatement of Nuisances . The mayor and council of the city may by ordinance declare what shall be a nuisance, and by ordinance prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet, and provide for the abatement of same. Section 4-8. Regulation, Maintenance of Public Health and Sanitation . The mayor and council of the city shall have the power and authority to provide for the inspection and

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regulation of the sanitary condition of all premises within the city limits; for the removal of garbage, night soil, refuse and insanitary or offensive vegetation; to provide for establishing a lien against affected property for any expenses incurred by the city in enforcing this provision; and to provide for the making and enforcing of all proper and reasonable regulations for the health and sanitation of said city and its inhabitants. Section 4-9. Policing Public Places, Protecting Water Supply . The mayor and council of the city shall have the power to police all parks, public grounds, streets, avenues, alleys and other public places owned by said city, within or without the city limits, to prohibit the pollution of all sources of water supply of said city; and to provide for the protection of watersheds. Section 4-10. Ordinances, Rules and Regulations to Protect Against Fire . (a) Enactment, scope. The mayor and council of the city may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district or fire districts thereof in the city, and to enlarge, change or modify the limits thereof from time to time; to prescribe when, how and of what material buildings and other structures may be erected, repaired or covered, how walls, chimneys, stove pipes and flues are to be constructed; to provide for fire escapes in buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible from dangers from fire and to prevent the spread of fire from one building structure to another, and for the protection and safety of the people. (b) Changing, removing construction. The mayor and council shall have the authority to order any changes in the construction or arrangement of buildings and other structures, chimneys, stove pipes or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the affected premises pay expenses of such change or removal, which expense may be collected as taxes are collected.

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(c) Removal, alteration of building. If any person, firm or corporation shall erect or maintain any building or other structure that is not in accordance with the laws and ordinances of the city, the mayor and council may order such person, firm or corporation to remove or alter the same within the time limit specified therefor, and if such person, firm or corporation shall not remove or alter such building or other structure after such notice to do so is given, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Section 4-11. Authority to Regulate Building, Repairing, Removing of Buildings, Other Structures . (a) Scope of authority. The mayor and council of the city shall have full power and authority to regulate the building or the repairing of any buildings or other structures within the corporate limits of said city or the removal thereof; to require persons desiring to build, repair or remove buildings or other structures in said city to first obtain a permit from the mayor and council or from such officer as shall be authorized to grant the same before erecting, repairing or removing same; to refuse to allow buildings or other structures to be erected, repaired or removed in said city when satisfied that said buildings or other structures or additions thereto, or repair thereof, or removal of the same, will be manifestly against the best interest of the city or will endanger the safety or health of the citizens or be likely to become a nuisance and offensive to the property owners or residents of said city; to require applications for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom they shall be filed; and to provide for the removal, the expense of the owners thereof, of buildings or other structures erected, repaired or removed in violation of such rules and regulations as may be prescribed by such mayor and council for the building, repairing or removing of buildings or other structures in said city. (b) Inspections. The mayor and council shall have the power and authority to provide for the inspection of the construction of all buildings and other structures in respect to proper electrical wiring, piping for gas, flues, chimneys,

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plumbing and sewer connections; and to enforce proper regulations in regard thereto. (c) Ordinances to implement section. The mayor and council of said city are hereby authorized and empowered to enact all ordinances to accomplish the provisions of this section, and to provide a penalty for the violation of such ordinances. Section 4-12. Regulating Safety of Buildings and Other Structures . The mayor and council shall have the power and authority to enact and enforce all ordinances and resolutions necessary to regulate the safety of all buildings and other structures. Section 4-13. Exists, Fire Escapes; Construction and Sufficiency . The mayor and council shall have the power and authority to require the construction of fire escapes, and to determine the sufficiency and regulate the safety of all exists and fire escapes provided on buildings of every kind and character. Section 4-14. Authority to Grant Franchises, Permits, Easements and Rights-of-Way . (a) Scope of authority. The mayor and council of the city shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over streets, alleys, lanes, squares, sidewalks, parks, and other property of said city, upon such terms, conditions, reservations, restrictions and limitations and for such compensation as the mayor and council may fix and prescribe. Provided, however, that the same shall not be granted for a period longer than forty (40) years. (b) Application, notice, granting. The mayor and council shall have the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit and right-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchise, permit, easement or right-of-way, it granted, shall become operative; and generally to prescribe such rules and regulations in

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respect to applications for same, the filing, publication of notice, and the granting of same as the mayor and council may deem necessary or advisable. (c) Ordinances to implement section. The mayor and council shall have the right and power to pass such ordinances as may be necessary to accomplish the provisions of this section and to prescribe penalties for the violation of said ordinances. Section 4-15. Erection of Structure in Street, Sidewalk, Public Place . The mayor and council shall have full power and authority to grant to any person, firm or corporation the right to erect or maintain a structure or obstruction in a public street, sidewalk or other public place, upon such terms and conditions and subject to such restrictions as the mayor and council shall deem appropriate. Section 4-16. Control of City Parks and Playgrounds . The mayor and council of the city shall have exclusive control over all city parks and playgrounds, and the power and authority to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, and providing amusements therein, and for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Section 4-17. Regulation of Streets, Avenues, Alleys, Obstruction Thereof . The city shall have the power to control, regulate and remove all obstructions, encroachments and encumbrances on any public street, avenue, alley or other public place, and to regulate and control the moving of buildings and structures of any kind or charter upon and along the same. Section 4-18. Condemnation of Property for Streets, Sidewalks, Public Places . (a) Scope of authority. The mayor and council of the city shall have full power and authority to condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares and parks in the city, and for the purpose of widening, straightening, grading or

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in any way changing the streets, lanes and sidewalks of the city. (b) Exercise of power. Whenever the said mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use as contained in the Code of Georgia of 1933, having reference to the condemnation of private property for public use, and as provided by Acts amendatory thereof. Section 4-19. Streets, Sidewalks and Public PlacesOpening, Widening, Changing, Closing . (a) Scope of authority. The mayor and council of the city shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks, squares and other public places of said city, and shall have full power and authority to open, lay out, close, narrow, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks and squares of said city; and shall have the power to lay out, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, sidewalks, crosswalks, cross drains, drains and gutters or any of them for public use or to lay wires, lines or pipes, throughout the streets, squares, lanes, alleys, parks and public places of said city, upon such terms and conditions as the mayor and council may by ordinance provide. (b) Assessment of cost. The mayor and council may assess not more than two-thirds (2/3) of the entire cost of any or all of the improvements or work described in subsection (a), against the abutting property and the owners thereof, including street and railroad property and the owners thereof, according to the proportion that such abutting property bears two-thirds (2/3) of the cost of such improvements or work and also to provide for the enforcement

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and collection of such assessments against the abutting property and owners thereof, including railroads thereon, by execution issued against such property and such owners. (c) Equalizing assessments. The mayor and council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose stated above, as may be just and proper, estimating the total cost of each such improvement made, and prorating the cost thereof, or such part as is to be borne by the abutting property and the owners thereof, on the abutting real estate, and the owners thereof, according to the proportion such abutting real estate bears to two-thirds (2/3) of the cost of such improvements or work on or along such street, sidewalk, avenue, alley, lane or other public place, or according to the area or value of said real estate, any or all, as may be determined by ordinance. (d) Lien of assessment. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the improvement or work and making assessment. (e) Collection of assessment. The mayor and council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement, as aforesaid, by execution issued by the city clerk against the real estate so assessed and the owner thereof for the amount thus assessed; which execution may be levied by the chief of police of the city on such real estate or other property owned by the owner thereof, without such levy being open to the charge of being an excessive levy, and after advertising and other proceedings, as in case of tax sales under existing ordinances, or such as may hereafter be made aplicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as is now provided for tax sales by said city; provided, that all advertisements may be made in the official organ of said city. (f) Contest of assessment. To any execution issued under

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the provisions of this section the defendant shall have the right to file an affidavit of illegality to common law judgments under the practice of the Superior Courts of the State, denying that the whole or any part of the amount for which such execution issued is due, and the reason why the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned for trial to the Superior Court of Pike County, Georgia, and there tried and the issues determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay only. (g) Priority of assessment. The lien of such assessments and the executions issued thereon on abutting property, including that of railroads and railways, and the owners thereof, for any such improvement contemplated and provided for by this section shall have rank and priority of payment next in point of dignity to liens for taxes, as provided by the Constitution and laws of the State of Georgia, and of the United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work or improvement in each case. (h) Application to maintenance, repair. The mayor and council shall have full power and authority to prescribe by ordinance such rules as they may in their discretion deem necessary and proper, to grade, pave, curb, macadamize, repair, drain or lay sewerage along or upon or otherwise improve any or all of the streets, avenues, alleys, lanes, sidewalks, or other public places in said city, and assess not more than two-thirds (2/3) of the cost or expenses against abutting property, and the owners thereof, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said mayor and council may see fit and proper. (i) Publication required. One (1) publication of such ordinance, or ordinances, for any of the work and improvements

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contemplated by this section, in the newspaper designated as the official organ for said city shall be sufficient notice to the abutting property owner or the owners of any railroad or railway having property or tracks abutting on such streets, sidewalks, avenues, lanes, alleys, or other public places in said city, of the contents and provisions of such ordinance or ordinances, and of the fact that such improvements are to be made. (j) Service of notices. Any other notice or notices deemed necessary or desirable to be made on abutting property owners by said city may be made in person or by leaving at the residence of the person to be notified if a resident of said city, but if such person is not a resident of said city then such notice may be served by publishing it for such time as may be prescribed by ordinance, and such publication in the official organ of said city shall be sufficient; provided further, that if said abutting property is owned by a partnership or by tenants in common, notice to any one of such owners shall be deemed sufficient, and if such real estate is owned by a minor or other person laboring under legal disability, notice to such minor or person laboring under legal disability and his guardian, if any shall be deemed sufficient service of such notice; if such minor or person laboring under legal disability be a nonresident or absent from the city for more than ten (10) days, service may be made by publication as hereinbefore provided. (k) Issuance of negotiable certificates. In addition to the authority hereby vested in the mayor and council of said city to issue executions for such improvements as are herein provided, covering the assessments in question, the said mayor and council shall have authority to issue paving, curbing, macadamizing, grading, draining, or sewerage certificates, one or all, in the name of the city, in behalf of or payable to the contractor or other person, corporation or concern, which certificates shall be made negotiable, shall be issued in such denominations and payable at such time or times, either for one (1) year or more than one (1) year, in the discretion of the mayor and council, and shall bear such legal rate of interest as may be fixed by council, interest to be payable annually or semi-annually, and principal and

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interest to be paid at such place or places as may be fixed by said mayor and council; and certificates to be based upon the executions issued against the abutting property and the owners thereof for such street or sidewalk improvements aforesaid. (l) Negotiation of certificates. The mayor and council shall have authority to negotiate such certificates when issued to contractors for such improvements or parties furnishing material therefor, in settlement of such paving improvement provided herein, or for labor or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and thereby obtain the money to pay for such street or sidewalk improvement. (m) Payment of certificates. The mayor and council shall have the authority to collect assessments for such street or sidewalk improvement under such execution as may be issued by authority of said city, and use the money to pay for such improvement certificates thus issued, and to prescribe the terms, the rate of interest and the time and place of payment of such executions and of such improvement certificates. (n) Additional powers. The city, through its mayor and council, shall have all other necessary authority to accomplish such street or sidewalk improvements, in a manner to be provided by proper ordinance or ordinances to be adopted by said city. Section 4-20. SameMaintenance, Drainage, Repair . (a) Scope of authority. The mayor and council of the city shall have full power and authority to pass all laws and ordinances necessary for the drainage and proper maintenance and care of the streets, alleys, sidewalks and other public places of said city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the pavement, curbing, grade or drainage of the same, as provided in section 4-18, whenever in the judgment of the said mayor and council, the same becomes necessary or advisable.

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(b) Manner of payment. The said mayor and council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent landowners or by both, as provided in section 4-18. Section 4-21. Right-of-Way of Railroad; Maintenance, Repair . The mayor and council shall have full power and authority to enact all laws and ordinances to require any railroad company having or which may hereafter have tracks running in, along, across or through the streets, alleys or public ways of said city, which have been improved, to macadamize or otherwise pave and improve as the mayor and council may direct, the width of their tracks, and two (2) feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct; and the mayor and council shall have the power and authority to enforce the provisions of this section by appropriate ordinances. Section 4-22. Construction, Paving, Repair of Streets, Pavements by Abutting Owners . (a) Authority of city to require work. The mayor and council of the city shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks, and pavements shall be constructed, paved, of unpaved, by the abutting property owners, and in case of failure or refusal of any property owner, after ten (10) days' notice to comply with the ordinance of said city in reference to the construction, paving or repairing of the sidewalks, pavements or street crossings, the mayor and council of said city are hereby authorized and empowered to prescribe that said owners be fined in a sum not exceeding two hundred fifty dollars ($250.00) and to collect the same by execution. (b) City may do work. The mayor and council may also direct their officers or employees to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance.

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(c) Execution for expenses. The mayor and council shall be empowered to issue execution for said bill of expense against said owner, and to levy and collect the same, as in cases of execution for taxes. Section 4-23. Supervision, Regulation of Public Work . The mayor and council may prescribe by ordinance or resolution any and all public work to be performed in the city and the method of doing the same, and shall have charge of the performance of all such public work. Section 4-24. Fixing Manner of Executing Public Work or Improvement . Any public work or improvement may be executed either by contract or by direct labor, as may be determined by the mayor and council. Before authorizing the execution by any city department of any work or improvement, detailed plans and estimates thereof shall be submitted to the mayor and council by said department, and there shall be separate accounting as to each work or improvement so executed. Section 4-25. Water System, Sanitary Sewer System; Establishment, Maintenance, Use . (a) Authority. The mayor and council of the city shall have power and authority to provide for a water system and for a sanitary sewer system and for maintenance thereof; to require property owners to make connection from their premises to such system or systems; to provide for fixing a lien against the premises of any property owner who fails or refuses to make such connections; to change the cost against the said owner and make it a personal liability; and to fix penalties for failure to make such connections. (b) Places to be filled in. The mayor and council of said city shall have power and authority to require all surface wells, dry wells or similar places to be filled in at the expense of the owner, and should be owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected.

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(c) Ordinances to implement section. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully accomplish the provisions of this section. Section 4-26. Authority to Extend Water, Sewerage System; Assessment of Cost . (a) The mayor and council shall have power to extend the water system and the sewer system at such time as the same shall be established, to any portion of the city within the corporate limits of said city, provided that two-thirds (2/3) of the cost of said extension is paid by the owners of the property to which said extension is made; and to extend said systems, or either of them, to any place beyond the corporate limits deemed feasible by the mayor and council. The mayor and council shall have power to provide for such extension by proper ordinance, including provisions that all cutoffs therefor be installed by the owners of the property served. (b) The exercise of this provision shall be optional, however, with said owners and shall in no way affect the right of the mayor and council to extend the water system and the sewerage systems when the same shall have been established, by the expenditure of funds from the treasury, but where there are no such funds they may comply with this provision at the instance of owners who desire such services under this provision. Section 4-27. Water, Sewerage, Electric and Natural Gas Systems; Maintenance, Repair, Extension . (a) Authority of city. The mayor and council of the city shall have the power and authority to establish, maintain, equip, repair, extend, enlarge, and in any way improve the present system of waterworks in the city, for the purpose of supplying its inhabitants and the city and consumers generally, with water; and the mayor and council shall have the power to do any and all things necessary for such purpose, to contract with any person or persons, firms or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easements over lands and premises

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to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and if necessary for any or all of such purposes to condemn the same as hereinafter provided. (b) Purchases, construction. Said mayor and council in the name of the city shall have full power and authority to make purchases of plants, machinery and any and all articles and things that way be necessary or advisable for the proper equipment of said plants and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plant; to build and erect structures, build, shape and furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and generally to have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvements of said plants, or the extension or enlargement thereof. The right to repair and maintain said plants, and to purchase such articles and things for such purposes, shall be exercised by the mayor and council. (c) Application to new systems. The mayor and council of the city shall have the full power and authority to establish and maintain new systems of waterworks, electricity, sewerage, natural gas, or any of them, whenever it may be necessary or advisable for the purpose of furnishing and supplying its inhabitants, and the city and consumers generally with water, sewerage, electric lights and natural gas, or any of them, and when such power and authority is exercised, the said mayor and council shall have the same rights, powers and privileges and shall be subject to the same duties and responsibilities for the erection, equipment, care, maintenance, repairing and improvement thereof, and the making and enforcement of contracts for the furnishing of services from such systems, or any of them, to the inhabitants of said city and nonresidents thereof, together with the right to acquire, own, possess and condemn lands and premises for such purposes, whether within or without the limits of said city, as are herein conferred upon

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and granted said mayor and council respecting the present system owned and operated by the city; provided, however, that the provisions hereof shall be subordinate to the provisions of existing franchises for such services. Section 4-28. Furnishing Water, Sewerage, Electrical, Gas Services . (a) Contracts authorized. The mayor and council in the name of the city shall have the right and authority to make contracts with the inhabitants of the city, and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, and for the furnishing of electric lights and power, sewerage, natural gas or any of them, in the event such systems are hereafter acquired, operated and maintained, at such rates and under such rules and regulations as the mayor and council may provide. (b) Fixing rates and charges. The mayor and council shall have power and authority to fix all rates and charges made for any such public service owned and operated for and by the city. Section 4-29. Franchises for Water, Electric, Sewer, Gas Services . (a) Authority of city. The mayor and council shall full power and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electric lights and power, sewerage, natural gas, or any of them, to the city and its inhabitants and to make such contracts with such persons, firms or corporations for such services as the mayor and council may deem proper. (b) Enactment of appropriate legislation. The mayor and council of the city are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and accomplish the purposes of this section; provided, however, that no provision of an existing franchise shall be impaired. Section 4-30. Condemnation of Property for Water, Electric, Sewerage, Gas Services . (a) Authority of city. The mayor and council, in the name of the city, shall have full

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power and authority to condemn any lands or premises, within or without the city, for the purposes of establishing and maintaining water work systems, sewerage systems, drainage systems, natural gas systems and electrical distributing systems, or any of them, for said city, or for the purpose of maintaining, extending, enlarging or improving said systems, or any of them, and for either or all of said purposes. (b) Regulation of proceedings. Whenever the right to condemn lands and premises herein granted is exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use, as contained in the Code of Georgia of 1933, and referring to the condemnation of private property for public use, and as provided by Acts amendatory thereof. Section 4-31. Sale of Electrical, Water or Gas Plant and/or System . (a) Authority. The mayor and council of the city are hereby authorized and empowered by ordinance to contract to sell and sell upon such terms and conditions as they may determine, any water or other plant or system owned by the city, including distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the city, and to cease operation of such system or systems, and to convey good and clear title thereto by deed of the city executed by its mayor. (b) Election required. At such time and place as shall be fixed by the mayor and council of the city there shall be an election in said city by the duly qualified voters thereof, to authorize the selling of the system or systems, distribution lines and equipment, apparatus and property whatsoever belonging to said city, as the same then exists, said election to be held and determined as provided by said mayor and council of said city, in which election ballots shall be furnished setting forth the question whether such sale shall be consummated.

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(c) Effect of election. If a majority of the legal voters of said city cast their votes in favor of selling said plant and its equipment, then the mayor and council of said city shall be authorized to sell the same. If a majority of legal voters of said city cast their votes against the selling of the same, then the mayor and council shall be without power and authority to sell said plant and equipment. (d) Notice of election. No election shall be held without first advertising the same in some newspaper published in said city once a week for four (4) weeks prior to the time of holding said election. (e) Place of election. Said election shall be held at the place of holding elections in said city for mayor and councilmen. (f) Qualifications of voters. The qualifications of voters shall be the same as are required of voters in elections held in said city for mayor and councilmen. Section 4-32. Bond Issues for Debts, Public Improvements . The City may issue bonds for the payment of its debts or for public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia as found in the Code of Georgia of 1933. Section 4-33. Levy of Ad Valorem Tax for General City Purposes . (a) Amount, scope of tax. The mayor and council shall have power and authority to levy and collect a tax annually, for general city purposes, of not more than twenty-two and one-half (22) mills, upon each dollar of assessed valuation, upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale as the mayor and council shall provide. (b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such taxes of said city shall be due, in what length of time said taxes shall be paid, when tax executions shall issue against

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defaulters, and to fix a penalty for the nonpayment of taxes when due. Section 4-34. Authority to Assess, Levy and Collect Ad Valorem Tax for Bond Purposes . (a) Scope of authority. The mayor and council of the city shall be and are hereby authorized and empowered to annually assess, levy and collect, in addition to all other taxes authorized to be levied under this charter, a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they may deem right, proper and necessary for the specific purpose of paying the interest on all bonds outstanding, or which are issued under the provisions of this charter, and also to create a sinking fund sufficient to redeem and pay off all bonds outstanding or which are issued under the provisions of this charter, at their maturity. (b) Use of funds. All taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and shall be used solely for the payment of the interest on all bonds as it accrues and for the creation and accumulation of a sinking fund for the payment of the principal of all bonds outstanding against the said city or which are issued under this charter. (c) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time such tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 4-35. Authority to Assess, Levy and Collect Ad Valorem Tax to Assist Development Authority . (a) Scope of authority. The mayor and council shall have power and authority annually to assess, levy and collect a tax not exceeding three (3) mills upon each dollar of assessed valuation, upon all and every species of property, both real and personal, in order to assist in defraying the cost of operation of a development authority should one be hereafter created for the benefit of the city, by making appropriations thereto. (b) Due date, collection. The mayor and council shall have

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power and authority to provide by ordinance when such tax shall be due, in what length of time said tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 4-36. Authority to Assess, Levy and Collect Garbage and Sanitation Tax . (a) Scope of authority. The mayor and council shall have the power to assess, levy and collect an annual tax in an amount necessary to defray the cost of garbage collection service, upon each and every city lot occupied by a resident, and upon each store or other place of business in said city. Vacant lots shall not be assessed. (b) Prerequisites. Before the imposition of such tax, the city shall establish a city garbage collection system and operate it at all times for the collection of all refuse and garbage from all lots so taxed for sanitary purposes, which said city is authorized to do by ordinance. (c) Use of funds. The funds arising from this tax must be used for the purpose of city sanitation and for no other purpose. Section 4-37. Returns of Property for Taxation; Determination of Due Dates . The mayor and council of the city shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so, to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; and to prescribe the time or times at which said returns are due. Section 4-38. Executions for Taxes, Licenses, Other Demands . (a) Issuance, contents, procedure thereunder. Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, be signed by him, bear teste in the name of the mayor, and be directed to the chief of police of said city and his deputies and to all and singular the

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sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution with all costs. The mayor and council shall, by ordinance, provide the time, place and advertisement of, method of conducting, and all regulations governing sales by the chief of police under said executions. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect said executions as they do executions issued from the respective courts of which they are an executive officer. (b) Laws, presumptions governing executions. All executions issued by the city clerk for taxes, license fees, special assessments, fines or forfeitures, due the city shall be governed by the laws governing executions for State and county taxes, and shall be subject to all presumptions of law and fact which apply to executions for State and county taxes. (c) Laws, rules, presumptions governing deeds. All deeds executed under levy of executions in favor of the city for taxes, licenses, special assessments, fines or forfeitures, shall be governed by the laws and rules of execution which apply to deeds executed by the sheriffs under levy of executions for State and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds executed by sheriffs under levy of executions for State and county taxes. Section 4-39. Contesting Assessment of Property for Taxes . (a) Appointment of arbitrators. If any taxpayer is dissatisfied with the assessment made of his property, either real of personal, by the city tax assessors, such taxpayer shall, within ten (10) days after the assessors have made their return to the mayor and council, in the case of resident owners, and within twenty (20) days of such return in case of nonresident owners, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one (1) arbitrator, a freeholder of the city, to represent him in fixing the fair market value of his said property. Upon such notice being filed with the said clerk, it shall be

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his duty to notify the city tax assessor of that fact, and it shall be their duty within three (3) days to name an arbitrator, who shall also be a freeholder of the city, to represent said city in fixing the fair market value of the property in dispute; the two (2) arbitrators so elected shall be immediately notified of their designation by the city clerk and shall forthwith select an umpire, who shall also be a freeholder of the city. In the event the two (2) arbitrators fail to name the umpire within twenty (20) days after their appointment, he shall be named by the mayor and council. (b) Authority of arbitrators. The board of arbitrators so constituted shall proceed within ten (10) days from the date of the naming of the umpire, to give their awards as to the fair market value of such property, which awards shall be returned to the city clerk, and shall be final on both the city and the taxpayer. Section 4-40. Licensing, Regulating Business, Occupations, Trades, Callings and Pursuits . (a) Scope of authority. The mayor and council of the city shall have the right and authority to tax, license, regulate and control by ordinance, all businesses, occupations, trades, callings, pursuits and professions and any and every other type of commercial activity conducted or carried on in the city, and which under the Constitution and laws of this State are subject to license, regulation and tax. (b) License restrictions. The mayor and council shall also have the right by ordinance to fix and prescribe the amount of said taxes and licenses; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this Section; and to provide penalties for the violation of any of the provisions thereof. Section 4-41. Registration, Special Tax on Trade, Business, Vocation, Profession, Trade, Calling, Pursuit . The mayor and council shall have full power and authority to adopt ordinances as authorized by the laws of Georgia to require any person, firm or corporation, whether a resident or nonresident of the city, engaged in or carrying on or who may engage in or carry on any business, trade, pursuit, calling,

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vocation, or profession, within the corporate limits of said city, either by themselves or by their agent or agents, to register their names and business, trade,, pursuit, calling, vocation or profession, annually, and to require such person, firm or corporation to pay for such registration such amount as the mayor and council may by ordinance prescribe; and to provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the said special tax and register, who shall engage in or offer or attempt to engage in such business, calling or profession without first complying in all respects with the ordinance in reference thereto. Section 4-42. Licensing, Regulating Control of Signs, Billboards . The mayor and council shall have power and authority by ordinance to license, regulate, control and prohibit the erection of signs or billboards; and to provide penalties for the violation of any of the provisions of such ordinance. Section 4-43. Authority to Borrow Money . The mayor mayor and council of the city shall have the power and authority to borrow money for the use of said city by making a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one percent (1%) of the assessed value of the taxable property within any one year; the sum or sums so borrowed shall be paid from the income of the city for the fiscal year in which the loan or loans are made, and before the expiration of the fiscal year in which the same were made. Section 4-44. Authority to Provide for Depository of City Funds . The mayor and council of the city may select some bank in the State as a city depository, and may require the treasurer or other appropriate officer of said city to deposit all funds of the city therein. Said depository may be selected upon such rules, regulations, conditions and requirements as the mayor and council may by ordinance prescribe. Section 4-45. Zoning and Planning . The mayor and council of the city are hereby authorized to pass and enforce zoning and planning laws whereby said city may be zoned or districted for various uses and other or different uses provided

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therein, and regulating the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein, provided said zoning and planning laws are consistent with the Constitution and conform to the provisions of Chapter 69-12 of the Code of Georgia of 1933, as amended, which said city (by and through its mayor and council) may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. Section 4-46. Authority to Regulate Traffic . The mayor and council of the city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any and all other kinds of vehicles in the city, whether said vehicles are propelled by hand, foot, steam, electricity or other motive power; to prescribe the rate of speed and the manner in which the same may be run, and the qualifications of the drivers, chauffeurs or operators of said vehicles; to provide for the registration of said vehicles, and to do any, all and every act and thing necessary or incident to the safety of the same and of the public. The mayor and council of said city shall have the authority to accomplish the provisions of this section by ordinance and to provide penalties for the violation thereof. Section 4-47. Railroad Trains; Speed, Operation . The mayor and council of the city shall have full power and authority by ordinance to regulate the speed and operation of railroad trains on, along or across the streets, avenues or alleys of the city; to make it a penal offense for any railroad company, its agents or employees to block or obstruct any street crossing, with railroad trains, cars or engines any longer than is necessary for said trains, cars or engines to pass over said crossings; and to regulate in any other way the running or operation of railway trains within the city limits, as it may deem necessary to protect and safeguard the public and to provide penalties for the violation of any of the provisions of this section. Section 4-48. Authority to Regulate Vehicles for Hire . The mayor and council of the city shall have the full right and power, by ordinance, to regulate all vehicles of every

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kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage or either or all of them; to provide for the inspection of same; to fix the rates of fare therefor; and to fix and prescribe penalties for violation thereof. Section 4-49. Regulating Plumbers and Plumbing . The mayor and council shall have the power and authority by ordinance to provide for the regulation and control of plumbers and plumbing work, and to secure efficiency in the same. Section 4-50. Authority to Regulate Storage, Sale of Explosives, Combustibles; Sale, Discharge of Fireworks . The mayor and council of the city shall have the right, power and authority, by ordinance, to regulate the keeping of gun-powder, dynamite, petroleum oils, turpentine, and any and all other kind of explosives or combustible materials; and to prescribe penalties for violations of such ordinances. Section 4-51. Authority to Regulate Cemeteries . (a) Generally. The mayor and council shall have exclusive jurisdiction over all cemeteries belonging to the city. They may make such appropriations as may be necessary for the care and supervision of same, and may enact ordinances and provide penalties for the purpose of preventing trespass thereon. (b) Fees and charges. They may regulate the charges of gravedigging and interment, hearse fees, and any and everything pertaining to the proper care and operation of such cemeteries; including the sale of lots or right to bury thereon. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees, as they may by ordinance provide. Section 4-52. Removal of Ice, Snow, Debris, Overhanging Limbs . The mayor and council shall have power and authority to remove within a reasonable time, ice, slush, snow and other debris from sidewalks and to require the owner, agent or lessee owning, occuping or controlling the abutting property to remove all such ice, snow and other debris, and all low-hanging limbs from trees adjacent to such sidewalks.

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Section 4-53. Keeping, Handling of Animals and Fowl . The mayor and council of the city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowl from running at large in said city; to regulate, prevent or prohibit the keeping of certain animals within the city limits, or to regulate the number and manner in which they must be kept, if allowed; and shall have full power and authority to take up and impound any of such animals and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the mayor and council of said city to carry out and accomplish the purposes of this section. Section 4-54. Taxation, Registration, Keeping of Dogs . The mayor and council shall have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances. Section 4-55. Establishment, Operation of Municipal Pound . The mayor and council shall have authority to establish a pound for the impounding of animals, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode of manner of sale or disposition of impounded animals where no owner appears, or when payment of the impoundment fees charged, penalties, or costs is refused; to provide for the disposition of the proceeds of the sale of impounded animals; and to provide for the punishment of all persons, who, without authority, shall break into the pound or interfere with the operation thereof. Section 4.-56. Cruelty to Animals . The mayor and council shall have power and authority to prohibit the inhuman treatment of animals and provide punishment therefor. Section 4-57. Prohibiting, Punishing Beggars, Prostitutes . The Mayor and council shall have the power and authority

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to restrain and punish vagrants, mendicants, beggars and prostitutes. Section 4-58. Authority to Provide for Working of Convicts, Custody of Prisoners . (a) Scope of authority. The mayor and council shall have full power and authority to provide for the working of the convicts from the police court upon the streets and other public places and works of said city; to maintain, establish and equip, a jail, prison or guard house in said city for the safekeeping or prisoners and persons charged with violating the laws and ordinances of said city; and to provide for the care of such prisoners. (b) Ordinances to implement provisions. The mayor and council shall have the authority to enact such ordinances as are necessary to carry out the provisions of this section. Section 4-59. Hospitals, Similar Institutions; Establishment, Operation . The mayor and council shall have power and authority to establish, maintain and regulate such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority. Section 4-60. Participation in Emergency Plans with Disaster Stricken Cities . The mayor and council are hereby authorized to provide by ordinance or resolution for participation by the city in emergency procedure plans whereby the mayor, or in his absence the mayor pro tem, shall be authorized to furnish city equipment, machinery, services, supplies and personnel to other cities during time of emergency therein; provided however, that in the event of such participation, liability insurance coverage and other applicable insurance coverage shall remain in force and effect respecting any equipment, machinery, services, supplies or personnel furnished by the city under such plan; and provided further, that the mayor and council may provide by ordinance or resolution for the withdrawal of the city from such at any time. ARTICLE V. POLICE COURT Section 5-1. Police Court Established . That there shall be

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a court of the city, known and designated as the Police Court of the City of Meansville. Section 5-2. Presiding Officer Designated . Until such time as the office of city recorder is established and a recorder is selected, sessions of the police court shall be held and presided over by the mayor, or in his absence by the mayor pro tem, or in his absence by a councilman designated by the mayor for the purpose. Section 5.3. Time, Place of Sessions . Sessions of the police court shall be held and presided over at the city hall building in the city, or at such other place in said city as the mayor or council may direct, daily or at such times as in the judgment of the presiding officer of said court may be necessary. Section 5-4. Scope of Jurisdiction . The jurisdiction of the police court shall extend over all violations of the laws and ordinances of the city and all other laws of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said violations and offenses are committed within the corporate limits of the city. Section 5-5. Jurisdiction Extended Beyond City Limits . The city shall have the power and authority to exercise police power over all property beyond the limits of the city but owned by the city, and jurisdiction of violations of the ordinances of the city in and over such territory is hereby vested in the police court of the city. Section 5-6. Powers Enumerated . The police court and the presiding officer thereof shall have the following powers: (a) Contempt. To punish for contempt against its lawful authority whether in its presence or otherwise; (b) Summonses, subpoenas. To issue summonses and subpoenas for witnesses and compel their attendance whether residents of the city or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether

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in the city or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said police court; and to punish, as for contempt, failure to obey its legal summonses and orders; (c) Continuances. To grant continuances under rules of law; (d) Bonds, recognizances. To take bonds and recognizances for persons charged with offenses against the laws and ordinances of the city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; and to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and places specified therein, under such rules and regulations as the mayor and council of said city shall be ordinance prescribed; and (e) Enforcement of authority. To do, generally, all other acts and things necessary for the proper enforcement of its authority. Section 5-7. Trial of Violations Against City Laws and Ordinances; Limitation Upon Penalty . The presiding officer of the police court shall have the power and authority to try all offenses and violations against the laws and ordinances of the city, committed within the corporate limits thereof, and upon conviction, to punish offenders by a fine not exceeding two hundred fifty dollars ($250.00), by imprisonment in the city jail or guardhouse for any term not exceeding ninety (90) days, or by compulsory work, not exceeding ninety (90) days, on the streets or upon any of the public works of said city, or by any combination of such penalties, as the presiding officer of said court may direct. Section 5-8. Imposition of Punishments . Any or all of the punishments prescribed in section 5-7 may be inflicted in the discretion of the presiding officer of the police court, and such presiding officer shall have the authority to impose any of the above punishments in the alternative.

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Section 5-9. Limitation upon Punishment for Contempt . The police court shall have the power and authority to punish for contempt by fine not exceeding twenty-five dollars ($25.00), or by imprisonment in the city jail or guardhouse not exceeding ten (10) days, either or both, in the discretion of the presiding officer of said court; provided that a continuous failure or refusal by any person to obey the lawful orders and summons of said court shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed. Section 5-10. Execution, Levy, Sale to Enforce Collection of Fine . Whenever any person is convicted and sentenced to pay a fine or to imprisonment or to work upon the streets of the city or other public works thereof, and fails or refuses to pay said fine, the city shall have the right to enforce the collection thereof by execution, levy and sale in the same way and manner as the collection of taxes is enforced in the city. Section 5-11. Criminal Jurisdiction of Justice of the Peace Vested in Presiding Officer . The presiding officer in the police court of said city, shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a justice of the peace, and when it shall appear upon the trial of any case in the police court of said city, that an offense against the laws of the State has been committed within the limits of said city, it shall be the duty of the officer presiding in said court, to make a thorough investigation into the facts and to commit the offender to jail or to bail to answer to the court having jurisdiction of the offense if the offense is bailiable. Section 5-12. Jurisdiction to Try Nuisances, Require Abatement . The police court of the city shall have concurrent jurisdiction with the mayor and council of the city in respect to the trial and abatement of all nuisances in said city. Section 5-13. Right of Trial Upon Written Accusation . All trials in the police court of the city shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the

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city clerk that an accusation, in writing, shall be preferred against him, in which event a written accusation, in form substantially as follows: Georgia, Pike County, City of MeansvilleIn the Police Court of the City of Meansville: I, , chief of police (or policeman) of said city, in the name and behalf of the City of Meansville, charge and accuseof the offense of, contrary to the laws and ordinances of said city, the good order, peace and dignity thereof, shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and upon the issue thus formed the case shall proceed to trial and disposition. Section 5-14. Appearance BondsAmount, Conditions, Effect . The chief of police or any policeman of the city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a cash bond or surety bond with good and sufficient security to be approved by the chief of police or the assistant chief, or in their absence by the senior officer on duty, payable to the mayor of said city, in an amount fixed by the said chief of police or the assistant chief, or in their absence by the senior officer on duty, for the personal appearance of such person before the police court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence except by the leave of the court, except when the offender is violent, in which case trial may be refused. Section 5-15. Same-Forfeiture . In the event the principal fails to appear before the police court as stipulated in his appearance bond, said bond shall be forfeited in said court and the presiding officer thereof shall have the power and authority to order the principal in said bond rearrested and placed in the city jail or guardhouse until such case shall be

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tried and disposed of, or to admit the defender to bail, as he may deem proper. Section 5-16. Certiorari to Review ConvictionPrerequisites . Any person convicted in the police court in the city for a violation of any of the laws and ordinances of said city shall have the right to certiorari to the Superior Court of Pike County, provided all costs are first paid to the city clerk, who shall, upon payment thereof, certify in writing that the same have been paid and bond and security given in at least double the amount of the fine which can be imposed, to personally appear, stand to and abide by the final judgment in said case; and if no fine is imposed and the defendant is sentenced to work on the street or other public works in said city, then a like bond shall be given, the amount of which shall be fixed by the presiding officer of said police court. Section 5-17. SameBonds to Be Approved . All bonds given in certiorari cases shall be approved by the presiding officer in the police court. Section 5-18. SameAffidavit in Forma Pauperis . Nothing in sections 5-16 through 5-20 shall prevent the defendant if he desires to certiorari has case, from filing the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the costs. Section 5-19. SameAffidavit, Bond to Act as Supersedaes . Upon the affidavit provided for in section 5-18 being made or the bond provided for in section 5-16 being made or the bond provided for in section 5-16 being given, the same shall act as a supersedeas of the judgment sought to be reviewed by certiorari, until the final judgment is rendered in said case. Section 5-20. SameRules and Regulations Applicable . All certiorari shall be governed under the same rules and regulations, except as otherwise provided herein, as are provided by law for the carrying of cases by certiorari from the probate court to the superior court.

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Section 5-21. City RecorderCreation. Establishment of Office . The mayor and council of the city may, whenever in their judgment they see fit, create the office of city recorder for said city and elect an upright and intelligent person reasonably skilled in the law, to perform the duties of that office. Section 5-22. SameQualifications, Oath of Office . The recorder shall be a qualified voter of Pike County and shall take and subscribe to such oath as the mayor and council shall by ordinance prescribe. Section 5-23. SameTerm of Office . The recorder may be elected at any time that in the judgment of the mayor and council his services may be necessary or desirable, and he shall hold his office for a term of one year, or until the qualification of the mayor and council following the next city election, and until his successor is elected and qualified. Section 5-24. SameCompensation . Whenever the mayor and council in their judgment see fit to create the office of city recorder and elect a person to perform the duties of that office, they shall also fix his compensation therefor. Section 5-25. SameDuty to Preside in Police Court . It shall be the duty of the recorder to preside in the police court of the city in all cases, except when providentially hindered or when absent from the city, or when he may be disqualified. In either case the mayor or in his absence the mayor pro tem. or in his absence a councilman designated by the mayor shall preside as acting recorder with the same power that is vested in the recorder. ARTICLE VI. PENALITIES AND PROCEDURES ON ARREST Section 6-1. Authority to Arrest, Confine Persons Arrested . The chief of police and all policemen of the city shall be fully authorized and empowered to arrest any person within the corporate limits of the city charged with an offense against its laws and ordinances and to imprison and comfine such persons arrested by them in the city jail or guardhouse,

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or in the jail of Pike County until trial, or to admit them to bail as provided in this charter. Section 6-2. Territorial Scope of Power to Arrest . The chief of police and the policemen of the city shall be authorized to arrest anywhere within the limits of this State any person charged with a violation of the laws and ordinances of the city upon a warrant from the proper officer of said city authorized to issue the same. Section 6-3. Arrest for Violation of City Laws, Ordinances . In no case, except as herein otherwise provided, shall the chief of police or any policeman of the city make any arrest of any person charged with a violation of any of the laws and ordinances of said city without first having procured from the mayor, mayor pro tem. or recorder of said city (each of them being hereby authorized and empowered to issue warrants for the apprenhension and arrest of persons charged with violating any of the laws and ordinances of said city), a warrant for the arrest of such persons, unless the offense or violation is committed in the presence of such arresting officer, or the offender is attempting to escape, in which event said officer may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. Section 6-4. Arrest for Violation in Presence of Officer . It shall be the duty of the chief of police and policemen of the city to arrest any person violating any of the laws of this State in their presence and to immediately carry such persons before a magistrate and see that a proper warrant is sworn out. Section 6-5. Authority to Arrest Without Warrant . The chief of police and the policemen of the city may arrest without warrant in all cases where authority is given to arresting officers of this State by the laws of Georgia for making arrests without a warrant. Section 6-6. Service of Summons in Lieu of Arrest . Upon information that an offense against the city's laws and ordinances has been committed, and said violation has not

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been committed in the presence of a police officer of the city, but said police officer is satisfied that the person charged with such offense is not likely to leave the city to escape arrest under a warrant, he shall serve upon said person a written summons to appear before the police court at its next regular session to answer such charge. Section 6-7. Failure to Obey Summons . If the person served with a summons as provided in section 6-6 refuses to obey such summons, he shall be deemed in contempt of the police court and shall be punished accordingly. Section 6-8. Use of Warrant to Prevent Accused from Leaving City . If a police officer of the city has reason to believe that an accused person will leave the city and not obey a summons served as provided in section 6-6, said officer shall obtain a warrant from the proper officers of the city for the arrest of said person, and shall imprison said person until a trial is had before the police court, or the accused is admitted to bail for his appearance before the police court at its next regular session to answer the charge against him. Section 6-9. Arrest for Violation of State Laws . It shall be the duty of all police officers of the city in all cases where they know that State laws are being violated in the city, to apply to the nearest magistrate for a warrant for such person and have the same executed. Section 6-10. Authority to Execue Warrants for Violation of State Laws . The chief of police and the policemen of the city shall be authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this State. ARTICLE VII. REGISTRATION OF VOTERS Section 7-1. System for Registration of Voters Adopted . A system for the registration of voters is hereby established for the city.

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Section 7-2. Scope of Registration Provisions . No person shall be allowed to vote in any election of any kind held in the city without having first registered in accordance with the provisions of this Article, the provisions of Chapter 34A-5 of the Code of Georgia of 1933, as amended, and such ordinances or regulations as may be adopted hereunder; and the mayor and council are hereby empowered to adopt such ordinances and regulations as may be deemed proper to carry out the purposes of this Article. Section 7-3. Qualifications of Applicant for Registration . Any voter registering under the provisions of this Article shall be a qualified voter so long as he remains a citizen of the City of Meansville, meets all of the qualifications of electors prescribed in section 34A-501 of the Code of Georgia of 1933, as amended, and is otherwise qualified to register in any general election in the State of Georgia. Section 7-4. Form for Registration; Contents, Execution . The registrar or registrars of elections appointed by the mayor and council shall procure registration cards complying in form with the provisions of section 34-609 of the Georgia Election Code, which card shall be properly filled in, and an oath shall be administered to the applicant for registration, and signed by him and attested by the registering officers. For this purpose the registering officer shall be authorized and empowered to administer oaths to the persons so registering. Section 7-5. Oath of Registrant . The registering officer shall require an applicant for registration to take the following oath before him: I do solemnly swear that I am a citizen of the United States; that I am at least eighteen (18) years of age, and am qualified by citizenship, residence and constitutional qualifications to vote for members of the General Assembly of Georgia in the County of Pike; that I will have resided in the State of Georgia for not less than one (1) year, and in Pike County for not less than six (6) months and in the City of Meansville for not less than ninety (90) days next preceding this registration, or by the vote of the next city election

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if still a resident of this city I will have fulfilled these conditions; and that it is my intention to remain a resident of this city until the day of election, so help me God. When an applicant for registration is so sworn, and has signed said oath and the same has been attested by the registering officer, a minute of that fact shall be entered opposite his name on the registration list. Section 7-6. RegistrarsSelection, Term . At the first meeting of the mayor and council held after the passage of this Act, the mayor and council shall elect by ballot three (3) registrars for the city, one of whom shall be designated chief registrar, who shall serve at the pleasure of the mayor and council, and until their successors are elected and qualified. Said registrars shall be qualified voters of said city. In the event of the death or resignation of any registrar his unexpired therm shall be filled by the mayor and council. Section 7-7. SameOath . The registrars selected as provided in section 7-6, before entering upon their duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharged, to the best of my ability, the duties imposed upon me by law as registrar. Said oath shall be filed with the clerk of council and entered upon the minute books of the city. Section 7-8. SameCompensation . The mayor and council of the city shall have the power and authority to fix the compensation of registrars and to pay the same. Section 7-9. Actions of Registrars to be Public . All actions of the registrars in revising the lists of voters registered in the city shall be done in public, in the council chambers of the city. Section 7-10. Time for Opening, Closing Registration List . The registrars shall open at the city clerk's office, or at such other place as may be designated by the mayor and

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council, at least ten (10) days after notice of such change has been given, a list for the registration of voters, which list shall be kept open from 9:00 a.m. until 5:00 p.m. each and every day, Sunday excepted, until a day not later than three (3) days prior to such primary or election, when it shall be finally and absolutely closed at 5:00 p.m. on the last day. Section 7-11. Registration of Absent Persons . Any qualified voter who desires to be registered to vote shall be required to apply in person before the registering officer for such purpose. Section 7-12. Duty to Prove Right to Register . No person unknown to the registering officer shall be allowed to register until he produces evidence of his residence in the city and his right to register. Section 7-13. Preparation, Revision, Certification of Registration Lists . In making a voters' registration list, and revising such list, the registrars shall examine the grounds for disqualification of voters, and shall leave no person on said list who is not entitled to register, and shall strike no name from said list who is entitled to register and vote. After such registrars have fully completed their work in revising the voters' registration list, they shall file a certified copy of such list, alphabetically arranged, with the city clerk. Section 7-14. Revision of Lists to Exclude Disqualified Persons . In order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year, as now or may be hereafter provided for by State law. The registering officer shall refuse to register any person whose name appears on these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed. Section 7-15. Registrars to Hear Complaints . Five (5) days prior to the date of any election for any purpose, held in and for the city, the registrars shall, in open session in the council chamber, hear all challenges of the right of registration of any person whose name appears upon the voters' registration list. The procedure for deciding such

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challenges shall be provided by ordinance of the mayor and council. Section 7-16. Delivery of Voters' List to Clerk of Council . At least three (3) days prior to a primary or election, the registrars shall file one certified copy of the revised voters' list with the clerk of council for the inspection of all parties concerned. Section 7-17. Registration to be Permanent Unless Voter Becomes Disqualified . All persons who register as herein provided and otherwise qualified to vote in the City of Meansville shall remain permanently registered and shall be entitled to vote at all elections held by the City of Meansville or its authorities so long as he may continue to be a qualified voter in said city, provided he does not become disqualified to vote, in which event said elector's name shall be stricken from the list of qualified voters by the board of registrars, which is hereby authorized to purge said list prior to each election, as provided in section 34A-515 of the Georgia Code of 1933, as amended. Section 7-18. List of Registered Voters to be kept as Permanent List . The list of registered voters, prepared and purged as herein provided, shall be kept and retained on file in the office of the clerk of the mayor and council of the city as a permanent registration list, until the same has been superseded by a new list also prepared and purged as provided herein, at which time the superseded list may be destroyed. Section 7-19. Violation by Registrants . Any person who shall register illegally under this Article or be guilty of a violation of sections 34-1901 and 34-1902 of the State Election Code or section 34A-509 of the Municipal Election Code pertaining to false statements and false registration, in registering under this Article, shall be guilty of a misdemeanor, and on conviction shall be punished therefor. Section 7-20. Violations by Clerk of Council, Registrars . Should the clerk of council or registrars wilfully refuse to permit any person to register who is entitled to do so under

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this Article or under Chapter 34A-5 of the Municipal Election Code, or fail to enter the name of any such person upon the records to be kept for that purpose, or should illegally remove the name of any such person from such record, or the lists prepared for holding such election, or shall wilfully enter the name of any person on such lists who is not entitled to register, then such clerk or registrar so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. ARTICLE VIII. ELECTIONS Section 8-1. Councilmen, Mayor to be Elected by Voters of Entire City . All councilmen and the mayor of the city shall be elected by the voters of the entire city, voting at large. Section 8-2. Residence Requirements of Candidates for Councilman, Mayor . In order to be eligible to be elected as a councilman or as mayor of the city, a candidate must be a resident and qualified and duly registered elector of the city on the date he qualifies to run for office, and at the time of election thereto. Section 8-3. Candidates for Council to Indicate Type of Candidacy . A candidate for office hereunder shall designate the specific office for which he is offering as a candidate. Section 8-4. Designation of Polling Places . The mayor and council of the city shall designate the polling places for the conduct of elections in the city. Section 8-5. Hours for Opening, Closing Polls . The polls for the holding of all elections in and for the city shall open at 7:00 a.m. and remain open until 7:00 p.m. by the time in common use in said city, at which time they shall be closed. Section 8-6. Challenge of Voter . When any voter is challenged, that fact shall be so written opposite his name on the voters' lists and also on his ballot, and he shall be required to take the following oath:

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I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen (18) years, and resided in the State for one (1) year, in the County of Pike for not less than six (6) months and in the City of Meansville for not less than ninety (90) days next preceding the election; and that I have not voted before at this election, so help me God. Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Section 8-7. Declaration of Election Results . The mayor and council, or so many of them as are not disqualified by being a candidate for election shall, at their first meeting after an election, declare the result of the election, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried or not carried, as the case may be; the resolution of the council declaring the results of the election shall be entered on the minutes of the council; provided, however, that any two (2) councilmen or one (1) councilman and the mayor, shall have authority to declare the result of said election in the event a majority of said body should be disqualified. Section 8-8. Police to Preserve Peace and Order at Polls . To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity to cast his ballot, or so that the secrecy of the same may be maintained, it shall be the duty of the municipal authorities to furnish a sufficient number of police. Section 8-9. Accompanying Voter to Polls . It shall be unlawful for any person to lead or carry a voter to the polls, or to accompany or follow him, either to influence his vote, or to see how he votes, or to see that he votes in any particular way. Section 8-10. Electioneering . It shall be unlawful for any person to electioneer, or in any way to influence or try to influence any voter, or to speak to him on any subject of voting within two hundred fifty (250) feet of the voting

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place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duties as such, provided they do not electioneer or try to influence any voter in any particular manner. Section 8-11. Penalties for Unlawful Conduct at Polls . Any person or persons who shall in any manner violate either or any of the provisions of sections 8-9 or 8-10 shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanor. Section 8-12. Violations and Penalties . The violations set forth in Chapter 34A-16 of the Code of Georgia of 1933, as amended, being part of the Georgia Municipal Election Code, when committed in any city primary or election, shall constitute violations of this Article; excepting therefrom, however, those violations and penalties which by their nature can have no application. ARTICLE IX. RECALL OF ELECTIVE OFFICERS Section 9-1. Scope of Article Provisions . Any elective officer of the city shall be subject to recall and removal from office by the qualified voters of the city, and the procedure to effect such removal shall be as provided in this Article. Section 9-2. Recall Election Prohibited at Certain Times . No recall petition shall be filed against any officer of the city within six (6) months after his election, nor within six (6) months after an election for such officer's recall. Section 9-3. Petition for Recall: Execution, Filing . A petition demanding that the question of removing an elective officer or officers be submitted to the voters, shall be filed with the person discharging the duties of city clerk. Such petition for the recall of any such elective officer or officers shall be signed by at least twenty-five percent (25%) of the qualified voters as determined by the registration list as used in the next preceding election, at least one-fifth (1/5) of whom shall certify that at the election at which the officer or officers was or were elected, they voted

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for the election of such officer or officers proposed to be recalled. Section 9-4. Issuance of Petitions for Signatures . Petitions for signatures for recall of an elective officer shall be procured only from the person exercising the duties of city clerk, who shall keep a sufficient number of such blank petitions on file for distribution; prior to the issuance of such petitions for signature there shall be filed with such person an affidavit by one or more qualified voters, stating the name or names of the officer or officers sought to be removed, and that the issuance of such petition or petitions are desired. Section 9-5. Record of Petitions for Removal Issued . The officer issuing petitions for removal of an elective officer shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance and the number of such petition issued, and shall certify on such petitions for signatures the names of the voter to whom issued and the date of its issuance. Section 9-6. Prerequisites to Accepting Petition for Signatures . No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears the certificate provided for in section 9-3 and be filed as herein provided. Section 9-7. Identification of Signer of Recall Petition . Each signer of a recall petition shall sign his name thereto and shall write thereon, after his name, his place of residence in the city, by street and number. Section 9-8. Affidavit of Circulation to Accompany Recall Petition . To each petition for recall there shall be attached an affidavit of the circulation thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in his presence, and is that of a person whose name it purports to be. Section 9-9. Filing of Recall Petition, Notice Thereof . All papers comprising a recall petition shall be returned and

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filed with the city clerk, within thirty (30) days after the filing of the affidavit hereinbefore provided for. Upon the return of such petition, the person exercising the duties of city clerk shall at once submit the same to the governing authority of the city, and shall notify the officer or officers sought to be recalled of such action. Section 9-10. Fixing Date for Recall Election . If the official whose removal is sought does not resign within five (5) days after the notice provided for in section 9-9 is given, the governing authority of the city shall thereupon order and fix a day for holding a recall election, the date of which election shall be not less than fifteen (15) nor more than thirty (30) days from the time the petition for recall was presented to the governing authority of the city. Section 9-11. Form, Content of Ballot . The ballot in a recall election shall conform to the following requirements: With respect to each person whose removal is sought the question shall be submitted Shall (name of person) be removed from the office of (name office) by recall? Immediately following each of such questions there shall be printed on the ballots, in separate lines, in the sequence here set out the words: For the recall of (naming person), against the recall of (naming person). Section 9-12. Effect of Recall Election . Should a majority of the votes cast at a recall election be for the recall of the officer named on the ballot, he shall be deemed removed from office, regardless of any defects in the recall petition; but should a majority of the votes cast at such recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his term, subject to recall as herein provided. Section 9-13. Effect of Election Recalling Less Than All Elective Officers . If in a recall election there shall remain, as a result of such election, one or more of such elective officers who is not recalled, then such officers or officer not recalled shall discharge all of the duties incumbent upon the governing authority of the city until the vacancy or vacancies

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created at such recall elections are filled by an election for that purpose, as hereinafter provided. Section 9-14. Election to Fill Vacancies Created by Recall . If at any recall election it is not proposed and submitted to recall all of the elective officers, but any one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled, the governing authority of the city, within five (5) days after the result of such election has been certified by the mayor thereof, shall meet and on the same day order a special election to fill such vacancy or vacancies, which election shall be held not less than thirty (30) days nor more than sixty (60) days after the same has been ordered. Section 9-15. Conduct of Election to Recall All Elective Officers . If in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballot under the question of recall the names of candidates to fill the vacancies proposed to be created by such election, in which event, however, the name of such officers proposed to be recalled shall not appear on the ballot as candidates. Section 9-16. Authority of Superior Court of Pike County . In the event the governing authority of the city shall fail or refuse to receive a recall petition, order a recall election, or discharge any other duties with reference to such recall, or in the event of the failure of the city clerk to discharge the duties herein provided to be discharged by him, the Superior Court of Pike County, Georgia, shall discharge any of such duties herein provided to be discharged by the governing authority of said city, or any of the duties herein provided to be discharged by the city clerk. ARTICLE X. DIRECTORY AND TRANSITORY PROVISIONS Section 10-1. Succession to Rights, Privileges, Remedies, Debts, Liabilities . The City of Meansville, as continued by this Act, shall succeed to all the rights, privileges and remedies of, and is hereby made responsible as a body corporate

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for all the legal debts, liabilities and undertakings of the present Town of Meansville and its former governing authorities as heretofore incorporated. Section 10-2. Preservation of Ordinances and Resolutions . All ordinances and resolutions in force at the time of the taking effect of this Act, not inconsistent with its provisions, shall continue in force until amended or repealed. Section 10-3. Preservation of Existing Officers, Salaries, Fees, Licenses, Special Taxes . Nothing in this Act shall affect the present officers of the city or their fees or salaries, or the licenses and special taxes or the tax rate fixed by the ordinances of said city for the current year. Section 10-4. Severability . If any provision of this Act shall be held to be unconstitutional or invalid for any reason, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect. Section 10-5. Act Repealed . The following Act of the General Assembly of the State of Georgia is hereby repealed in its entirety: Ga. L. 1913, p. 1055. Section 10-6. Repeal of Conflicting Laws . All laws and parts of laws in conflict with this Act shall be and are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Pike County. Notice is hereby given that I shall introduce a bill in the 1976 session of the General Assembly of the State of Georgia, amending the Charter of the City of Meansville, approved August 6, 1913, so as to extend the powers of the said City. This 19th day of January, 1976. J. R. Smith Representative for Legislative District containing the City of Meansville

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peter L. Banks who, on oath, deposes and says that he is Senator from the 17th 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 29, February 5, 12, 1976. /s/ Peter L. Banks Senator, 17th District Sworn to and subscribed before me, this 27th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large My Commission Expires Dec. 18, 1976. Approved March 24, 1976. FAYETTE COUNTY BOARD OF COMMISSIONERSELECTION PROVISIONS CHANGED, ETC.REFERENDUM. No. 1134 (House Bill No. 1981). An Act to amend an Act creating a Board of Commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 3105), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2773), so as to change the number of members of the board of commissioners; to change the provisions relating to election of members of the board; to provide for initial and regular terms of office; to change the provisions relative to quorums; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Board of Commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 3105), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2773), is hereby amended by striking section 1, which reads as follows: Section 1. There is hereby created a Board of Commissioners of Roads and Revenues for Fayette County, Georgia, hereinafter referred to as the board, to be composed of three members. Such board shall come into existence January 1, 1961, with the first members thereof being elected in 1960 as hereinafter provided., in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. There shall be a Board of Commissioners of Fayette County, Georgia, hereinafter referred to as the board, to be composed of five members. Members. Section 2 . Said Act is further amended by adding at the end of section 2 a new paragraph to read as follows: In addition to the three members elected from road districts, effective January 1, 1977, there shall also be two additional members from the county at large. Such additional members at large shall be elected in the general election to be held in November, 1976. The two members so elected shall take office on January 1, 1977, and shall serve for a term of office of two years each and until their respective successors are duly elected and qualified. Thereafter, successors to such two members at large shall be elected in the general election immediately preceding the expiration of the terms of office of the members at large and the successors so elected shall take office on January 1, following their election for a term of office of four years and until their respective successors are duly elected and qualified. Section 3 . Said Act is further amended by striking from section 8 the following:

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two, and inserting in lieu thereof the following: three, so that when so amended section 8 shall read as follows: Section 8. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. At the first meeting in each year the board shall elect a chairman and a vice chairman to serve for that year. The chairman shall preside at all meetings of the board and shall serve as the executive officer of the board. In the absence of the chairman, the vice chairman shall preside. Section 4 . Not less than 1 nor more than 10 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Fayette County to issue the call for an election for the purpose of submitting this Act to the electors of Fayette County for approval or rejection. The superintendent shall set the date of such election for May 4, 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 Fayette County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act increasing the number of members of the Board of Commissioners of Fayette County from three members to five members be approved? Referendum. All persons desiring to vote for approval of the Act shall vote es, 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.

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The expense of such election shall be borne by Fayette 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 Intention to Introduce Local Legislation. Notice is hereby given that there be introduced at the February 1976 session of the Georgia General Assembly, a bill to provide for residence requirements for county commissioners, to provide for commissioner districts, to provide for staggered terms of members of the Board of County Commissioners, and for other purposes. This 27th day of January, 1976. State Representative Jim West State Representative John Carlisle State Representative John Mostiler State Representative Rudolph Johnson State Representative Frank Bailey State Representative Bill Lee State Senator James R. Hamilton State Senator Virginia Shapard Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Carlisle who, on oath, deposes and says that he is Representative from the 71-Post 1 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following dates: January 29, 1976 - February 3, 1976 - February 10, 1976. /s/ John R. Carlisle Representative, District 71 - Post 1

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Sworn to and subscribed before me, this 20th day of February, 1976. /s/ Dianne M. Covington Notary Public, Georgia, State at Large. My Commission Expires Feb. 19, 1978. (Seal). Approved March 25, 1976. NEWTON COUNTY BOARD OF COMMISSIONERSDISTRICTS CHANGED, ETC.REFERENDUM. No. 1135 (House Bill No. 2042). An Act to amend an Act creating a Board of Commissioners for Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3022), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3479), so as to change the commissioner districts; to provide for the election of members of the board by the electors of the member's district only; to terminate existing terms of the members of the board of commissioners; to provide for the election of the members of the board of commissioners at the 1976 general election; to provide for terms of office; to renumber and reorganize certain provisions of said Act; to provide a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Board of Commissioners for Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3022), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3479), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof the following: Article 1. Board of Commissioners

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Section 1-101. There is hereby created the Board of Commissioners of Newton County to be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the board of commissioners, Newton County shall be divided into five commissioner districts as follows: District 1 Covington CCD 5 ED 10, that portion south of the Georgia Railroad line which runs northeast out of the city of Covington and crosses the Alcovy River at the intersection of Alcovy Road and Hamby Lane. Ed 13, that portion south of Georgia Highway 81 Mansfield CCD 10 Yellow River CCD 20 District 2 Porterdale CCD 15, except ED 14 District 3 Covington CCD 5 ED 1 ED 10, that portion not included in District 1 ED's 11 and 12 ED 13, that portion not included in District 1 Porterdale CCD 15 ED 14 District 4 Covington CCD ED's 3, 4, 5 and 6 District 5 Covington CCD 5 ED's 2, 7, 8 and 9 For the purposes of this section, the designation `CCD' shall mean `Census County Division'; and the designation `ED' shall mean `Enumeration District'. The terms `Census County Division' and `Enumeration District' shall have the same meaning and describe the same geographical boundaries

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as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. Section 2 . Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof the following: Section 1-102. There shall be elected to the Board of Commissioners of Newton County one member from each of the commissioner districts who shall be elected by the qualified voters of the commissioner district which he represents only. Candidates shall offer for election to the board from the commissioner district in which their legal residence lies. Section 3 . Said Act is further amended by striking section 4 in its entirety and adding following section 1-102, the following: Section 1-103. The terms of office of the members of the Board of Commissioners of Newton County in office on December 31, 1976, shall expire on January 1, 1977. At the 1976 general election, members of the board from all five commissioner districts shall be elected. The members elected at said election from commissioner districts 2 and 4 shall take office on January 1, 1977, and shall serve terms of two years and until their successors are elected and qualified. The members elected at said election from commissioner districts 1, 3 and 5 shall take office on January 1, 1977, and shall serve four-year terms and until their successors are elected and qualified. Thereafter, members who are elected to succeed members of the Board of Commissioners of Newton County, as provided for herein, shall be elected at the general election which is conducted in that year in which the members' respective terms of office expire, shall take office on the first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified. Terms. Section 4 . Not less than 5 nor more than 15 days after the date of the approval of this Act by the Governor, or

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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 of Newton 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 Newton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the commissioner districts of the Board of Commissioners of Newton County, providing for the election of members of the board by the electors of the member's commissioner district only, terminating the existing terms of the members of the board, and providing for the election of the members of the board at the 1976 general election, 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 in accordance with the provisions of section 5, 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 5 . Section 4 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. Subject to the approval of this Act as provided in section 4, sections 1, 2, and 3 of this Act shall become effective on January 1, 1977, except that the provisions of sections 1, 2 and 3 necessary for the election of the members of the Board of Commissioners of

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Newton County at the 1976 general election shall become effective upon approval of this Act as provided in section 4. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. There will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioner for Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, so as to change the commissioner districts; to provide the procedure for the election of members of the board; to terminate existing terms of the members of the board and provide for the election of members of the board at the 1976 general election; to change the compensation of the members of the board of commissioners; to provide for other matters relative to the foregoing; to provide for a referendum, to repeal conflicting laws; and for other purposes. This 26th day of Dec., 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: December 30, 1975 and January 8, 15, 1976. /s/ Bobby Sigman Representative, 74th District

Page 3407

Sworn to and subscribed before me, this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 25, 1976. METROPOLITAN ATLANTA RAPID TRANSIT SYSTEM ACT AMENDEDELECTION OF SECRETARY AND TREASURER PROVIDED. No. 1171 (House Bill No. 1584). An Act to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), so as to provide for the election of a secretary and a treasurer of the Board of Directors of the Authority from the membership of the Board; to provide for terms of office; to prohibit a member of the Board from holding more than one Board office at any one time; to provide 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 Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act

Page 3408

approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), and an Act approved March 21, 1974, (Ga. L. 1974, p. 2627), is hereby amended by adding at the end of section 6(g), the following: The Board shall also elect from its membership a secretary and a treasurer who shall serve terms expiring on December 31 of each year. A member of the Board may hold only one office on the Board at any one time., so that when so amended, section 6(g) shall read as follows: (g) The Board shall elect one of its members as chairman and another as vice-chairman for terms to expire on December 31 of each year to preside at meetings and perform such other duties as the Board may prescribe. The presiding officer of the Board may continue to vote as any other member, notwithstanding his duties as presiding officer, if he so desires. The Board shall also elect from its membership a secretary and a treasurer who shall serve terms expiring on December 31 of each year. A member of the Board may hold only one office on the Board at any one time. Secretary and treasurer. Section 2 . Said Act is further amended by striking from section 6(j), the following: , a secretary, a treasurer,, so that when so amended, section 6(j) shall read as follows: (j) The Board shall appoint and employ, as needed, a general manager and a general counsel, none of whom may be members of the Board or a relative of a member of the Board, and delegate to them such authority as it may deem appropriate. It may make such bylaws or rules and regulations as it may deem appropriate for its own government, not inconsistent with this Act, including the establishment of an Executive Committee to exercise such authority as its bylaws may prescribe.

Page 3409

Section 3 . Said Act is further amended by striking from section 6(k), the following: such other officers and employees of the Authority and such members of the Board, and substituting in lieu thereof, the following: such other members of the Board and such other officers and employees of the Authority, so that when so amended, section 6(k) shall read as follows: (k) The treasurer of the Authority and such other members of the Board and such other officers and employees of the Authority as the Board may determine shall execute corporate surety bonds, conditioned upon the faithful performance of their respective duties. A blanket form surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure or closing of any depository which has been approved as a depository for public funds. Bonds. Section 4 . The initial secretary and the initial treasurer of the Board elected in accordance with the provisions of section 6(g) of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended by this Act, shall be elected within sixty days of the effective date of this Act to terms expiring December 31, 1976. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta

Page 3410

Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Daily which is the official organ of Clayton County, on the following dates: January 6, 13, 20, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10,

Page 3411

1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District

Page 3412

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 9, 16, 23, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 23rd day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the

Page 3413

58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 8, 15, 22, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 22nd day of January, 1976. /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 1976 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 15th day of December, 1975. Hugh Jordan Representative, 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3414

Home Weekly which is the official organ of Gwinnett County, on the following dates: January 7, 14, 21, 1976. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 21st day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF EAST POINTCHARTER AMENDEDPROVISIONS FOR DISMISSAL OF EMPLOYEES PROVIDED. No. 1175 (House Bill No. 1636). An Act to amend an Act establishing a new Charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), as amended, particularly an Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and by an Act approved April 9, 1973, (Ga. L. 1973, p. 2577, et seq.), and further amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.), so as to provide for a change in the method and manner of dismissing employees in the interest of economy in the City of East Point; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a new Charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), as amended,

Page 3415

and particularly by an Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and an Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.), is hereby further amended as follows: Section 2 . By striking section 60, as amended in section 12 of that amendatory act approved March 21, 1974 (Ga. L. 1974, p. 2504, et seq.) in its entirety and inserting in lieu thereof a new section 60, to read as follows: Sections 60. SameIn the interest of economy . A bona fide effort by the city council or the city manager to economize shall be sufficient cause for removing or discharging anyone from the service of said city who shall have been employed or appointed to serve during good behavior and efficient service; provided, that when positions so vacated are refilled by the persons removed therefrom, if still available and able to efficiently perform the duties of such positions, shall, except as provided elsewhere in this charter, be first entitled to be restored to such positions; provided, further, that a reduction in personnel for economy shall begin, except as provided elsewhere in this charter, with the youngest officers or employees, by position title, in their respective departments in point of service, retaining the older employees according to seniority in point of service by position. Section 3. General Repealer . All laws or parts of laws in conflict herewith are hereby repealed. Section 4. Effective Date . Upon this Act being approved by the Governor of the State of Georgia, this law shall become of full force and effect. Notice of Intention to Apply for Legislation. Notice is hereby given that the City of East Point, Georgia intends to apply for the passage of local legislation in the 1976 regular session of the General Assembly of Georgia, which convenes in January 1976. The title of the Bill or Bills

Page 3416

to be introduced shall be entitled as follows: An Act to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof, and especially the act approved March 9, 1972, (Ga. L. 1972, p. 2151, et seq.), and as amended; and for other purposes. This 8th day of January, 1976. City of East Point By: George N. Sparrow, Jr. City Attorney Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20, 27 days of January, 1976. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 27 day of January, 1976. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved March 31, 1976.

Page 3417

CITY OF EAST POINTCHARTER AMENDEDMAYOR AND COUNCILFUNCTIONS CHANGED, ETC. No. 1176 (House Bill No. 1637). An Act to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, Et Seq.), as amended, particularly an Act approved March 9, 1972 (Ga. L. 1972, p. 2151, Et Seq.), and by an Act approved April 9, 1973 (Ga. L. 1973, p. 2577, Et Seq.), and further amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 2497, Et Seq.), so as to provide for a change in the functions and duties of the Mayor and Council of the City of East Point and of the City Manager with respect to the administration of hiring and/or disciplinary action of employees of the City of East Point; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a new Charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), as amended, and particularly by an Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and an Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.), is hereby further amended as follows. Section 2 . By striking section 47, as amended in section 10 of that amendatory Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) in its entirety and inserting in lieu thereof a new section 47, to read as follows: Section 47. Hiring of Employees . Hiring of employees to either the classified or unclassified division of employment shall be done on a non-discriminatory basis. In hiring for positions other than heads of departments, the City Manager shall cause to be selected or directly select and

Page 3418

appoint the individuals who he, in his discretion, considers to be best qualified for such office or position. The City Manager shall, before taking final action to appoint a person to a position of department head, either as classified or unclassified, review with the Mayor and City Council his choice of the applicants for the position and the reasons for his choice. The City manager's final choice of department head shall be subject to confirmation by the City Council. If no action is taken by the City Council within a thirty (30) day period after notification by the City Manager of the proposed appointment, the appointment is automatically confirmed by the City Council. Section 3 . By striking section 56, as amended in section 11 of the amendatory Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) in its entirety and inserting in lieu thereof a new section 56 to read as follows: Section 56. Appeals from Disciplinary Action . Any classified officer or employee of said City disciplined or discharged pursuant to section 55 of this Chapter may appeal such disciplinary action or discharge to the Personnel Board of Appeals within five (5) days from the date of such disciplinary action or discharge by filing a written request for a hearing with the Personnel Director of the City. Section 4. General Repealer . All laws or parts of laws in conflict herewith are hereby repealed. Section 5. Effective Date . Upon this Act being approved by the Governor of the State of Georgia, this law shall become of full force and effect. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of East Point, Georgia intends to apply for the passage of local legislation in the 1976 regular session of the General Assembly of Georgia, which convenes in January 1976. The title of the Bill or Bills to be introduced shall be entitled as follows: An Act to amend an Act establishing a new charter for the City of East

Page 3419

Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof, and especially the act approved March 9, 1972, (Ga. L. 1972, p. 2151, et seq.), and as amended; and for other purposes. This 8th day of January, 1976. City of East Point By: George N. Sparrow, Jr. City Attorney Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20, 27 days of January, 1976. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 27 day of January, 1976. /s/ Frances K. Beck Notary Public, Georgia State at Large. My Commission Expires Jan. 11, 1980. (Seal). Approved March 31, 1976. TOWN OF POOLERNEW CHARTER. No. 1181 (House Bill No. 1700). An Act to create a new Charter for the Town of Pooler; to provide for the government of said Town and its corporate

Page 3420

powers; to provide for the governing authority of said Town 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 provide an effective date; to repeal specific Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CREATION, INCORPORATION, POWERS Section 1.10. Incorporation . This Act shall constiture a new Charter for Pooler (hereinafter at times referred to as the Town) repealing and replacing the Charter as provided by an Act approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 2530), an Act approved March 3, 1962 (Ga. L. 1962, p. 2704), an Act approved April 8, 1965 (Ga. L. 1965, p. 3399), an Act approved February 24, 1967 (Ga. L. 1967, p. 2034), an Act approved April 10, 1971 (Ga. L. 1971, p. 3508), an Act approved March 27, 1972 (Ga. L. 1972, p. 2953), an Act approved April 17, 1973 (Ga. L. 1973, p. 3415), an Act approved March 28, 1974 (Ga. L. 1974, p. 3809), and an Act approved April 25, 1975 (Ga. L. 1975, p. 4622). The Town of Pooler, Georgia, in the County of Chatham and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of Pooler, Georgia. Under that name, said Town shall continue to be vested with all the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. Section 1.11. Corporate Boundaries . (a) The corporate limits of Pooler, Georgia, shall include all that territory as

Page 3421

shown on a plat made by David C. Horne, Georgia Registered Surveyor No. 521, dated December, 1964, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book P, Folio 247, to which reference is hereby specifically made. (b) In addition to the corporate limits as shown on the above-mentioned plat, the corporate limits of the Town shall also include the following described tracts of land: All that certain tract of land, situate, lying and being in Chatham County, Georgia, described as follows: Beginning at a point of the intersection of the east city limits line of the Town of Pooler and the northern right-of-way line of the Central of Georgia Railway Company, extending thence northwardly along said eastern city limits line, a distance of two thousand twenty (2,020) feet, more or less, to a point; extending thence south seventy-four degrees, six minutes east (S 746[UNK]E) a distance of two hundred, ninety-five (295) feet, more or less, to a point; extending thence south seventeen degrees, fourteen minutes west (S 1714[UNK]W), a distance of four hundred thirty (430) feet, more or less, to a point; extending thence south seventy-four degrees, six minutes east (S 74 6[UNK]E) a distance of five hundred ninety-six (596) feet, more or less, to a point; extending thence south eighteen degrees, thirty minutes west (S 18 30[UNK]W), a distance of one thousand five hundred forty-eight (1,548) feet, more or less, to a point located on the northern right-of-way line of the Central of Georgia Railway line; extending thence north seventy-four degrees six minutes west (N 74 6[UNK]W) and along the northern right-of-way line of the Central of Georgia Railway Company, a distance of five hundred sixty-two (562) feet, more or less, to the point of beginning, and All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point where the right-of-way of U.S. Highway 80, also known as the Louisville Road, begins at the west city limits of the Town of Pooler, Georgia, and thence extending westwardly a distance of one thousand seven hundred (1,700) feet, more or less, by one hundred

Page 3422

twenty (120) feet, the width of the right-of-way of the said U.S. Highway 80 or Louisville Road. The above-described two tracts of land being more fully shown on a plat made by David C. Horne, Georgia Registered Surveyor No. 521, dated December, 1966, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Book R, Folio 160, marked on said map as parcel A and parcel B, respectively, to which specific reference is hereby specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the northerly right-of-way line of Oliver Stret and the westerly right-of-way line of Rogers Street, which point is also the northwest corner of the intersection of Oliver Street and Rogers Street, and which point or corner is the point of beginning; running thence north twenty-one degrees twenty minutes east (N 21 20[UNK]E) a distance of five hundred fourteen (514) feet along the westerly right-of-way line of Rogers Street to a point on the westerly right-of-way line of Rogers Street; running thence south seventy-two degrees thirty minutes east (S 72 30[UNK]E) a distance of four hundred fifty-three and seventenths (453.7) feet to a point; running thence south twenty-one degrees twenty minutes west (S 21 20[UNK]W) a distance of five hundred fourteen (514) feet to a point on the northerly right-of-way line of Oliver Street; running thence north seventy-two degrees thirty minutes west (N72 30[UNK]W) a distance of four hundred fifty-three and seven-tenths (453.7) feet along the northerly right-of-way line of Oliver Street to a point on the northerly right-of-way line of Oliver Street, which point is the point of intersection between the northerly right-of-way line of Oliver Street and the westerly right-of-way lien of Rogers Street, and is also the northwest corner of the intersection of Oliver Street and Rogers Street, which point or corner was the point of beginning. The above-described tract of land being more fully shown on a plat made by David C. Horne, Georgia Registered Surveyor

Page 3423

No. 521, dated February 5, 1971, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book U, Folio 220, marked on said map as Area to be annexed, and to which specific reference is hereby specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the northerly right-of-way line of Oliver Street and the westerly right-of-way line of Rogers Street, which point is also the northwest corner of the intersection of Oliver Street and Rogers Street, and which point or corner is the point of beginning; running thence north seventy-two degrees thirty minutes west (N 72 30[UNK]W) a distance of four hundred ten (410) feet along the northern right-of-way line of Oliver Street to a point on the northern right-of-way line of Oliver Street; running thence north twenty-one degrees twenty minutes east (N 21 20[UNK]E) a distance of five hundred thirty-one and two-hundredths (531.02) feet to a point; running thence south seventy-two degrees thirty minutes east (S 72 30[UNK]E) a distance of four hundred ten (410) feet to a point on the westerly right-of-way line of Rogers Street; running thence south twenty-one degrees twenty minutes west (S 21 20[UNK]W) a distance of five hundred thirty-one and two hundredths (531.02) feet along the westerly right-of-way line of Rogers Street to a point on the westerly right-of-way line of Rogers Street, which point is the point of intersection between the northerly right-of-way line of Oliver Street and the westerly right-of-way line of Rogers Street, and is also the northwest corner of the intersection of Oliver Street and Rogers Street, which point or corner was the point of beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay Bell, Consulting Engineers, dated February 15, 1972, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book V, Folio 176, and marked on said map as Area to be annexed, and to which specific reference is specifically made.

Page 3424

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 Oliver Street and the westerly right-of-way line of Rogers Street, which point is also the northwest corner of the intersection of Oliver Street and Rogers Street, and running thence north twenty-one degrees twenty minutes east (N 21 20[UNK]E) a distance of five hundred fourteen (514) feet along the westerly right-of-way line of Rogers Street to a point on the westerly right-of-way line of Rogers street, which point is the point of beginning; continuing thence north twenty-one degrees twenty minutes east (N 21 20[UNK]E) a distance of four hundred fourteen (414) feet along the westerly right-of-way line of Rogers Street to a point on the westerly right-of-way line of Rogers Street; running thence south seventy-two degrees forty-five minutes east (S 72 45[UNK]E) a distance of four hundred fifty-three and seventy-eight hundredths (453.78) feet to a point; running thence south twenty-one degrees twenty minutes west (S 21 20[UNK]W) a distance of four hundred fourteen (414) feet to a point; running thence north seventy-two degrees forty-six minutes west (N 72 46[UNK]W) a distance of four hundred fifty-three and seventy-eight hundredths (453.78) feet to a point on the westerly right-of-way line of Rogers Street, which point was the point of beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay Bell, Consulting Engineers, dated February 15, 1972, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book V, Folio 176, and marked on said map as Area to be annexed, and to which specific reference is specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the northerly right-of-way line of Olive Street and the easterly right-of-way line of Skinner Street, which point is also the northeast

Page 3425

corner of the intersection of Olive Street and Skinner Street and which point or corner is the point of beginning; running thence in a southerly direction along the easterly right-of-way line of Skinner Street, a distance of seven hundred (700) feet to a point on the easterly right-of-way line of Skinner Street; running thence in a westerly direction a distance of eight hundred fifty-eight (858) feet parallel to and equidistant from the northerly right-of-way line of Olive Street to a point; running thence in a northerly direction a distance of seven hundred (700) feet parallel to and equidistant from the easterly right-of-way line of Skinner Street to a point on the northerly right-of-way line of Olive Street; running thence in an easterly direction a distance of eight hundred fifty-eight (858) feet along the northerly right-of-way line of Olive Street to a point on the northerly right-of-way line of Olive Street, which point is the point of intersection between the northerly right-of-way line of Olive Street and the easterly right-of-way line of Skinner Street, and is also the northeast corner of the intersection of Olive Street and Skinner Street and which point or corner was the point of beginning. The above-described tracts of land being more fully shown on a plat made by Hussey, Gay Bell, Consulting Engineers, dated February 15, 1972, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book V, Folio 176, and marked on said map as Area to be annexed, and to which specific reference is specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the southerly right-of-way line of U.S. Highway No. 80 (Old Louisville Road) and the western limits of the Town of Pooler, which point is located on the southerly right-of-way line of U.S. Highway No. 80 (Old Louisville Road) and which point is the point of beginning; running thence south twenty-one degrees twenty-three minutes west (S 21 23[UNK]W) a distance of two hundred (200) feet along the Town of Pooler limits

Page 3426

to a point; running thence south sixty-eight degrees thirty-seven minutes east (S 68 37[UNK]E) a distance of seventy-five (75) feet along the Town of Pooler limits to a point; running thence south twenty-one degrees twenty-three minutes west (S 21 23[UNK]W) a distance of one hundred fifty-six (156) feet along the Town of Pooler limits to a point on the northern right-of-way line of the Central of Georgia Railway; running thence north seventy-three degrees twenty-eight minutes west (N 73 28[UNK]W) a distance of one thousand seven hundred sixty-one and three one hundredths (1761.03) feet along the northern right-of-way line of the Central of Georgia Railway to a point; running thence north sixteen degrees thirty-two minutes east (N 16 132[UNK]E) a distance of twenty-five and thirty-three one hundredths (25.33) feet to a point; running thence north seventy-three degrees twenty-eight minutes west (N 73 28[UNK]W) a distance of thirty-eight and five tenths (38.5) feet to a point; running thence north eleven degrees zero minutes east (N 1100[UNK]E) a distance of four hundred ninety-one and fifteen one hundredths (491.15) feet to a point on the southern right-of-way line of U.S. Highway No. 80 (Old Louisville Road); running thence south sixty-eight degrees thirty-seven minute east (S 68 37[UNK]E) a distanc of one thousand two hundred thirteen (1,213.00) feet along the southern right-of-way line of U.S. Highway No. 80 (Old Louisville Road) to a point; running thence south twenty-one degrees twenty-three minutes west (S. 21 23[UNK]W) a distance of eleven (11) feet to a point; running thence south sixty-eight degrees thirty-seven minutes east (S 68 37[UNK]E) a distance of five hundred thirty-eight (538) feet along the southern right-of-way line of U.S. Highway No. 80 (Old Louisville Road) to a point; running thence north twenty-one degrees twenty-three minutes west (S 21 23[UNK]W) a distance of eleven (11) feet to a point; running thence south sixty-eight degrees thirty-seven minutes east (S 68 37[UNK]E) a distance of forty-four (44) feet along the southern right-of-way line of U.S. Highway No. 80 (Old Louisville Road) to a point, which point or corner was the point of beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay Bell, Consulting Engineers,

Page 3427

Savannah, Georgia, dated February 19, 1973, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 175, and marked on said map as Parcels to be annexed for Town of Pooler, Ga., and to which specific reference is specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Commencing at the point of intersection of the northerly right-of-way line of U.S. Highway No. 80 and the western boundary line of property now or formerly of Joshua Dowd, which point is the point of beginning; running thence north seventy degrees forty-eight minutes west (N 70 48[UNK]W) a distance of one thousand five hundred ninety-five (1,595) feet along the northern right-of-way line of U.S. Highway No. 80 to a point; running thence north nineteen degrees twelve minutes east (N 19 12[UNK]E) a distance of one thousand twenty (1,020) feet to a point; running thence north sixty-six degrees nineteen minutes east (N 66 19[UNK]E) a distance of one thousand two hundred seventy-nine (1,279) feet to a point; running thence south seventy-three degrees zero minutes east (S 73 00[UNK]E) a distance of two thousand sixty-five (2,065) feet to a point; running thence south sixteen degrees sixteen minutes west (S 16 16[UNK]W) a distance of one thousand two hundred eighty-one and seventy-two one hundredths (1,281.72) feet along the present Town Limits to a point; running thence south fifty degrees eight minutes west (S 50 08[UNK]W) a distance of one hundred eighteen and eighty one hundredths (118.80) feet to a point; running thence north fifty-two degrees ten minutes west (N 52 10[UNK]W) a distance of six hundred eighty-one and seventy-eight one hundredths (681.78) feet to a point; running thence south seventy-five degrees sixteen minutes west (S 75 16[UNK]W) a distance of two hundred fifty-two and twelve one hundredths (252.12) feet to a point; running thence south twenty degrees thirty-three minutes east (S 20 33[UNK]E) a distance of eight hundred nineteen and seventy-two one hundredths (819.72) feet to a point; running thence south fifty degrees six minutes west (S 50 06[UNK]W) a distance of

Page 3428

forty-four and eighty-eight one hundredths (44.88) feet to a point on the southerly right-of-way line of U.S. Highway No. 80; running thence north seventy degrees forty-eight minutes west (N 70 48[UNK]W) a distance of five and twenty-eight one hundredths (5.28) feet along the southerly right-of-way line of U.S. Highway No. 80 to a point; running thence north twenty-two degrees thirty-two minutes west (N 22 32[UNK]W) a distance of one thousand five hundred seventy and eighty one hundredths (1,570.80) feet to a point; running thence south nineteen degrees twelve minutes west (S 19 12[UNK]W) a distance of one thousand one hundred sixty-two (1,162) feet to a point on the northern right-of-way line of U.S. Highway No. 80, which point was the point of beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay Bell, Consulting Engineers, Savannah, Georgia, dated February 19, 1973, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 176, and marked on said map as Areas to be annexed for the Town of Pooler, Georgia, and to which specific reference is specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the easterly right-of-way line of Sheftal Street and the southerly right-of-way line of Mell Street, which point is also the southeast corner of the intersection of Sheftal Street and Mell Street, and which point or corner is the point of beginning; running thence south seventy-two degrees zero minutes east (S 72 00[UNK]E) a distance of one thousand nine hundred seventy-six (1,976) feet, more or less, along the southern right-of-way line of Mell Street to its point of intersection with the westerly right-of-way line of Line Street; running thence south nineteen degrees zero minutes west (S 19 00[UNK]W) a distance of one thousand fifty (1,050) feet along the westerly right-of-way line of Line Street to a point; running thence north thirty-one degrees zero minutes west (N 31 00[UNK]W) a

Page 3429

distance of one hundred eighty-two (182) feet to a point; running thence north eighteen degrees zero minutes east (N 18 00[UNK]E) a distance of one hundred seventy-eight (178) feet to a point; running thence north seventy-two degrees zero minutes West (N 72 00[UNK]W) a distance of one thousand two hundred forty-five (1,245) feet, more or less, to a point on the westerly right-of-way line of Chestnut Street; running thence north forty-nine degrees thirty minutes west (N 49 30[UNK]W) a distance of five hundred seventy-five (575) feet, more or less, to the point of intersection between the easterly right-of-way line of Sheftal Street and the southerly right-of-way line of Park Street; running thence north eighteen degrees zero minutes east (N 18 00[UNK]E) a distance of six hundred twenty-five (625) feet, more or less, along the easterly right-of-way line of Sheftal Street to its point of intersection with the southerly right-of-way line of Mell Street, which point or corner was the point of beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay Bell, Consulting Engineers, Savannah, Georgia, dated February 19, 1973, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 177, and marked on said map as Parcels to be annexed for the Town of Pooler, Ga. and to which specific reference is specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the southerly right-of-way line of Pipemaker Canal and the easterly right-of-way line of Cemetery Road, which point is located on the easterly right-of-way line of Cemetery Road and is the point of beginning; running thence north eighty-three degrees thirty-nine minutes east (N 83 39[UNK]E) a distance of sixty-four and ninety-three one hundredths (64.93) feet to a point; running thence north sixty degrees forty-six minutes east (N 60 46[UNK]E) a distance of eight hundred fifty-five and twenty-four one hundredths (855.24) feet to a point; running thence north thirty-nine degrees forty-three

Page 3430

minutes east (N 39 43[UNK]E) a distance of seven hundred seventy-eight and sixty one hundredths (778.60) feet to a point; running thence north forty-six degrees forty-three minutes east (N 46 43[UNK]E) a distance of one hundred thirty-one and twenty-one one hundredths (131.21) feet to a point; running thence north fifty-six degrees forty-seven minutes east (N 56 47[UNK]E) a distance of sixty-four and ninety-six one hundredths (64.96) feet to a point; running thence north seventy-two degrees forty-two minutes east (N 72 42[UNK]E) a distance of eight hundred forty-two (842.00) feet to a point; running thence north sixty-three degrees six minutes thirty seconds east (N 63 06[UNK] 30[UNK]E) a distance of one thousand one hundred ten and fifteen one hundredths (1,110.15) feet to a point; running thence north sixty-three degrees eleven minutes thirty seconds east (N 63 11[UNK] 30[UNK]E) a distance of seven hundred two and fifty-nine one hundredths (702.59) feet to a point, which point is located at the intersection of Thompson Brothers property and the southerly right-of-way line of Pipemaker Canal; running thence south eighteen degrees twelve minutes thirty seconds west (S 18 12[UNK] 30[UNK]W) a distance of one thousand nine hundred and forty one hundredths (1,900.40) feet to an iron pipe Old P.O.L.; continuing thence south eighteen degrees twelve minutes thirty seconds west (S 18 12[UNK] 30[UNK]W) a distance of one thousand nine hundred nine and eighty-one one hundredths (1,909.81) feet to an iron pipe Old P.O.L.; continuing thence south eighteen degrees twelve minutes thirty seconds west (S 18 12[UNK] 30[UNK]W) a distance of two hundred thirty-three and ninety-five one hundredths (233.95) feet to a point; continuing thence south eighteen degrees twelve minutes thirty seconds west (S 18 12[UNK] 30[UNK]W) a distance of five hundred fifty-eight and ninety-eight one hundredths (558.98) feet to a point, which point is located on the southerly right-of-way line of Oliver Street; running thence north seventy-three degrees eleven minutes thirty seconds west (N 73 11[UNK] 30[UNK]W) a distance of one thousand seven hundred six and sixty-six one hundredths (1,706.66) feet along the southerly right-of-way line of Oliver Street to a point on the easterly right-of-way line of the Trinity Methodist Church of Pooler; running thence north twenty degrees twenty-five minutes thirty seconds east (N 20 25[UNK] 30[UNK]E) a

Page 3431

distance of sixty (60) feet, more or less, along the eastern boundary line of the property of Trinity Methodist Church of Pooler (western right-of-way line of Newton Street) to a point; running thence north sixty-eight degrees forty-one minutes thirty seconds west (N 68 41[UNK] 30[UNK]W) a distance of five hundred twenty and eighty-five one hundredths (520.85) feet along the northern boundary line of the property of Trinity Methodist Church of Pooler to a point on the easterly right-of-way line of Cemetery Road; running thence north ten degrees thirty-four minutes west (N 10 34[UNK]W) a distance of one thousand seventy-four and seventeen one hundredths (1,074.17) feet to a point; running thence north twenty-two degrees nineteen minutes west (N 22 19[UNK]W) a distance of three hundred eighty-one and thirty-seven one hundredths (381.37) feet to a point, which point is located at the intersection of the southerly right-of-way line of Pipemaker Canal and the easterly right-of-way line of Cemetery Road and which point was the point of beginning. The above-described tract of land being more fully shown on a plat made by Leigh Gignilliat showing portions of Symons First and Second Additions, Town of Pooler, 8th G.M. District, Chatham County, Georgia, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 178, and to which specific reference is specifically made. All that tract of land in Chatham County, State of Georgia, in the 8th G.M. District, and being more particularly described as follows: Beginning at a point on the north side of the right-of-way of the Pipemaker Canal where property herein described joins the property of A. D. Kent, and running thence along the line of A. D. Kent and W. S. Godley, north eighteen and one-half degrees east (N 18 1/2E), seventeen hundred ninety-eight (1,798) feet; running thence along the lines of W. S. Godley south seventy-five and one-fourth degrees east (S 75 1/4 E), two thousand five hundred thirty (2,530) feet; running thence north nineteen and one-half degrees east (N 19 1/2E), five hundred forty-nine and five tenths (549.5) feet; running thence along the

Page 3432

lines formerly of George Fryhofer south seventy-three and one-half degrees east (S 73 1/2 E), sixteen hundred and sixty-five (1,665) feet; running thence south seventeen degrees and fifty-five minutes west (S 17 55[UNK]W), two thousand thirty-two and eight tenths (2,032.8) feet; running thence along the line now or formerly of Dotson, north fifty-three degrees west (N 53W) three hundred sixty-nine and six tenths (369.6) feet; running thence south fifty-three degrees west (S 53W) sixteen hundred fifty-nine (1,659) feet; running thence north thirty-seven degrees west (N 37W) eleven hundred thirty (1,130) feet to the north side of the right-of-way of the Pipemaker Canal; running thence along the north side of said Canal in a northwesterly direction to the point of beginning; said tract containing two hundred ten and fourteen one hundredths (210.14) acres, more or less, according to a survey made by Robert D. Gignilliat, C. E., said map dated April 27, 1926, being of record in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Map Book No. 2, Folio 148, with the lands described herein being shown within the red lines on said map and being the same lands conveyed by S. H. Oliver to B. H. Barrow in a Deed of Record of the aforesaid Clerk's Office in Book of Deed 21-U's, Folio 69; this being the same property conveyed to A. D. Kent on May 12, 1928, by John J. Bouhan by Warranty Deed of Record in the aforesaid Clerk's Office in Book of Deeds 24-G's, Folio 333, to which reference is hereby made for better determining the metes, bounds and dimensions of the property herein described; saving and excepting, however, the following: All that certain tract or parcel of land situate, lying and being in the 8th G.M. District of Chatham County, Georgia, and more particularly shown on a map or plat prepared by Sewell Associates, Savannah, Georgia, on March 29, 1962, which map or plat is recorded in the Clerk's Office of the Superior Court of Chatham County, Georgia, in Plat Record Book N, Folio 121, and being described as follows: Beginning at a concrete marker one hundred eighty and ninety-eight one hundredths (180.98) feet south fifty-five degrees seventeen minutes west (S 55 17[UNK]W) from the westerly boundary of Travis Field, the distance being measured from

Page 3433

a point marking the intersection of the northeasterly corner of the lands of T. H. Dotson with said westerly boundary of Travis Field, which marker is the point or place of beginning; running thence south fifty-five degrees seventeen minutes west (S 55 17[UNK]W) a distance of one thousand four hundred seven and twelve one hundredths (1407.12) feet to a concrete monument; running thence north thirty-seven degrees west (N 37W) a distance of eight hundred seventy-eight and six tenths (878.6) feet to a concrete marker; running thence north two degrees nine minutes west (N 02 9[UNK]W) a distance of one hundred forty-five and seventy-seven one hundredths (145.77) feet to a point; running thence north twenty-nine degrees six minutes west (N 29 06[UNK]W) a distance of one hundred nineteen and thirty-one one hundredths (119.31) feet to a point; running thence north forty-seven degrees eleven minutes west (N 47 11[UNK]W) a distance of one hundred forty-three and ten one hundredths (143.10) feet to a concrete marker; running thence south eighty-two degrees twenty-four minutes east (S 82 24[UNK]E) a distance of eighteen hundred seventy and sixty-two one hundredths (1,870.62) feet to the concrete monument marker referred to as the place of beginning; said tract containing twenty and seventy-seven one hundredths (20.77) acres, more or less, and as a whole being bounded as follows: Northerly by remaining lands of Alfred Duncan Kent; southeasterly by lands of T. H. Dotson; and westerly by the Barrow Tract and Pipemaker Canal, the property herein described being a portion of the lands conveyed by John J. Bouhan to A. D. Kent by Warranty Deed dated May 12, 1928, and recorded in the Clerk's Office of the Superior Court of Chatham County, Georgia, in Book of Deeds 241G's, Folio 333. All that certain tract or parcel of land situate in Chatham County, Georgia, and in the 8th G.M. District, and more particularly described as follows: Beginning at a point on the north side of the Pipemaker Canal at a point where the road from Pooler intersects the said Canal, the same point being a corner between the lands herein described and the lands formerly of D. C. Newton, and running thence along the line formerly of D. C. Newton north twenty-five degrees west (N 25W) one thousand seven hundred sixty-seven and

Page 3434

three tenths (1,767.3) feet to a corner; running thence north seven degrees ten minutes west (N 07 10[UNK]W) two thousand six hundred seventy-five and five tenths (2,675.5) feet to a corner; running thence along the lines of the property belonging to W. S. Godley as follows: south eighty-four degrees east (S 84E) three thousand one hundred fifty-five (3,155) feet; running thence north fifty-eight degrees twenty-eight minutes east (N 58 28[UNK]E) twenty-five hundred fifty and two tenths (2,550.2) feet; running thence south twenty degrees eighteen minutes west (S 20 18[UNK]W) sixteen hundred thirty-six and eight tenths (1,636.8) feet; running thence south seventy-two and one-half degrees east (S 72 E) twenty-four hundred eighty-six and six tenths (2,486.6) feet; running thence along the lines of the tract formerly owned by B. H. Barrow, but now owned by A. D. Kent, south eighteen and one-half degrees west (S 18 W) five hundred (500) feet to the north side of the right-of-way of the Pipemaker Canal; running thence along the north side of the right-of-way of said Canal in a westerly direction to the point of beginning; said tract containing three hundred seventy-two and forty-one one hundredths (372.41) acres, more or less, according to a survey made by Robert D. Gignilliat, Civil Engineer; said map being dated April 27, 1926, and being of record in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Map Book 2, Folio 19; express reference is hereby made to the aforesaid map and to the Deed from S. H. Oliver to A. D. Kent dated May 12, 1926, of record in the aforesaid Clerk's Office in Book of Deeds 21-S's, Folio 151, for better determining the metes, bounds and dimensions of the property herein described. All that certain tract or parcel of land situate, lying and being in the 8th G. M. District of Chatham County, Georgia, and being more particularly shown on a map or plat prepared by Sewell Associates, Savannah, Georgia, on March 29, 1962, which map or plat is recorded in the aforesaid Clerk's Office in Plat Book N, Folio 121, and being described as follows: Beginning at a point on the northeasterly edge of the Old S A Railroad (which right-of-way is now abandoned), north forty-five degrees west (N 45 W) one

Page 3435

thousand thirty-eight and seven tenths (1,038.7) feet to a point; thence north seventy-four degrees west (N 74 W) seven hundred forty-seven and eighty-five one hundredths (747.85) feet to a corner; thence north twenty-three degrees thirty minutes east (N 23 30[UNK]E) four hundred eleven and eight one hundredths (411.08) feet to a corner; thence south seventy-four degrees east (S 74E) one thousand six hundred thirty-one and fifty-seven one hundredths (1,631.57) feet to a corner; thence south eighteen degrees west (S 18W) nine hundred ten and eleven one hundredths (910.11) feet to the point of beginning containing twenty and seventy-seven one hundredths (20.77) acres, more or less, and being the same property conveyed to Alfred Duncan Kent by the Mayor and Aldermen of the City of Savannah acting by and through the Savannah Airport Commission on April 27, 1962, reference being hereby made to the aforesaid plat and deed for better determining the metes, bounds and dimensions of the property herein described. All that certain portion of the right-of-way of the Pipemaker Canal lying east of the easterly right-of-way line of Cemetery Road; said right-of-way being eighty (80) feet in width and it being the intent to include within said corporate limits all of the right-of-way of the Pipemaker Canal that is contiguous to and that separates any portion of the property described in this bill. Any portion of the right-of-way of the Pipemaker Canal that is bounded by the property described herein only on one side shall be excluded from the town limits of the Town of Pooler. Only that portion of the Pipemaker Canal that is bounded on both sides by the property described in this bill shall be included in the corporate limits of the Town of Pooler. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the northerly right-of-way line of U.S. Highway No. 80 and a line having a bearing of north 02 39[UNK] west, which point of intersection is located on the northerly right-of-way line of U.S. Highway No. 80 and which point is the point of beginning; running thence north 02 39[UNK] west a distance of 1,010 feet to a point; continuing

Page 3436

thence north 89 41[UNK] east a distance of 817 feet, more or less, to a point; continuing thence north 08 10[UNK] west a distance of 1,076.6 feet to a point; continuing thence north 80 52[UNK] east a distance of 1,606.0 feet to a point; continuing thence south 03 52[UNK] west a distance of 510.5 feet to a point; continuing thence north 70 22[UNK] east a distance of 1,313.1 feet to a point; continuing thence south 19 55[UNK] east a distance of 329.2 feet to a point; continuing thence north 69 31[UNK] east a distance of 446 feet to a point; continuing thence south 23 51[UNK] east a distance of 767.4 feet to a point; continuing thence south 22 04[UNK] east a distance of 1,212.6 feet to a point; continuing thence south 67 52[UNK] west along the corporate limits of the Town of Pooler a distance of 1,291.6 feet to a point; continuing thence south 67 38[UNK] west a distance of 1,330.9 feet to a point; continuing thence south 19 20[UNK] east a distance of 152.22 feet to a point; continuing thence north 69 58[UNK] west along the northern right-of-way line of U.S. Highway No. 80 a distance of 446.1 feet to a point; continuing thence north 47 23[UNK] east a distance of 264.75 feet to a point; continuing thence north 41 23[UNK] west a distance of 1,288 feet, more or less, to a point; continuing thence south 20 02[UNK] west a distance of 850 feet, more or less, to a point; continuing thence north 69 58[UNK] west along the northern right-of-way line of U.S. Highway No. 80 a distance of 1,032 feet to a point and which point is the point of beginning. The above-described tract of land being more fully shown on a plat made by Stuckey Kimmer, Inc., Savannah, Georgia, dated February 6, 1974, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book X, Folio 139, and marked on said map as Area to be annexed and to which specific reference is specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Commencing at the point of intersection of the northerly right-of-way line of U.S. Highway No. 80 and the western boundary line of the corporate limits of the Town of Pooler, which point is the point of beginning; continuing thence south 11 52[UNK] 30[UNK]

Page 3437

west a distance of 622 feet, more or less, to a point; continuing thence south 70 20[UNK] 10[UNK] east a distance of 38.5 feet to a point; continuing thence south 19 39[UNK] 50[UNK] west a distances of 200 feet to a point; continuing thence north 70 20[UNK] 10[UNK] west a distance of 2,300 feet, more or less, to a point; continuing thence north 22 31[UNK] 30[UNK] east a distance of 919 feet, more or less, to a point; continuing thence south 67 31[UNK] 30[UNK] east along the northerly right-of-way line of U.S. Highway No. 80 a distance of 2,130 feet, more or less, to a point and which point is the point of beginning. The above-described tract of land being more fully shown on a plat made by Stuckey Kimmer, Inc., Savannah, Georgia, dated February 6, 1974, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book X, Folio 139, and marked on said map as Area to be annexed and to which specific reference is specifically made. The area shown as Shearouse Properties is an industrial and manufacturing area and industrial and manufacturing establishments located therein may continue to operate, rebuild if destroyed, can expand within this area and can continue to use water and sewerage facilities located in said area. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the northerly right-of-way line of U.S. Highway No. 80 and a line having a bearing of north 02 39[UNK] west, which point of intersection is located on the northerly right-of-way line of U.S. Highway No. 80 and which point is the point of beginning; running thence north 02 39[UNK] west a distance of 1,010 feet to a point; continuing thence north 89 41[UNK] east a distance of 817 feet, more or less, to a point; continuing thence north 08 10[UNK] west a distance of 1,076.6 feet to a point; continuing thence north 80 52[UNK] east a distance of 1,606.0 feet to a point; continuing thence south 03 52[UNK] west a distance of 510.5 feet to a point; continuing thence north 70 22[UNK] east a distance of 1,313.1 feet to a point; continuing thence south 19 55[UNK] east a distance of 329.2 feet to a point; continuing thence north 69 31[UNK] east a distance of 446 feet to a point; continuing thence south 23 51[UNK] east a distance of 767.4 to a point;

Page 3438

continuing thence south 22 04[UNK] east a distance of 1,212.6 feet to a point; continuing thence south 67 52[UNK] west along the corporate limits of the Town of Pooler a distance of 1,291.6 feet to a point; continuing thence south 67 38[UNK] west a distance of 1,330.9 feet to a point; continuing thence south 19 20[UNK] east a distance of 152.22 feet to a point; continuing thence north 69 58[UNK] west along the northern right-of-way line of U.S. Highway No. 80 a distance of 446.1 feet to a point; continuing thence north 47 23[UNK] east a distance of 264.75 feet to a point; continuing thence north 41 23[UNK] west a distance of 1,288 feet, more or less, to a point; continuing thence south 20 02[UNK] west a distance of 850 feet, more or less, to a point; continuing thence north 69 58[UNK] west along the northern right-of-way line of U.S. Highway No. 80 a distance of 1,032 feet to a point and which point is the point of beginning. The above-described tract of land being more fully shown on a plat made by Stuckey Kimmer, Inc., Savannah, Georgia, dated February 6, 1974, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book X, Folio 139, and marked on said map as Area to be annexed and to which specific reference is specifically made. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Commencing at the point of intersection of the northerly right-of-way line of U.S. Highway No. 80 and the western boundary line of the corporate limits of the Town of Pooler, which point is the point of beginning; continuing thence south 11 52[UNK] 30[UNK] west a distance of 622 feet, more or less, to a point; continuing thence south 70 20[UNK] 10[UNK] east a distance of 38.5 feet to a point; continuing thence south 19 39[UNK] 50[UNK] west a distance of 200 feet to a point; continuing thence north 70 20[UNK] 10[UNK] west a distance of 2,300 feet, more or less, to a point; continuing thence north 22 31[UNK] 30[UNK] east a distance of 919 feet, more or less, to a point; continuing thence south 67 37[UNK] 30[UNK] east along the northerly right-of-way line of U.S. Highway No. 80 a distance of 2,130 feet, more or less, to a point and which point is the point of beginning.

Page 3439

The above-described tract of land being more fully shown on a plat made by Stuckey Kimmer, Inc., Savannah, Georgia, dated February 6, 1974, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book X, Folio 139, and marked on said map as Area to be annexed and to which specific reference is specifically made. The area shown as Shearouse Properties is an industrial and manufacturing area and industrial and manufacturing establishments located therein may continue to operate, rebuild if destroyed, can expand within this area and can continue to use water and sewerage facilities located in said area. 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 71 44[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 08 30[UNK] west a distance of 940 feet to a 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

Page 3440

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 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 No. 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

Page 3441

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 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 Coastline 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 Coastline Railroad a distance of 2,748.43 feet to a point; continuing thence along the northerly right-of-way line of the Seaboard Coastline 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 No. 80, which point is the point of intersection between the southerly right-of-way line of U.S. Highway No. 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 No. 80; in a southerly direction by Pine Barren

Page 3442

Road and Seaboard Coastline 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. All that certain tract of land lying and being in Chatham County, Georgia, described as follows: Commencing at the point of intersection of the north right-of-way line of Salter Street with the east right-of-way line of North Skinner Street; thence northerly along the east right-of-way line of North Skinner Street north 18 00[UNK] east a distance of 285 feet to the point of intersection with the corporate limits of the Town of Pooler, which point is also the point of beginning; thence continuing along said right-of-way line north 18 00[UNK] east a distance of 723.0 feet to a point; thence easterly S 72 00[UNK] east a distance of 362.3 feet to a point; thence southerly south 18 00[UNK] west a distance of 723.0 feet to an iron pin which point falls on the corporate limits of the Town of Pooler; thence westerly north 72 00[UNK] west a distance of 362.3 feet along the corporate limits of the Town of Pooler to the point of beginning. The above-described parcel is more fully shown on plat by H. M. Garmany dated August 13, 1959, recorded in Plat Record Book D, P. 76, Titled a Plat of 6.01 Acre Tract Near Town of Pooler, Chatham County, Georgia. Section 1.12. Powers Defined . (a) The government of Pooler 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 3443

(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 Town 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 rights, power, privilege or authority, shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth. (e) The corporate powers of the government of Pooler, to be exercised by the Mayor and Aldermen, shall, without limiting the foregoing, include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on property as provided herein; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the Town, to authorize the expenditure of money

Page 3444

for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the Town; (4) 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; (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 Town; (6) 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; (7) 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 Mayor and Aldermen, 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 disposals, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty (20) years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service

Page 3445

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 Town; (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 Town; 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 owners of real property 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; and to license the construction and erection of buildings and all other structures;

Page 3446

(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 Town 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 Town; (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;

Page 3447

(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, thin, 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 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; (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 is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the Town 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 Town and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;

Page 3448

(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 Town 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 Town; or to provide for commitment of such persons to the Town Jail or any county correctional institution or jail by agreement with the appropriate county officials; (33) To adopt ordinances and regulations for the prevention of disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the 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 Mayor and Aldermen to be detrimental and offensive to the peace and good order of the Town or to the welfare of the citizens thereof; (34) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of any ordinance enacted hereunder; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the Town; (36) To regulate and license vehicles operated for hire in the Town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed

Page 3449

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 Town; (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 Town, 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 Town and the inhabitants thereof, and for preserving the health, peace, order and good government of the Town; (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 Town, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the Town.

Page 3450

(45) To require the removal of electric and telephone poles when they interfere with the traffic on the street or the convenience of the public; (46) To establish, and regulate a market, and to prescribe the time of holding the same; (47) To regulate the keeping of gun powder and other combustibles; (48) To provide in or near said Town, a place for the burial of the dead, and to regulate interments therein; (49) Except as otherwise provided by general laws of this State, to regulate all vehicles of every kind or character used in the Town for private transportation of passengers, freights or both, to provide for the inspection of same and to fix the rates of fares and carriage thereon; (50) To prohibit the renting or keeping of any house as a bawdyhouse, disorderly house or house of ill fame, and to prescribe penalties for a violation of said prohibition; (51) To have the power and authority to adopt a code of ordinances and to amend and repeal the same, or any part thereof. Section 1.13. 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 1.14. Exercise of Powers . All powers, functions, rights, privileges, and immunities of the Town, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges, and immunities

Page 3451

shall be carried into execution as provided by ordinance of the Mayor and Aldermen 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 Town not inconsistent with this Charter, are hereby declared valid and of full effect and force until amended or repealed by the Mayor and Aldermen. ARTICLE II. LEGISLATIVE BRANCH Chapter 1. Governing Body Section 2.10. Creation; Composition; Number; Election . The legislative authority of the government of Pooler except as otherwise specifically provided in this Charter, shall be vested in a Town Aldermanic Board to be composed of a Mayor and five (5) Aldermen. The Mayor, Aldermen and Recorder 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 Aldermanic Board and the Recorder 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, Recorder or Alderman unless he is registered and qualified to vote in municipal elections of Pooler; 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, Alderman or Recorder 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, any Alderman or Recorder shall forfeit his office if he: (1) lacks at any

Page 3452

time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of VacanciesA vacancy in the office of Mayor, Alderman or Recorder shall be filed for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Expenses and Salaries . The Mayor, Alderman and Recorder shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. In addition, the Recorder shall be paid a salary not to exceed $400.00 per annum, to be fixed by the Town Aldermanic Board by annual ordinance. The Mayor shall be paid a salary not to exceed $600.00 per annum. Each of the Aldermen shall be paid $300.00 per annum. Section 2.14. Prohibitions . (a) Holding Other OfficeExcept as authorized by law, no member of the Aldermanic Board shall hold any other elective Town office or Town employment during the term for which he was elected. (b) Voting When Personally InterestedNeither the Mayor nor any other member of the Aldermanic Board shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations . The Aldermanic Board may make inquiries and investigations into the affairs of the Town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Aldermanic Board shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Aldermanic Board . (a) Except as otherwise provided by law or by this charter, the Aldermanic Board shall be vested with

Page 3453

all the powers of government of Pooler as provided by Article I. (b) In addition to all other powers conferred upon it by law, the Aldermanic Board 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, when 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 Pooler and may enforce such ordinances by imposing penalties for violation thereof. (c) The Aldermanic Board may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments of the Town and may assign additional functions. Section 2.17. Recorder . The Recorder of said Town shall discharge all of the duties imposed upon him by the charter and the ordinances of said Town. He shall, as Recorder, be Clerk of the Aldermanic Board, keeper of the records of said Town, and shall be Clerk of the Recorder's Court, and shall issue all processes of said Court. For the willful neglect of duty or abuse of any of the powers conferred to him, he may, upon hearing, be removed by the majority of the Mayor and Aldermen. Should any criminal charge be brought against him, he may be, at the discretion of the Mayor and Aldermen, suspended from office, and upon conviction shall be removed from office. Pending such suspension and upon removal, the Mayor and Aldermen shall have power to appoint some person to discharge the duties of his office. Chapter 2. Organization and Procedures . Section 2.20. Organization . (a) On the first Tuesday in February after any election, or as soon thereafter as practical, the Aldermanic Board shall hold a special meeting at which the oath of office shall be administered to the Mayor and Recorder as follows:

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I do solemnly swear (or affirm) that I will well and truly perform the duties of (Mayor or Alderman, as the case may be) of the Town to the best of my skill and ability, without favor or affection, so help me God. A like oath shall be subscribed by the Recorder and by the Town Marshal, upon their election, before the Mayor, who is hereby clothed with authority to administer said oath. (b) The Aldermanic Board shall meet for organization at its first regular meeting next following each regular Town election. The Aldermanic Board by majority vote of all the members thereof and the Mayor 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. Section 2.21. Meetings . (a) The Aldermanic Board shall hold regular meetings at such times and places as prescribed by ordinance. The Aldermanic Board 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) All meetings of the Aldermanic Board shall be public, except where otherwise provided by law. Section 2.22. Rules of Procedure . The Aldermanic Board 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 (3) or four (4) Aldermen shall constitute a quorum and shall be authorized to transact business of the Aldermanic Board. 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 Aldermanic Board 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,

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resolution or motion. The Mayor may vote in the event of a tie vote. Section 2.24. Action Requiring an Ordinance . (a) Except as herein provided, every official action of the Aldermanic Board 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 Aldermanic Board of Pooler hereby ordains..... (b) An ordinance may be introduced by any member of the Aldermanic Board and read at a regular or special meeting of the Aldermanic Board. Ordinances shall be considered and adopted or rejected by the Aldermanic Board in accordance with the rules which it shall establish; provided, however, ordinances shall not be adopted until the next regular meeting of the Aldermanic Board 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 Aldermen present. The REcorder shall read the heading of the ordinance, shall distribute a copy to the Mayor, and shall file a copy in the office of the Recorder. Section 2.25. Codes of Technical Regulations . (a) The Aldermanic Board may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of section 2.24 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted copy 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 Recorder for distribution or for purchase at a reasonable price.

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ARTICLE III. EXECUTIVE BRANCH Chapter 1. Mayor Section 3.10. Chief Executive Officer . The Mayor shall be the chief executive of Pooler. 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 3.11. Term: Qualifications: Compensation . The Mayor shall be elected for a term of two (2) years and until his successor is elected and qualified. He shall be a qualified elector of Pooler. He shall continue to reside in Pooler during the period of his service. Section 3.12. Powers and Duties . (a) As the chief executive of Pooler, 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) appoint and be an ex officio member of all standing committees and special committees of the Town Aldermanic Board; (5) preside at all meetings of the Town Aldermanic Board; (6) see that all meetings are conducted in a parliamentary manner, and shall preserve order and decorum in such meetings;

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(7) see that all funds of the Town are properly accounted for and that all revenues are properly and promptly collected; (8) 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; (9) see that order is maintained in the Town and that its property and effects are preserved; and (10) 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 Aldermanic Board by imposing such sentene or penalty as may be authorized by the ordinances 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 Aldermanic Board, 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 Town and as may be hereafter authorized. Section 3.13. 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 Aldermen chosen by the Aldermanic Board, shall be clothed with all the rights and privileges of the Mayor and shall perform the duties of the office of the Mayor so long as such absence or disability shall continue.

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Chapter 2. Organization and General Provisions . Section 3.20. Administrative and Service Departments . (a) The Aldermanic Board may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the Town, as they shall deem necessary for the proper administration of the affairs and government of the Town. The Aldermanic Board 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 Town. (b) The operations and responsibilities of each department now or hereafter established in the Town shall be distributed among such divisions or bureaus as may be provided by the Aldermanic Board. 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 the Aldermanic Board. (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 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 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 Aldermanic Board.

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Section 3.21. Boards, Commissions and Authorities . (a) All members of boards, commissions and authorities of the Town shall be appointed by the Aldermanic Board in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable State law. (b) No member of any board, commission or authority of the Town shall hold any elective office in the Town. (c) Any vacancy in office of any member 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. (d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the Recorder 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 three (3) members of the Aldermanic Board. (f) Members of boards, commissions and authorities may receive expenses in the performance of their official duties as approved by the Aldermanic Board. (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 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.

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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 Aldermanic Board. Section 3.22. Town Attorney . The Aldermanic Board shall appoint a Town Attorney, together with such assistant town attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the Town. The Town Attorney shall be responsible for representing and befending the Town in all litigation in which the Town is a party; may be the judge in the Recorder's Court; shall attend the meetings of the Aldermanic Board as directed; shall advise the Aldermanic Board, Mayor, and other officers and employees of the Town concerning legal aspects of the Town's affairs; and shall perform such other duties as may be required of him by virtue of his position as Town Attorney. Chapter 3. Personnel Administration . Section 3.30. Personnel Policies . The Aldermanic Board shall adopt rules and regulations consistent with this charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of Pooler. ARTICLE IV. RECORDER'S COURT Section 4.10. Recorder's Court . There shall be a recorder's court for the trial of all offenders against the laws and ordinances of the Town of Pooler. Such court shall be vested with all authority and jurisdiction now or hereafter conferred on mayor's or recorder's courts of municipalities. The mayor shall appoint an attorney who shall be admitted to practice law before the superior courts of the State of Georgia to serve as judge of the recorder's court or as judge pro tem thereof, who shall serve at the pleasure of the mayor. In the absence or disqualification of the attorney appointed, the mayor shall appoint an alternate attorney to serve as

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judge of the recorder's court or as judge pro tem thereof. The judge or judge pro tem shall be the presiding officer. As such presiding officer said judge pro tem shall be vested with all the right, authority and jurisdiction now or hereafter granted and vested in said judge. Said court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment, not exceeding thirty (30) days, or a fine, not exceeding fifty ($50.00) dollars, either, or both in the discretion of the judge or judge pro tem. Said court shall sit at such time and place as may be fixed by ordinance, and shall have full power and authority to sentence offenders upon conviction to such punishment as may be prescribed by law and ordinance, but such punishment for each offense shall not exceed a fine of five hundred ($500.00) dollars or imprisonment not exceeding thirty (30) days in the county jail of Chatham County or of the Town of Pooler, or put such offender to labor upon the public works of Chatham County not exceeding thirty (30) days. Either of said penalties, or the fine provided and one of the thirty-day sentences may be imposed, in the discretion of the judge or judge pro tem. Section 4.11. Appeal . (a) Any person who may be convicted before the recorder's court shall have the right to appeal from the judgment of said court to the Aldermanic Board of the Mayor and Aldermen in the Town of Pooler, shall try all appeals de novo, and may in its judgment, confirm the judgment of the recorder's court, reduce or increase the punishment or discharge the defendant, provided, however, that the defendant shall not be discharged from custody until he shall have given a bond, to be fixed and approved by the court, conditioned to appear and abide the final judgment, sentence or decree in the case. Such bond shall be estreated in the manner provided by law for estreating certiorari bonds in police courts. Such appeals shall be made in writing and filed with the recorder within four (4) days after judgment rendered (Sundays and legal holidays excluded). (b) Any person who has been convicted in the said recorder's court and on appeal to the Mayor and Aldermen of the Town of Pooler, the conviction has been affirmed, such

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defendant may, by giving notice of any intention to certiorari, suspend the judgment and be released from custody at once, upon giving the usual certiorari bond with security in such sum as may be fixed by the Mayor, or Mayor Pro Tem, for his appearance, provided, that the certiorari from the said Mayor and Aldermen shall be sued out within thirty (30) days from the date of the judgment of the Mayor and Aldermen. No certiorari shall be sued out unless an appeal is taken before the Mayor and Aldermen as provided in the preceding section. Section 4.12. Jurisdiction: Powers . (a) It shall be the duty of the marshal of said Town, and any police officer that may be appointed by the authority of the Mayor and Aldermen, to arrest and prosecute all offenders of any laws committed within the corporate limits of said Town. It shall also be their duty to arrest or cause to be arrested all persons committing or attempting to commit any crime or offense against the ordinances of said Town, and to commit them to the guardhouse of said Town or other place of confinement to await trial. For the purpose of preserving the peace, preventing riots and suppressing crime, the said marshal and police officers shall have authority to make arrests anywhere within the limits of Chatham County. It shall further be their duty to execute all processes and orders of the Mayor and Aldermen of the Town of Pooler when directed to them, or to either of them, to discharge any other duty imposed upon them by the laws, ordinances, rules and regulations of said Town. (b) It is hereby enacted by the authority of the General Assembly of the State of Georgia, that from and after the passage of this Act there is established a police district for and adjacent to the Town of Pooler, which shall embrace the land and territory outside the corporate limits of the Town of Pooler within one (1) mile in a straight line from any point of the present or future limits of said Town of Pooler. That the Town of Pooler shall have and exercise police powers and police jurisdiction over and in said police district. That all laws and ordinances in force in the Town of Pooler, or that may hereafter be enacted by the Mayor and

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Aldermen of the Town of Pooler, in reference to offenses against the public health, against the public peace and tranquility and against public morals, as well as all ordinances for the preservation of peace and good order and the safety of property, person and life, shall be in force within the territory comprising the said police district in the same manner and to the same extent as they are in force within the corporate limits of said Town, and for all purposes to prevent the commission of any and all of said offenses and suppressing the same in order to apprehend violators of said laws. Police jurisdiction is hereby expressly given to the Town of Pooler over the said entire territory embraced in said police district. To this end, the said Town of Pooler shall have the power to enforce said laws and ordinances by the Police Department of the Town of Pooler, just as they may deem proper and necessary for the full protection of the Town. Provided, nevertheless, that no obligation shall rest upon the municipal authorities, to establish any police system within said district, the said Town of Pooler being hereby given power and right to do so, which right the said Town of Pooler may exercise in full, partial or not at all, as in its judgment the best interest of the Town of Pooler may require. ARTICLE V. ELECTIONS Section 5.10. Applicability of General Laws . The procedures and requirements for election of all elected officials of Pooler 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 . Qualified persons aspiring to the offices of mayor, alderman, or recorder, shall on or before the twentieth day of December preceding the January election, request the recorder to place his or her name on the ballot to be prepared for said election, and shall, at the same time pay to the treasurer of said Town the sum of forty ($40.00) dollars if he be qualified to run for mayor, and the sum of twenty-five ($25.00) dollars if he be qualified to run

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for recorder or alderman. Said fees to the used to help defray the expenses of the printing of ballots and of the election and the balance, if any, to be placed in the common treasury of said Town. The candidate for mayor and the candidate for recorder receiving the highest number of votes shall be deemed elected to the office for which they were running, and the five (5) candidates receiving the highest number of votes for alderman shall be deemed elected alderman. Section 5.12. Regular Elections: Time for Holding . A mayor, recorder and five aldermen shall be elected on the third Thursday in January, 1977, and on said date biennially thereafter. The hours of voting at such election shall be between seven o'clock in the morning and six o'clock in the afternoon, eastern standard time. Their terms of office shall begin at the day and hour of taking the oath of office as provided in section 2.20 of this charter. Section 5.13. Vacancies . In the event that the office of mayor, recorder or aldermen shall become vacant for any cause whatsoever, said vacancy in office shall be filled by appointment by the remaining members of the Aldermanic Board and the Mayor. Section 5.14. Management of Election . (a) All elections held under the provisions of this charter shall be superintended and managed by three freeholders of said Town, all of whom must be duly qualified voters at such elections and each of said managers before entering on his duties as such shall take and subscribe on oath before some notary public or other officer qualified to administer oaths, that he will faithfully and impartially conduct said election, prevent election abuses to the best of his skill and power. The said managers shall be appointed by the Superior Court of Chatham County, Georgia, which will at least as far as practicable, in the appointment of said managers give representation to the contending factions of such election. The managers shall be paid for their services as such the sum of ten ($10.00) dollars each, by the treasurer of the said Town of Pooler.

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The person or persons receiving the highest number of votes cast at such election for mayor, recorder and aldermen, respectively, shall be declared elected, and the managers of such election shall issue, within twenty-four hours of such election certificates of election to such persons. The voting place for such elections shall be at the town hall of said Town of Pooler. (b) After the votes at any election shall have been counted by the managers, they shall certify two lists of voters and two tally sheets and shall place one of the said tally sheets and one of the said list of voters with the ballots in the ballot box and deposit the same, securely sealed with the town marshal; the other list of voters and tally sheet shall be filed, securely sealed by the managers, with the recorder and the said town marshal; and the recorder, in the presence of the election managers, upon the expiration of sixty days from the date of the election, shall destroy the said tally sheets, lists of voters and ballots, without examination, or permitting the same to be examined, provided no notice of contests of such election shall have been filed and be pending. Section 5.15. Registration of Electors . (a) All persons qualified to vote for the members of the General Assembly of the State of Georgia, and who will have been residents of said Town of Pooler continuously for a period of twelve (12) consecutive months prior to the election of which they offer to vote, and who shall have registered as required by the registration laws of said Town, shall be qualified to vote at any election held under the provisions of this charter. (b) It shall be the duty of the recorder to keep a book to be known as the Permanent Registration Book of the electors of said Town, and the electors of said Town shall sign said book upon taking the oath contained therein which shall be substantially as follows: I do solemnly swear that I am a legally registered voter of Chatham County, and upon the permanent qualification book of said county, and I do further swear that before the next Town election that I will have been residing within the limits of the Town of Pooler continuously for a period of at least twelve (12) months, so

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help me God. The said oath shall be administered by the recorder, who is hereby clothed with authority to administer the same. (c) The recorder shall keep Permanent Registration Book open during reasonable hours as may be prescribed by the Mayor and the Aldermanic Board to enable the electors of said Town to register therein, and no person registering therein shall be required to again register as a qualified voter of said Town so long as he remains a bona fide resident of said Town and qualified to vote for the members of the General Assembly of the State of Georgia, it being the purpose of this Act to provide a permanent registration for said Town. (d) Whenever any general or special election is to be held in said Town it shall be the duty of said clerk to close the said registration book thirty days before the said election and turn over the same to the Mayor, who shall, with the advice and consent of the Aldermanic Board, appoint a board of three registrars, whose duty it shall be to make from said book a list of said voters for such election, and in making said list of registrars shall exclude the names of all persons on the registration book who have died, removed from the corporate limits, have not been residents of the Town for a period of twelve (12) months before the election, or who have otherwise disqualified themselves. The list of voters so made up by the registrars shall be posted by the recorder, and kept at the door of the town hall of said Town at least ten days before the election and a list of the names of those who have been stricken shall in like manner, and at the same time, be posted. Any person who has been omitted from said list, or whose name has been stricken, shall have the right to appeal to the registrars to place his name upon such list at any time up to within two days of the election. The list of voters so made up by the registrars shall be by the said registrars furnished to the managers of the election and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted therefrom by mistake or accident. In appointing

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the registrars the Mayor shall, as far as practicable, give each of the contending factions at said election, representation thereon. ARTICLE VI. FINANCE AND FISCAL Section 6.10. Power of Assessment . The said Mayor and Aldermen are hereby vested with full power and authority to make such assessments and levy such taxes on the inhabitants of said Town, and those holding taxable property within the same, and those who transact or offer to transact business therein, as said corporate authorities may deem expedient for the safety, welfare, benefit, convenience and advantage of said Town and may enforce the payment of such assessment and taxes in such manner as said Mayor and Aldermen may prescribe. Besides real and personal property, the said corporate authorities may tax telegraph, telephone, railway and light companies erecting their poles on the streets, lanes, public ways or thoroughfares in the said Town, the same to be reasonable compensation for the use of such streets, lanes, public ways and thoroughfares. The ad valorem tax which may be levied by authority of this section shall not exceed 1% of the assessed value of the property taxed. The said tax levy shall be by ordinance duly passed and recorded, the total ad valorem tax not to exceed fifteen mills; provided, however, the said Mayor and Aldermen may levy such additional ad valorem tax, in excess of fifteen mills, as may be necessary to pay the interest and principal retirements of any duly authorized bonds, issued for the purpose of constructing or improving waterworks or paving and improving the streets, roads and highways of said Town or any part thereof. Such levy shall be published before the door of the Town Hall of said Town continuously for a period of at least ten (10) days immediately after the passage of the ordinance, and before the time appointed for the collection of such taxes. Section 6.11. Street Paving . (a) The Mayor and Aldermen of the Town of Pooler shall have full power and authority to grade, pave, macadamize or otherwise improve any portion of the width of any street in said Town, and to

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assess [UNK] of the cost of such paving, grading, macadamizing and otherwise improving on the real estate abutting on each side of the street or lane improved as the Mayor and Aldermen of the Town of Pooler may direct. Said authority shall be exercised at the discretion of the Mayor and Aldermen or upon petition of the owners of [UNK] of the property on each side of the street or lane to be improved. The Mayor and Aldermen of the Town of Pooler shall have full power and authority, by a vote of [UNK] of said Mayor and Aldermen elected to the Aldermanic Board (the Mayor being entitled to vote), to adopt at any time an ordinance requiring the grading, paving, macadamizing or otherwise improving for travel or drainage, any of the streets or lanes of said Town, and to assess [UNK] of the cost of such paving, grading, macadamizing and otherwise improving on the real estate abutting on any side of the street or lane improved as said Mayor and Aldermen of the Town of Pooler may direct. (b) The Mayor and Aldermen of the Town of Pooler shall have full power and authority to renew or repair any pavement now laid or that may hereafter be laid, in the Town of Pooler, at the expense of said Town and of the owners of real estate abutting such streets, and of a street railroad now traversing, or which may hereafter traverse, streets in which the pavements to be renewed or repaired are laid, [UNK] the expenses of such renewal or repairs to be borne by the Town, and the other [UNK] to be borne by the owners abutting on such streets, the railroad traversing such street being required to renew or repair the width of its track and two feet on each side of every line of track. (c) Whenever the said Mayor and Aldermen shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part thereof, within the limits of the Town of Pooler, said Mayor and Aldermen, shall by resolution, declare such work or improvement necessary to be done and such resolution shall be published in 6 consecutive issues of a daily newspaper published and having a general circulation in the Town of Pooler, and if the owners are more than in area of land liable to assessment to pay for such improvement or any such highway

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shall not, within fifteen (15) days after the last publication of such resolution, file with the clerk of said Town their protest in writing against such improvement, then said Mayor and Aldermen shall have the power to have said improvement made and to contract therefor, and to levy assessments as herein provided for. (d) After the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by the owners of more than [UNK] of the area of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said Mayor and Aldermen shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Aldermen to proceed with the said improvements, stating the several characteristics of the paving materials, in the alternative, proposed to be used, from which shall be selected, on the opening of the bids hereinafter provided, and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary. Said resolution shall set forth any such reasonable terms and conditions as said Mayor and Aldermen shall deem proper to include with reference to the letting of the contract and the provisions thereof, and the said Mayor and Aldermen shall, by said resoltuion, provide that the contractor shall execute in favor of the Town a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contractor, and for the protection of the Town and all property owners interested, against any loss or damages by reason of the negligent or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance and good condition of such improvements for a period of not less than five years from the time of its completion, or both, in the discretion of said Mayor and Aldermen. Said resolution shall also direct the Clerk of said Town to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements.

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The notice of such proposal shall state the street, streets or other public places to be improved, the kind of improvement proposed, what, if any bonds, will be required to be executed by the contractor aforesaid, and shall state the time when, and the place where such proposal shall be filed and when and where the same will be considered by the said Mayor and Aldermen. Such notice shall be published in ten (10) consecutive issues of a daily newspaper of general circulation in the Town of Pooler. At the time and place specified in such notice the Mayor and Aldermen shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Aldermen prescribed in said resolution and notice for proposals, which contract shall in no case exceed the estimate of costs submitted, and the said Mayor and Aldermen shall have the right to reject any and all bids and readvertise for other bids when any such bids are not, in its judgment, satisfactory. (e) The Mayor and Aldermen, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall, by resolution, provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing the date fifteen days after the passage of the ordinance levying the said assessments and of such denominations as the said Mayor and Aldermen shall determine, which bond or bonds shall in no event become a liability of the Mayor and Aldermen of the Town of Pooler issuing same. One tenth in amount of any such series of bonds with the interest upon the whole series to that date shall be payable on the fifteenth day of September next succeeding the maturity of the first installment of the assessment and interest, and one tenth thereof with the yearly interest upon the whole amount remaining upaid shall be payable on the fifteenth day of September in each succeeding year until all shall be paid, such bonds shall bear interest at a rate not exceeding nine percent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall, on

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the face thereof, recite the street or streets, parts of street or streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of this Act. Said bonds shall be signed by the Mayor and attested by the Clerk of the Aldermanic Board and shall have the impression of the corporate seal of such Town thereon and shall have interest coupons attached and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par and the proceeds thereof applied to the payment of the contract price and other expenses by said Mayor and Aldermen of such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Aldermen shall direct. Said bonds and their interest coupons shall be payable to the bearer or holder thereof. The owner or holder of such bonds shall, however, at his option, have the right to have such bonds registered at the office of the Clerk of the Aldermanic Board of the Town of Pooler in a book to be provided for such purposes. (f) The lots, pieces or parcels of land fronting and abutting upon both sides of said improvements shall be charged with cost thereof according to the just pro rata of the entire cost of said improvement for the said frontage; provided, that the frontage of intersecting streets, avenues, lanes or alleys shall be assessed as real estate abutting upon the street, lane, alley or avenue paved or otherwise improved and the said Mayor and Aldermen shall be, for all the intents and purposes of this Act, an owner or legal representative of real estate abutting on any street, lane, alley or avenue, shall possess the same rights and privileges as all other owners of real estate abutting on any such street, lane or avenue, and shall pay from the Town treasury the just pro

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rata of the entire cost of said work or improvement for the said frontage. (g) As soon as the said contract is let and the cost of such improvement, which shall also include all other expense incurred by the Town incident to said improvement, in addition to the contract price for the work and materials, is ascertained, the said Mayor and Aldermen shall, by resolution, appoint a Board of Appraisers, to appraise and apportion the cost and expense of the same to the several tracts of land abutting on said improvement. Within ten days from the date of the resolution appointing said board, the said board shall file a written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane or avenue, or other public place so improved, with the Recorder of said Town. When said report shall have been returned and filed, the said Mayor and Aldermen shall appoint a time for the holding of a session of the Aldermanic Board or shall designate a regular meeting of the Aldermanic Board for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the said Clerk of the Aldermanic Board in at least five consecutive issues of any daily newspaper of general circulation in the Town of Pooler, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said Mayor and Aldermen at said sessions shall have power to review and correct said appraisement, apportionment and assessment and to hear objections to the same, and to confirm the same either as made by said board or as corrected by said Mayor and Aldermen. Assessments in conformity to said appraisement and apportionment as confirmed by the Aldermanic Board shall be payable in ten equal installments and shall bear interest at the rate of nine percent per annum until paid, payable in each year at such time as the several installments of the assessments are

Page 3473

made payable each year. The said Mayor and Aldermen shall, by ordinance, levy assessments in accordance with said appraisement and apportionment as so confirmed against the several tracts of land liable therefor. In case any ordinance shall have been adopted levying the assessment provided for in this and other sections of said Act before the work of paving or improving the street, highway or other public place shall have actually begun, such fact shall not invalidate such ordinance or such assessments and said Mayor and Aldermen shall have the rights in its discretion to compute and collect interest on such assessments from the date on which said work actually began instead of from the date of such ordinance levying said assessments; and said Mayor and Aldermen shall have also the right in their discretion to date any series of bonds provided for in this Act fifteen days after the date the said work actually began or fifteen days from the date of the ordinance levying said assessments and the foregoing provisions shall apply to assessments and bonds provided for prior to the passage of this amended Act, as well as those provided for hereafter. (h) Whenever the petition provided for in subsection (a) of this section is presented or when the said Mayor and Aldermen shall have determined to pave or improve any street, avenue, lane, alley or other public place and shall have passed the resolution provided for in said subsection (c) of this section, the said Mayor and Aldermen shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas or sewer pipe connections to connect with any existing water, gas or sewer pipes in and underneath the streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all cost and expense for making such connections shall be taxed against such property and shall be included and made part of the general assessment to cover the cost of such improvements. (i) The first installment of said assessments together with interest to that date upon the whole shall be due and

Page 3474

payable on the first day of September next succeeding the passage of said ordinance and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in any year, the first installment of such assessment and interest shall be due and payable on September first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the treasurer of the Town of Pooler and relieve their property from the lien of said assessment, which money so paid to the said treasurer shall be disbursed pro rata between the contractor and the Town in proportion to the respective interests. (j) Such special assessment and each installment thereof, and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon, shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. (k) The assessments provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the Town of Pooler, who shall give proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections made by him, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds, and the interest thereon and for no other purpose. It shall be the duty of the said treasurer, not less than thirty days and not more than

Page 3475

fifty days before the maturity of any installment of such assessments, to publish in two successive issues of a daily newspaper published in the Town of Pooler and having general circulation in said Town, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due and designating the street or streets or public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installment and interest. And it shall be the duty of said treaurer, promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of September of each year in case of a default in payment of such installment or assessment, with interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or person owning the same for the amount of such assessment, with interest, and shall turn over the same to the town marshal of the Town of Pooler or his deputy who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvements, and after advertisement and other proceedings as in the case of sales for Town taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments with interest; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received for the balance. All affidavits (and the foregoing and the following provisions shall apply to the street and steam railroads against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affidavit (affiant) claims the amount is not due, and, when received by the town marshal, shall be returned to the Municipal Court of Savannah if the amount of the execution is one hundred dollars or under, and to the Superior Court of Chatham County, Georgia, if the amount contested is over one hundred dollars, and there tried and the issue determined as in case of illegality,

Page 3476

subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of said treasurer to publish said notice of the maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. No affidavit of illegality shall in any case be based upon any ground or cause which would have been pleaded in the proceedings provided for in section 21 of this Act. And any affidavit of illegality provided for under the terms of said Act shall be triable at the same term of the court at which it may be filed. And if on the trial of the issue the court or jury who tries the same shall believe such affidavit was filed for delay only, or that said affidavit, is without any excuse to sustain it, they shall so state in their judgment or verdict, and if they so find, the person who files said affidavit shall pay twenty-five percent additional. And, in any event, if said party who filed said affidavit of illegality fails to prevail in the same he shall, in addition to the foregoing, pay double interest at the rate provided for in the said Act on the amount involved in said illegality. The foregoing provision shall apply to any illegality hereafter filed, whether the assessments were made prior to or since the passage of this Act. In case of the sale of any real property liable for such assessments the owner of said property shall have the right to redeem the same in the manner and during the time now provided by existing laws for the redemption of property sold under execution for Town taxes. (l) Should any assessment be not paid, together with all interest, when due by the person or persons owning the lot or lots or tract of land liable for the same, then the said Mayor and Aldermen of the Town of Pooler for the purpose of preventing a default in the street improvement bonds issued and based upon such assessment or assessments in whole or in part, shall have the right to temporarily advance out of the general funds and monies of the Mayor and Aldermen of the Town of Pooler the amount of such defaulted assessment or assessments for the purpose of paying promptly, as due, the series of street improvement bonds that may be due in any given year, and the said assessment

Page 3477

or assessments with interest so temporarily advanced shall not be considered to have been paid and satisfied by the owner or owners of the said lot or lots or tracts of land liable for the same, nor shall the lien or the assessment against said lot or lots or tracts of land be divested, but said lien and assessment shall continue to be of force and be subject to be enforced and collected by said Mayor and Aldermen of the Town of Pooler under all the provisions of said Act and all Acts amendatory thereof; and said Mayor and Aldermen of the Town of Pooler is hereby declared to be the absolute owner of any such lien or liens, assessment or assessments, or execution or executions. Any and all payments heretofore made by said Mayor and Aldermen of the Town of Pooler of any such assessments for the purpose of preventing a default in any series of said street improvement bonds are hereby ratified and confirmed, and the said assessment or assessments and liens thereof and the execution or executions issued thereon as against the lot or lots or tract or tracts of land shall not be considered to have been paid, satisfied, released or relieved as against the said lot or lots or tract or tracts of land originally liable for the same prior to any such temporary payment of the same by the said Mayor and Aldermen of the Town of Pooler out of its general funds or money for the purpose of preventing a default in any series of said street improvement bonds, and the said Mayor and Aldermen of the Town of Pooler is hereby authorized and empowered to enforce and collect said liens, assessments and executions, with all interest thereon as if no temporary advance of the amount of same has ever been made by said Mayor and Aldermen of the Town of Pooler for the purpose of paying the amount in whole or in part of any series of said street improvement bonds due in any year prior to the passage of this Act, and the said Mayor and Aldermen of the Town of Pooler is hereby declared to be the absolute owner of any such lien or liens, assessment or assessments or execution or executions. (m) No suit shall be sustained to set aside any such assessment or to enjoin the said Mayor and Aldermen from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for

Page 3478

their payment as herein authorized or contesting the validity thereof on any ground or for reason, other than for the failure of the Mayor and Aldermen to adopt and publish the preliminary resolution provided for in section 1-2219 of this Code in cases requiring such resolution and its publication, and to give notice of the hearing of the return of the appraisers, as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; providing that, in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said Mayor and Aldermen may at any time in the manner provided for the levying and original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. (n) The publication of all notices in a daily newspaper called for in this Act shall be the number of days therein specified inclusive of Sundays and legal holidays. (o) Whenever the abutting land owners of any street, alley, avenue, or lane of said Town petition the Mayor and Aldermen as herein set out, or said Mayor and Aldermen pass the resolution provided for in subsection (c) of this section, for the pavement of any such street, avenue, alley or lane or other public place, where the State or any of its political subdivisions is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in behalf of the State, and where the county is the owner, the Chairman of the Board of County Commissioners of Chatham County is authorized to sign in behalf of the county, and where the Town of Pooler is the owner, the Mayor of Pooler is authorized to sign in behalf of the Town. (p) In all cases where the Mayor and Aldermen of the Town of Pooler shall deem it necessary to resurface any

Page 3479

existing pavements on any street, alley, avenue, lane or other public place, which pavement was laid prior to the passage of this Act, and which pavement may be worn out or no longer serviceable as a pavement, the Mayor and Aldermen of the Town of Pooler is hereby authorized to resurface the existing pavement on any such alley, avenue, lane or other public place in pursuance of and under and by virtue of the provisions of this Act and in such cases all provisions of said Act providing for paving and improving and levying of assessments therefor and the issuance of bonds shall apply, as well as all other provisions of said Act; provided, that in the judgment of said Mayor and Aldermen said paving which is to be resurfaced is rough, or uneven, or unsuited for traffic, or renders traffic difficult. Section 6.12. Assessment . Pursuant to Georgia Code Section 92-4001, the Town of Pooler will use the fair market value of the property as determined by the County Tax Assessors for county ad valorem property taxation purposes. Said fair market value shall be finally determined for county ad valorem property taxation purposes at such time as all means for administrative and judicial review of said value has been exhausted or is no longer available. Section 6.13. When Taxes Due . The Mayor and Aldermen of the Town of Pooler shall have the right, and it is hereby made their duty, during December of each year, for the succeeding year, to prescribe the time at which all taxes and licenses shall be due, and shall have the power to enforce the same by execution issued by the Recorder directed to the Marshal, and bearing teste in the name of the Mayor, and sales under such executions shall be had as prescribed in Chapter 92-44 of the Code of Georgia 1933 and the acts amendatory thereof, the said Town may purchase at said sale, as is provided in said Chapter. Section 6.14. Occupation and Use Tax . The Mayor and Aldermen of the Town of Pooler shall have power and authority in addition to the foregoing to levy and collect a specific tax or occupation tax, on all business, corporation,

Page 3480

professions, callings or trades exercised within the Town, as may be deemed just and proper; to fix a license on theatricals, exhibitions, circuses and shows of all kinds; on drays, hacks, boarding houses, restaurants, fish stands, livery stables, auctioneers, itinerant traders, itinerant lightning rod dealers, emigrant agents, employment agents, clock and stove peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant venders of articles, goods, ware and merchandise of every nature whatsoever; every keeper of a billiard, pool or tenpin or bowling alley, when kept for public use; upon the keeper of any other table, stand or place on which any games are played with sticks, balls, rings or other contrivances by the public for pecuniary gain; prize punch boards and chance machines, and upon the keeper of flying horses, velocipedes and skating rinks, insurance agents for life, fire and accident companies, brokers, dealers in futures, loan agents and agents of every and any other business or calling whatever; keepers of slaughter houses, oyster houses or factories; beef markets, green groceries, dealers in fish and oysters, fruit, bread and other articles of food; upon every junk shop, pawnbroker and upon all other establishments or business callings or avocations not heretofore mentioned, and which, under the laws of the State of Georgia, are subject to license or occupation tax. And they shall also have the power to regulate and control such businesses, professions, callings or trades. Section 6.15. Execution and Levy . (a) The Mayor and Aldermen of the Town of Pooler shall have full power and authority to issue an Execution for the amount of any unpaid water rent, licenses, fines, tax assessments, sewers, paving streets and to have said Execution recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, so as to become a lien on the property of the person against whom said execution was issued. (b) The Mayor and Aldermen of the said Town of Pooler shall have full power and authority to enforce any execution, the collection of any amount due or to become due for taxes, water rent, for licenses, tax assessments and appurtenances of every kind, for fines and forfeitures, for paving streets,

Page 3481

sidewalks, lanes and alleys, paving, sewers and for any other debt due the Town. Such execution shall be issued by the Recorder against the person, corporation or firm by whom any such debt may be due, which execution may be levied by the Marshal on the property of the owner against whom such execution shall issue and the same sold as provided by the Code of Georgia, 1933, for municipal levies and sales for taxes, or any amendments thereof. Provided, that the defendant may have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and that affidavit received for the balance; all such affidavits shall set out in detail the reasons why the defendant claims that the amount is not due, and when so received shall be returned to the Superior Court of Chatham County and there tried, and the issues determined as in case of illegality, for delay. (c) When fi. fa. shall issue as provided in the preceding section, and property shall be claimed by a third person, such claimant may interpose his claim thereto as now provided by law for claims under fi. fas. for State and County taxes; such claim to be returned to and heard in the Superior Court of Chatham County. (d) It shall be the duty of the Marshal to levy all executions in favor of the Town, and after advertising the property as levied on once a week for four weeks before date of sale, in the newspapers in which the Sheriff's advertisements of Chatham County are published, he shall sell the property so levied on before the Court House door in Chatham County, on the first regular sales day thereafter, and between the legal hours of Sheriff's sales. If the property is devisible, he shall offer it in parcels. He shall sell at public outcry to the highest bidder and execute titles to the purchaser in possession in the same manner as Sheriffs of this State. Section 6.16. Fiscal Year . The fiscal year of said Town shall hereafter end on the thirty-first day of December, annually, and at the third regular meeting preceding the

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opening of each fiscal year, or at any subsequent meeting of the Mayor and Aldermen prior to the adoption of the tax ordinance for such fiscal year, a budget of the expenditures for that year shall be made up and adopted and afterwards set forth in the preamble of the tax ordinance as a condition precedent to the enforcement of said ordinance. ARTICLE VII. MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Water Systems . (a) The Mayor and Aldermen of the Town of Pooler shall have full power and authority to erect waterworks and to establish and maintain a system of water supply and a sewerage system for this Town; to compel lot owners to connect with said sewers, and may purchase or condemn any property within or without the Town as may be necessary for either of said public works. In case it shall be necessary to condemn any property under this section, or for any other public works, the proceedings shall be the same as in section 25 of this Charter. (b) The Town of Pooler shall have power and authority to furnish water from the water works plant or plants of said Town to any property located within two (2) miles of the corporate limits of said Town. Section 7.11. Zoning . The Town of Pooler, Georgia, have authority to pass zoning and planning laws whereby said Town may be zoned and districted for various uses and other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart, and to regulate the plans for development and improvements on real estate in said Town and to have and to provide a building code requiring persons or corporations to submit plans and obtain a building permit before making improvements on real estate in the corporate limits of said Town. Section 7.12. Health . (a) The Mayor and Aldermen of the Town of Pooler may, in their discretion, appoint five freeholders of said Town, who shall constitute a Board of

Page 3483

Health of said Town, which Board of Health shall serve without compensation. It shall be the duty of said Board of Health, three of whom shall constitute a quorum, to meet as may be necessary, to visit every part of the Town of Pooler. Any nuisance or sickness which is likely to endanger the health of said Town, or any of the inhabitants thereof, the Mayor and Aldermen of said Town of Pooler shall have power, upon the report of said Board, or without such report, to cause any such nuisance to be abated in the summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the premises, or of both, as the Mayor and Aldermen of the Town of Pooler may determine, and for the amount so expended the Recorder of said Town shall issue an execution against the owner of the property on which the nuisance is located, or against the party whose act of negligence caused such nuisance, or against both; and such execution may be collected by levy and sale as are other executions issued by the Recorder. All vacancies that may occur in said Board of Health shall be filled by the Mayor and Aldermen of the Town of Pooler as soon thereafter as practicable. (b) The Mayor and Aldermen of the Town of Pooler shall have power and authority to establish such quarantine regulations against persons who may have been exposed to smallpox, yellow fever, scarlet fever, diphtheria, or any other contagious or infectious diseases, as it may deem proper, and to establish and maintain a smallpox hospital or pesthouse for the isolation of any contagious or infectious diseases, and to cause to be removed to such pesthouse all persons afflicted with such diseases, except such persons as shall, at their own expense, provide suitable guards, who shall be selected by the Mayor and Aldermen of the Town of Pooler to successfully quarantine the premises where such case or cases of contagious or infectious diseases may be located; and the said Mayor and Aldermen shall have full power and authority to make, pass, adopt and enforce any and all regulations for the proper maintenance and protection of the health of said Town and its inhabitants.

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ARTICLE VIII. GENERAL PROVISIONS Section 8.10. Official Bonds . The officers and employees of the Town of Pooler, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Town Aldermanic Board may from time to time require. Section 8.11. Existing Ordinances, Rules and Terms of Office . Existing ordinances and resolutions of the Town of Pooler not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended by the Aldermanic Board. Existing rules and regulations of departments or agencies of the Town of Pooler 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 Town of Pooler shall continue until the first officials elected under this Charter have taken office. Section 8.12. Section Captions . The captions to the several sections of this Charter are informative only and are not to be considered as a part thereof. Section 8.13. Penalties . The violation of any provision of this Charter for which no penalty is specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500 dollars or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 8.14. Severability . If any Article, section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that all Articles, sections, subsections, paragraphs, sentences or parts thereof be enacted separately and independently of one another.

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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. Specific Repealer . An Act approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 2530); an Act approved March 3, 1962 (Ga. L. 1962, p. 2704); an Act approved April 8, 1965 (Ga. L. 1965, p. 3399); an Act approved February 24, 1967 (Ga. L. 1967, p. 2034); an Act approved April 10, 1971 (Ga. L. 1971, p. 3508); an Act approved March 27, 1972 (Ga. L. 1972, p. 2953); an Act approved April 17, 1973 (Ga. L. 1973, p. 3415); an Act approved March 28, 1974 (Ga. L. 1974, p. 3809); and an Act approved April 25, 1975 (Ga. L. 1975, p. 4622), is hereby repealed in its entirety on the effective date of this Act; provided however, the members of the governing authority of Pooler heretofore elect and shall continue to serve as members of the governing authority of said Town until the expiration of their terms of office. Section 8.17. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Notice Pooler's Town Charter. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to create a new charter for the Town of Pooler so as to incorporate the charter approved January 30, 1946, and all subsequent amendments into one comprehensible document to make certain additions thereto; to change and extend the corporate limits of the Town of Pooler; and for other purposes. C. W. Hill, Jr., Mayor Town of Pooler 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

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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: December 27, 1975 and January 3, 10, 1976. /s/ George Chance Representative, 129 District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF EAST POINTCHARTER AMENDEDCOUNCILMEN'S QUALIFICATIONS CHANGED, ETC. No. 1182 (House Bill No. 1701). An Act to amend an Act establishing a new Charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), as amended, particularly an Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), so as to provide an additional qualification for a Councilman of the City of East Point, that such Councilman be a resident within the ward to which such Councilman was elected; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a new Charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), as amended,

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and particularly by an Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), is hereby further amended as follows: Section 2 . By striking section 14, of that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, at p. 2137), in its entirety and inserting in lieu thereof a new section 14, to read as follows: Section 14. Qualifications of Mayor and Councilman . No person shall be eligible to hold the office of Mayor of said city unless he or she is twenty-seven (27) years of age and is a qualified elector of said city, who shall have continuously resided and maintained his or her domicile therein for at least two (2) years immediately preceding their election. No one shall hold the office of Councilman unless he or she be, (a) at least twenty-one (21) years of age, (b) a qualified elector of said city, (c) a resident within the ward to which such Councilman was elected, and (d) a continuous resident and domicilary of said city for at least one (1) year immediately preceding his or her election as Councilman of said city. Section 3. General Repealer . All laws or parts of laws in conflict herewith are hereby repealed. Section 4. Effective Date . Upon this Act being approved by the Governor of the State of Georgia, this Act shall become of full force and effect. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of East Point, Georgia intends to apply for the passage of local legislation in the 1976 regular session of the General Assembly of Georgia, which convenes in January 1976. The title of the Bill or Bills to be introduced shall be entitled as follows: An Act to amend an Act establishing a new charter for the city of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof, and especially the act approved March 9, 1972, (Ga. L. 1972, p. 2151, et seq.),

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and as amended; and for other purposes. This 8th day of January, 1976. City of East Point George N. Sparrow, Jr. City Attorney Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20, 27 days of January, 1976. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 27th day of January, 1976. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 24, 1979. (Seal). Approved March 31, 1976. STATE COURT OF DEKALB COUNTYJUDGE ADDED, ETC. No. 1184 (House Bill No. 1710). An Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3137), and an Act

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approved March 27, 1972 (Ga. L. 1972, p. 2862), so as to add a judge to said court; to provide for the election and term of office of said additional judge; to continue the existing terms of the present judges of said court; to specify certain duties for the secretary of each judge; to provide said secretaries shall be deputy clerks; to provide for a chief deputy marshal of said court; to provide for the compensation of said chief deputy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3137), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2862), 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. Effective January 1, 1977, there shall be three judges of the State Court of DeKalb County. The judges in office on the effective date of this section shall continue to serve the terms of office to which they were elected. The judge added by this section shall be elected at the 1976 general election to a term of four years and until his successor is elected and qualified and shall take office on January 1, 1977. Successors to the judges in office on the effective date of this section and successors to the judge added by this section shall be elected at the general election in the year in which their respective terms expire and shall serve a term of four years and until their successor is elected and qualified. Section 2 . Said Act is further amended by adding following section 21 a new section to be designated section 21A, to read as follows: Section 21A. There shall be a chief deputy marshal appointed by the court whose salary shall be two (2) grades above that of the deputy marshal, and said chief deputy marshal shall receive full compensation for his longevity. Chief deputy marshal.

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Section 3 . Said Act is further amended by adding following section 34 a new section to be designated section 34A, to read as follows: Section 34A. The secretary of each judge shall prepare and send to the appellate courts all appeals from actions or orders of the respective judges, and shall be deputy clerks of said court. Secretary. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. An act to amend an Act 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, to provide for an additional judge; to provide for compensation of the judges of said court; to provide for costs in said court; to provide for a chief deputy marshal in said court; to provide an effective date; to repeal conflicting laws; and for other purposes. J. Oscar Mitchell, Judge Jack B. Smith, Judge State Court of DeKalb County 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 to Apply for Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the Dec. 25, Jan. 1 and Jan. 8 day of Dec. and Jan., 1975 and 1976. /s/ Gerald W. Crane, Publisher /s/ Samme K. Toycen, Agent

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Sworn to and subscribed before me, this 16th day of January, 1976. /s/ Samme K. Toycen Notary Public. My Commission Expires June 26, 1977. (Seal). Approved March 31, 1976. CERTAIN COUNTIESSUPERIOR COURT CLERKSPERSONNEL PROVIDED. (145,000 - 165,000). No. 1188 (House Bill No. 1726). An Act to fix the compensation of the clerks of the superior courts in certain counties; to provide for the employment and compensation of personnel within such clerks' offices; 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 . In all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census or any such future census, the clerks of the superior courts in such counties shall receive an annual salary of $16,200. Section 2 . Each of such clerks shall be authorized to employ the following number of personnel and to fix such personnel's monthly compensation at a figure not to exceed the following: Department 1700 Clerk of Superior Court 1 Porter $ 200.00 1 Real Estate Court Clerk I $ 400.21 2 Real Estate Court Clerk II $ 491.16 1 Chief Clerk of Court $ 900.00 4 Clerks of Court $ 634.00 2 Clerk I $ 354.00 3 Clerk II $ 390.00 2 Clerk II $ 446.00 2 Clerk II $ 470.00 1 Clerk III $ 498.56 1 Clerk III $ 514.61 1 Personalty Clerk $ 514.61 1 Microfilm Technician $ 504.59 1 Assistant Microfilm Technician $ 409.00 1 Accounting Clerk I $ 430.00 1 Janitor $ 148.57 Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CITY OF DALTONCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1190 (House Bill No. 1738). An Act to amend an Act amending the Charter of the City of Dalton, approved January 30, 1946, establishing the corporate limits of The City of Dalton and acts amendatory

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of said charter by incorporating in said city, parts of Land Lots Nos. 120, 121, 122, 146, 147, 157, 158, 159, 160, 184, 185, 195, 196, 197, 222, 223, 224, 232, 233, 260, 261, and 262 in the 12th District and 3rd section of Whitfield County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act amending the charter of The City of Dalton approved January 30, 1946, and subsequent to its passage ratified by the voters of The City of Dalton in an election duly called for the purpose of voting on said Act; and the same is hereby further amended as follows: Section 1 . That from and after the passage of this Act there be annexed to and incorporated in the corporate limits of The City of Dalton all the land located in Land Lots Nos. 120, 121, 122, 146, 147, 157, 158, 159, 160, 184, 185, 195, 196, 197, 222, 223, 224, 232, 233, 260, 261, and 262, in the 12th District and 3rd section of Whitfield County, Georgia, within the following described boundaries. Beginning at a point in Land Lot 147, 12th District, 3rd section, Whitfield County, Georgia, on the north right of way line of Willowdale Road at the intersection of the present corporate limits of The City of Dalton and the west line of Lot 20 of the E. B. White Subdivision; thence north along the west line of Lot 20 of said subdivision to a point at the northwest corner of Lot 20 of said subdivision; thence east along the north line of said subdivision to a point 752.4 feet west of the east line of Land Lot 147; thence north 0 degrees 10 minutes west to a point 50 feet south of the north line of Land Lot 147; thence west parallel with the north line of Land Lot 147 to a point on the east right of way of Crow Valley Road; thence north along the east right of way of Crow Valley Road 50 feet to a point on the north line of Land Lot 147; thence east along the north line of Land Lot 147 to a point 189 feet west of the east line of Land Lot 120 and a branch; thence along the meander line of the branch the following bearings and distances: North 11 degrees 36 minutes east 312.24 feet to a point; thence

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north 48 degrees 58 minutes west 460.7 feet to a point; thence north 48 degrees 51 minutes west 289.6 feet to a point at the intersection with another branch; thence north 89 degrees 19 minutes west 43.8 feet to a point; thence south 55 degrees 41 minutes west 194.1 feet to a point; thence south 86 degrees 17 minutes west 141.9 feet to a point; thence south 82 degrees 27 minutes west 93.8 feet to a point; thence north 81 degrees 06 minutes west 127 feet to a point; thence north 75 degrees 19 minutes west 97.9 feet to a point; thence south 79 degrees 59 minutes west 70.6 feet to a point; thence north 78 degrees 15 minutes 144.3 feet to a point thence north 75 degrees 05 minutes west 226.5 feet to a point on the east right of way line of Crow Valley Road; thence northeasterly along the easterly right of way of Crow Valley Road 591.9 feet to a point; thence north 90 degrees east 1915.47 feet to a point in Land Lot 121; thence south 03 degrees 32 minutes west 1365.81 feet to a point on the south line of Land Lot 121; thence west along the south line of Land Lot 121 to a point at the southwest corner of Land Lot 121; thence south along the east line of Land Lot 147 655.8 feet to a point; thence south 89 degrees 18 minutes west 200 feet more or less to a point at the northeast corner of Lot 28 of the E. B. White Subdivision; thence south along the east line of Lot 28 of said subdivision to a point at the southeast corner of Lot 28 of said subdivision and the north right of way of Willowdale Road; thence westerly along the north right of way of Willowdale Road to the point of beginning. Also beginning at a point on the east line of Land Lot 224 300 feet north of the southeast corner of Land Lot 224 at the corporate limits; thence west 600 feet to a point; thence north to a point on the north line of Land Lot 224 600 feet west of the northeast corner of Land Lot 224; thence north 300 feet to a point in Land Lot 195; thence east 600 feet to a point on the east line of Land Lot 195 and the corporate limits; thence south along the east lines of Land Lots 195 and 224 and the corporate limits to the point of beginning. Also beginning at a point at the present corporate limits and the east right of way of West Mount Haven Drive;

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thence north along the east right of way of West Mount Haven Drive to a point at the northwest corner of Lot 8 of the College Heights Subdivision; thence south 89 degrees 09 minutes east 215 feet to a point at the southeast corner of Lot 9 of said subdivision; thence north 07 degrees 23 minutes west to a point at the northeast corner of Lot 10 of said subdivision; thence south 87 degrees 0 minutes west to a point at the southwest corner of Lot 14 of said subdivision; thence north 0 degrees 27 minutes east along the west line of said subdivision to a point at the northwest corner of Lot 15 of said subdivision; thence north 87 degrees 0 minutes east 250 feet to a point at the northeast corner of said subdivision; thence north 87 degrees 45 minutes east 311.18 feet to a point; thence south 0 degrees 36 minutes west 29.79 feet to a point; thence north 89 degrees 56 minutes 30 seconds east 73.4 feet to a point; thence north 87 degrees east to a point on the present corporate limits at the west right of way of Interstate 75; thence south along the west right of way of Interstate 75 and the present corporate limits to a point 300 feet north of the south line of Land Lot 196; thence west along the present corporate limits and parallel to the south line of Land Line 196 to a point on the right of way of West Mount Haven Drive and the point of beginning. Also beginning at a point at the northeast corner of Land Lot 262 at the present corporate limits of The City of Dalton; thence south along the east line of Land Lot 262 to a point equidistant from the northeast corner and southeast corner of Land Lot 262; thence west to a point on the west line of Land Lot 262 equidistant from the southwest corner and northwest corner of Land Lot 262; thence north along the west line of Land Lot 262 to a point at the southeast corner of Land Lot 232; thence west along the south line of Land Lot 232 741 feet to a point; thence north 600 feet to a point; thence east 246 feet to a point; thence north 1392.3 feet to a point; thence east 495 feet to a point on the east line of Land Lot 232; thence north along the east line of Land Lot 232 700 feet to a point at the northwest corner of Land Lot 233; thence east along the north line of Land Lot 233 to a point at the northeast corner of Land Lot

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233; thence south along the east line of Land Lot 233 to a point at the southeast corner of Land Lot 233 and the point of beginning. Also beginning at a point at the present corporate limits of the south right of way of Walnut Avenue 630.85 feet east of the west line of Land Lot 260; thence south 12 degrees 56 minutes west 839.2 feet to a point; thence north 89 degrees 38 minutes 14 seconds west 454.93 feet to a point on the west line of Land Lot 260; thence north along the west line of Land Lot 260 to a point 507 feet south of Walnut Avenue right of way; thence north 81 degrees 05 minutes west 525 feet to a point at the west side of a 50 foot drive; thence north 69 degrees 57 minutes west 425.16 feet to a point on the east right of way of Interstate 75; thence northeasterly along the easterly right of way of Interstate 75 to a point on the south right of way of Walnut Avenue; thence east along the south right of way of Walnut Avenue 499.8 feet to a point at the intersection of the south right of way of Walnut Avenue with a 50 foot drive; thence south 03 degrees 06 minutes west along the east side of the 50 foot drive 200 feet to a point; thence south 82 degrees 28 minutes east to a point; thence north 03 degrees 06 minutes east 200 feet to a point on the south right of way of Walnut Avenue; thence easterly along the south right of way of Walnut Avenue to the point of beginning. Also beginning at a point on the present corporate limits at the intersection of the north right of way of Walnut Avenue with the east right of way of Interstate 75; thence east along the north right of way of Walnut Avenue 276.4 feet to a point; thence north 0 degrees 45 minutes east to a point on the north line of Land Lot 161; thence west along the north line of Land Lot 161 to a point on the west right of way of Interstate 75; thence south along the east side of Interstate 75 to a point on the north right of way of Walnut Avenue and the point of beginning. Also beginning at a point at the northwest corner of Land Lot 260 at the present corporate limits of The City of Dalton; thence east along the north line of Land Lot 260 to a point

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on the west right of way line of Tibbs Road; thence in a southeasterly direction along the right of way of Tibbs Road to a point at the north right of way of Walnut Avenue; thence westerly along the north right of way of Walnut Avenue to a point on the west line of Land Lot 260; thence north along the west line of Land Lot 260 to the northwest corner of Land Lot 260 and the point of beginning. Also beginning at a point at the intersection of the present corporate limits with the north right of way of Walnut Avenue; thence westerly along the north right of way of Walnut Avenue to a point 239 feet east of the intersection of Walnut Avenue with Tibbs Road; thence north 11 degrees 40 minutes east to a point on the present corporate limits; thence southeasterly along the present corporate limits to the north right of way of Walnut Avenue and the point of beginning. Also beginning at a point in Land Lot 185 on the corporate limits at the intersection of the west right of way of Interstate 75 with the northeast right of way of Tibbs Road; thence north along the east right of way of Tibbs Road to a point on the north line of the Willowdale Subdivision; thence west to a point on the west right of way of Tibbs Road and the northeast corner of Lot 73 of the Willowdale Subdivision; thence west along the north line of the Willowdale Subdivision 318.5 feet to a point; thence north 21 degrees 35 minutes east 123.7 feet to a point; thence north 87 degrees 22 minutes east 273.29 feet to a point on the west right of way of Tibbs Road; thence east to a point on the east right of way of Tibbs Road; thence south along the east right of way of Tibbs Road to a point on the north line of the Willowdale Subdivision; thence east along the north line of the Willowdale Subdivision to a point on the west right of way of Interstate 75 and the corporate limits; thence south and west along the west right of way of Interstate 75 and the corporate limits to the east right of way of Tibbs Road at the point of beginning. Also beginning at a point on the north line of Land Lot 185 at the corporate limits at the intersection of the east

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right of way of Tibbs Road and the south right of way of Interstate 75; thence east along the north line of Land Lot 185, the corporate limits and south right of way of Interstate 75 to a point; thence south along the corporate limits and the west right of way of Interstate 75 to a point on the west right of way of Interstate 75 1384.5 feet more or less south of the north line of Land Lot 185; thence north 89 degrees 14 minutes west to a point on the easterly right of way of Tibbs Road and the corporate limits; thence northwesterly and northeasterly along the easterly side of Tibbs Road and the corporate limits to the north line of Land Lot 185 and the point of beginning. Also beginning at a point on the south line of Land Lot 158 at the corporate limits and the southwest corner of Lot 148 of the Mountain View Subdivision; thence north 01 degree west along the west line of Lot 148 344 feet more or less to a point at the northwest corner of Lot 148 of said subdivision and the intersection of the east right of way of Mountain View Terrace with the south right of way of Aldean Street; thence east along the south right of way of Aldean Street to a point due south of the southwest corner of Lot 118 of said subdivision; thence north across Aldean Street and continuing north along the west lines of Lots 118 and 57 of said subdivision and across Francis Street to a point on the north right of way of Francis Street; thence west along the north right of way of Francis Street and across an unnamed street to a point at the intersection of the north right of way of Francis Street with the northwesterly right of way of said unnamed street; thence south 89 degrees 50 minutes west 104 feet along the north right of way of Francis Street and across Mountain View Terrace to a point on the west right of way of Mountain View Terrace; thence south 0 degrees 10 minutes east along the west right of way of Mountain View Terrace 163.1 feet to a point; thence south 37 degrees 21 minutes west 34 feet to a point; thence north 28 degrees 28 minutes west 283.1 feet to a point; thence north 18 degrees 18 minutes west 250 feet to a point; thence north 01 degree 30 minutes east 481.2 feet to a point; thence north 56 degrees 41 minutes east 158.7 feet to a point; thence north 33 degrees 54 minutes west 50 feet to a

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point; thence north 57 degrees 14 minutes east 300 feet to a point on the southwesterly right of way of U. S. 41; thence northwesterly along the southwesterly right of way of U. S. 41 and across King Road to a point at the intersection of the southwesterly right of way of U. S. 41 with the northwesterly right of way of King Road; thence southwesterly along the northwesterly right of way of King Road 863 feet to a point in Land Lot 157; thence west 962 feet to a point; thence north 1171.70 feet to a point; thence east 274 feet to a point; thence north 60 degrees 37 minutes east 436.9 feet to a point on the southwesterly right of way of U. S. 41; thence southeasterly along the southwesterly right of way of U. S. 41 to a point at the intersection of the southwesterly right of way of U. S. 41 with the southeasterly right of way of Willowdale Road extended to the southwesterly right of way of U. S. 41; thence southeasterly along the southwesterly right of way of U. S. 41 300 feet to a point in Land Lot 158; thence north 39 degrees 08 minutes east to a point on the northeasterly right of way of U. S. 41; thence north 39 degrees 08 minutes east 150 feet to a point; thence south 50 degrees 52 minutes east to a point; thence north 39 degrees 8 minutes east 440 feet more or less to a point on the westerly right of way of Interstate 75 and the corporate limits; thence southeasterly along the westerly right of way of Interstate 75 and the corporate limits to a point in the center of Old Mill Creek bed; thence south, west, and north along the center line of Old Mill Creek bed 390 feet to a point; thence north 37 degrees 02 minutes west 362.87 feet to a point on the south right of way of a drive; thence south 60 degrees west 195 feet along the south side of said drive to a point on the northeasterly right of way of U.S. 41 and the corporate limits at the right of way of Interstate 75; thence northwesterly along the corporte limits and the right of way of Interstate 75 to a point at the northwest corner of the right of way of Interstate 75 and the corporate limits; thence southeasterly along the southwesterly right of way of Interstate 75 (corporte limits) to a point on the south line of Land Lot 158; thence south 89 degrees west along the south line of Land Lot 158 (corporate limits) to the point of beginning.

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Also beginning at a point on the west line of Land Lot 159 at the corporate limits on the north right of way of Interstate 75; thence north along the west line of Land Lot 159 to a point on the south right of way of the Western and Atlantic Railroad; thence easterly along the south right of way of the Western and Atlantic Railroad 238.89 feet to a point; thence north to a point in Land Lot 146 on the south right of way of Willowdale Road; thence easterly along the south right of way of Willowdale Road 997.70 feet to a point; thence south to a point in Land Lot 159 on the south right of way of the Western and Atlantic Railroad; thence easterly along the south right of way of the Western and Atlantic Railroad to a point in Land Lot 147 2043.5 feet east of the west line of Land Lot 159 as measured along the south right of way line of the Western and Atlantic Railroad; thence south 0 degrees 41 minutes east to a point in Land Lot 159 on the north right of way of U. S. 41; thence westerly along the north right of way of U. S. 41 1292.81 feet to a point; thence north 68 degrees 30 minutes west 195 feet to a point; thence south 24 degrees 26 minutes west 239.32 feet to a point; thence south 72 degrees 40 minutes east 160 feet to a point on the north right of way of U. S. 41; thence southwesterly along the north right of way of U. S. 41 430 feet to a point; thence north 33 degrees 10 minutes west 180 feet to a point; thence south 56 degrees 08 minutes west to a point; thence south 15 degrees 10 minutes east 108.3 feet to a point on the northwesterly right of way of Interstate 75 and U. S. 41 at the corporate limits; thence south 56 degrees 50 minutes west along the northwesterly right of way of Interstate 75, U. S. 41, and corporate limits to the west line of Land Lot 159 and the point of beginning. Also beginning at a point on the south line of Land Lot 184 at the southwest corner of the R. R. Burleyson Subdivision and the corporate limits; thence north 0 degrees 13 minutes west along the west line of said subdivision to a point at the southwest corner of Lot 17 of said subdivision; thence northeasterly along the line of Lot 17 of said subdivision to a point at the southeast corner of Lot 17 of said subdivision and the west right of way of Covie Drive; thence

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northwesterly along the right of way of Covie Drive to a point at the northeast corner of Lot 16 of the said subdivision; thence southwesterly along the line of Lot 16 of said subdivision to a point at the northwest corner of Lot 16 of said subdivision; thence north 0 degrees 13 minutes west to a point at the southwest corner of Lot 13 of said subdivision; thence northeasterly along the line of Lot 13 of said subdivision to a point at the southeast corner of Lot 13 of said subdivision and the westerly right of way of Covie Drive; thence northeasterly to a point on the easterly right of way of Covie Drive and the southwest corner of Lot 33 of said subdivision; thence northeasterly along the line of Lot 33 of said subdivision to a point at the southeast corner of Lot 33 of said subdivision; thence northerly along the line of Lot 33 of said subdivision to a point at the northeast corner of Lot 33 of said subdivision; thence southwesterly along the line of Lot 33 of said subdivision to a point at the northwest corner of Lot 33 and the easterly right of way of Covie Drive; thence west to a point on the westerly right of way of Covie Drive; thence northerly along the westerly right of way of Covie Drive to a point at the northeast corner of Lot 11 of said subdivision; thence westerly along the line of Lot 11 of said subdivision to a point at the northwest corner of Lot 11 of said subdivision; thence north 0 degrees 13 minutes west along the west line of said subdivision to a point at the northeast corner of Lot 104 of the Willowdale Subdivision; thence north 89 degrees 40 minutes west to a point on the east right of way of Shugart Road; thence south 0 degrees 29 minutes 30 seconds west along Shugart Road 803.5 feet to a point on the east right of way of Shugart Road; thence west 381.2 feet to a point on the east line of Land Lot 185; thence north along the east lines of Land Lots 185 and 158 to a point at the southwest corner of Lot 47 of the Willowdale Subdivision; thence east along the south lines of Lots 47, 46, 45, and 44 of said subdivision to a point in Land Lot 159 at the southeast corner of Lot 44 of said subdivision and the right of way of Shugart Road; thence north along the west right of way of Shugart Road to a point at the south right of way of Interstate 75 and U. S. 41 corporate limits; thence westerly and southerly along the easterly right of way

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of Interstate 75 and the corporate limits through Land Lots 158 and 185 to a point on the south line of Land Lot 185; thence north 89 degrees 36 minutes east 467.5 feet to a point at the center line of McLellan Creek; thence southerly along the center line of McLellan Creek through Land Lots 196 and 197 to a point on the north line of Land Lot 222 and the corporate limits; thence east along the north line of Land Lot 222 and the corporate limits to a point on the west right of way of Tibbs Road; thence south along the west right of way of Tibbs Road and the corporate limits to a point at the intersection of the corporate limits; thence east along the corporate limits to a point at the intersection of the corporate limits; thence northerly along the corporate limits to a point on the south line of Land Lot 197; thence west along the south line of Land Lot 197 and the corporate limits to a point at the southeast corner of Dug Gap Valley Estates; thence north along the east line of Dug Gap Valley Estates and the corporate limits 1296.4 feet to a point in Land Lot 197; thence east along the line of Dug Gap Valley Estates and the corporate limits 80 feets to a point; thence north along the east line of Dug Gap Valley Estates and the corporate limits 1331.4 feet to a point on the north line of Land Lot 197; thence east along the north line of Land Lot 197 and the corporate limits 84.6 feet to a point at the southwest corner of the R. R. Burleyson Subdivision and the point of beginning. Also beginning at a point in Land Lot 223 on the east right of way of Interstate 75 and the corporate limits 654.1 feet south of the north line of Land Lot 223; thence south along Interstate 75 and the corporate limits 704.7 feet to a point at the southwest corner of Vinings and Parks Subdivision and the corporate limits; thence east along the corporate limits to a point on the east line of Land Lot 223; thence north along the east line of Land Lot 223 to a point on the south right of way of Tiffany Lane; thence east along the south right of way of Tiffany Lane to a point in Land Lot 222 on the center line of McLellan Creek and the corporate limits; thence northerly along the center line of McLellan Creek and the corporate limits 523.9 feet to a point; thence south 81 degrees 12 minutes west 78 feet to a

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point; thence south 86 degrees 53 minutes 49 seconds west 156.7 feet to a point; thence south 30 degrees 30 minutes west 64.5 feet to a point; thence south 240.5 feet to a point on the north right of way of Tiffany Lane; thence west along the north right of way of Tiffany Lane to a point in Land Lot 223 at the east line of Vinings and Parks Subdivision; thence north 0 degrees 15 minutes east to a point at the northeast corner of the Vinings and Parks Subdivision and the corporate limits; thence west along the north line of Vinings and Parks Subdivision and the Corporate limits to the east right of way of Interstate 75 and the point of beginning. Also beginning at a point at the southeast corner of Land Lot 159 and the corporate limits; thence west along the south line of Land Lot 159 to a point at the southwest corner of Price Hills Subdivision; thence north along the west line of Price Hills to a point on the north right of way of Moice Drive; thence northwesterly along the north right of way of Moice Drive to a point to the northwest corner of Lot 79 of the Willowdale Subdivision and the corporate limits; thence northeasterly along the corporate limits to a point at the southwest corner of Lot 38 of the Willowdale Subdivision; thence northerly along the corporate limits to a point at the northwest corner of Lot 38 of the Willowdale Subdivision and the southwesterly right of way of U. S. 41; thence northeasterly along U. S. 41 to a point at the center line of Lot 34 of the Willowdale Subdivision; thence southeasterly parallel with the westerly line of Lot 34 of the Willowdale Subdivision to a point on the northerly line of the Price Hills Subdivision; thence northeasterly along the northerly line of Price Hills Subdivision to a point on the east line of Land Lot 159 and the northeast corner of Price Hills Subdivision; thence south along the east line of Land Lot 159 to a point at the southeast corner of Lot 66 of the Price Hills Subdivision; thence westerly to a point at the northeast corner of Lot 66 of Price Hills Subdivision; thence south to a point at the southeast corner of Lot 67 of the Price Hills Subdivision and the north right of way of Moice Drive; thence east along the north right of way of Moice Drive to a point on the east line of Land Lot

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159; thence north along the east line of Land Lot 159 112 feet to a point; thence south 89 degrees 15 minutes east 971 feet to a point in Land Lot 160; thence south 0 degrees 43 minutes east 196.3 feet to a point; thence south 0 degrees 32 minutes east 480 feet to a point on the south line of Land Lot 160 and the north right of way of Burleyson Road at the corporate limits; thence west along the south line of Land Lot 160 and the corproate limits to a point at the southeast corner of Land Lot 159 and the point of beginning. Also beginning at a point on the south line of Land Lot 160 and the north right of way of Burleyson Road at the corporate limits 102.4 feet west of the west right of way of U. S. 41; thence north 27 degrees 30 minutes west 150 feet to a point; thence west 125 feet to a point; thence northwesterly 100 feet to a point 225 feet west of the right of way of U. S. 41; thence west 496.9 feet to a point; thence south 0 degrees 32 minutes east 229.5 feet to a point on the south line of Land Lot 160 and the north right of way of Burleyson Road at the corporate limits; thence east along the corporate limits and north right of way of Burleyson Road to the point of beginning. Also beginning at a point in Land Lot 160 on the east right of way of U. S. 41 at the corporate limits; thence northerly along the east right of way of U. S. 41 390 feet to a point; thence east 300 feet to a point; thence south 24 degrees 42 minutes 30 seconds east to a point on the corporate limits; thence westerly along the corporate limits to the east right of way of U. S. 41 and the point of beginning. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia

Page 3505

a bill to extend the corporate limits of The City of Dalton, Georgia; and for other purposes. Charles A. Bramlett, Mayor The City of Dalton Affidavit of Publication. This is to certify that the attached published legal notice appeared for three consecutive weeks in issues of The Daily Citizen-News, Dalton, Ga.; on the following dates: Dec. 26, 1975; Jan. 2, 9, 1976. This affidavit sworn to and subscribed before me, on the 30th day of January, 1976. George N. Clarke Publisher /s/ Louise B. Hackney Notary Public. Commision expires September 28, 1976. (Seal). Approved March 31, 1976. NEWTON COUNTYBOARD OF EDUCATIONELECTION DISTRICTS CHANGED, ETC.REFERENDUM. No. 1191 (House Bill No. 1740). An Act 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 by an Act approved April 1, 1971 (Ga. L. 1971, p. 2881), so as to change the number of members of the board; to change the education districts; to provide for election of members by the electors

Page 3506

of the member's district only; to provide for the election, powers and duties of the chairman of the board; to terminate the existing terms of the members of the board; to provide for the election of members of the board at the 1976 general election; to provide for terms of office; to change the compensation of members of the board and the chairman; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405) as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 2881), 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 Board of Education of Newton County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of Newton County, the Newton County School District shall be divided into five (5) education districts as follows: District 1 Covington CCD 5 ED 10, that portion south of the Georgia Railroad line which runs northeast out of the City of Covington and crosses the Alcovy River at the intersection of Alcovy Road and Hamby Lane ED 13, that portion south of Georgia Highway 81 Mansfield CCD 10 Yellow River CCD 20 District 2 Porterdale CCD 15, except ED 14

Page 3507

District 3 Covington CCD 5 ED 1 ED 10, that portion not included in District 1 ED's 11 and 12 ED 13, that portion not included in District 1 Porterdale CCD 15 ED 14 District 4 Covington CCD ED's 3, 4, 5 and 6 District 5 Covington CCD 5 ED's 2, 7, 8 and 9 For the purposes of this section, the designation `CCD' shall mean `Census County Division'; and the designation `ED' shall mean `Enumeration District'. The terms `Census County Division' and `Enumeration District' 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. 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) There shall be elected to the Board of Education of Newton County one member from each of the education districts provided in section 1. Candidates may not offer for election to the board from any district other than the district in which their legal residence lies. Each member of the board shall be elected by the qualified electors of the education district he represents only. Section 3 . Said Act is further amended by striking section

Page 3508

4 in its entirety and substituting in lieu thereof a new section 4, to read as follows: Section 4. The terms of office of the members of the Board of Education of Newton County in office on December 31, 1976, shall expire on January 1, 1977. At the 1976 general election, members of the board from all five education districts provided in section 1 shall be elected. The members of the board elected at said election from education districts 1, 3 and 5 shall take office on January 1, 1977, and shall serve terms of two years and until their successors are elected and qualified. The members of the board elected at said election from education districts 2 and 4 shall take office on January 1, 1977, and shall serve terms of four years and until their successors are elected and qualified. Thereafter, successors to members of the board shall be elected at the general election immediately preceding the expiration of the member's term of office, shall take office on the first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified. Section 4 . Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5, to read as follows: Section 5. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of their members as chairman to serve for a term of two years, and such other officers as the board shall determine. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $100.00 per month, and the chairman shall be compensated in the amount of $200.00 per month. The members and the chairman shall also receive reimbursement for actual and necessary expenses incurred in carrying out their official duties. Section 5 . 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:

Page 3509

Section 6. In the event any vacancy occurs in the office of a member of the Board of Education of Newton County, the remaining members of the board shall select a successor to fill such vacancy until the next general election, at which time a successor shall be elected by the qualified electors of the education district from which the member was elected whose position is vacant, to serve out the unexpired term. In the event the vacancy occurs in the office of chairman of the board, the remaining members shall elect from one of their members a new chairman to serve out the unexpired term of office. The Board of Education of Newton County created by this Act shall be the successor to all the rights, powers, duties and obligations of the old Board of Education of Newton County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancy. Section 6 . 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 Newton County to issue the call for an election for the purpose of submitting this Act to the electors of the Newton 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 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 Newton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the number of members of the Board of Education of Newton County, changing the education districts, providing for the election of members by the electors of the member's district only, providing for the election, powers and duties of the chairman, terminating the existing terms of the members of the board, providing for the election of the members

Page 3510

at the 1976 general election and changing the compensation of the members of the and the 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 in accordance with the provisions of section 7, 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 7 . Section 6 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. Subject to the approval of this Act as provided in section 6, the other sections of this Act shall become effective on January 1, 1977, except that the provisions of sections 1, 2 and 3 necessary for the election of the members of the Board of Education of Newton County at the 1976 general election shall become effective upon the approval of this Act as provided in section 6. 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. There will be introduced at the regular 1976 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 change the number of members and the education districts of the board; to provide the procedure for election of members; to terminate the existing terms of the members of the board and provide for the election of members of the board at the 1976 general election; to change the compensation of members of the board; to provide for other matters relative to the foregoing; to provide for a

Page 3511

referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. This 26th day of Dec. 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: December 30, 1975 and January 8, 15, 1976. /s/ Bobby Sigman Representative, 74th District Sworn to and subscribed before me, this 19th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. UPSON COUNTYPROBATE COURT JUDGEBUDGET, ETC. No. 1193 (House Bill No. 1743). An Act to amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation, approved February 28,

Page 3512

1966 (Ga. L. 1966, p. 2091), so as to strike therefrom the word ordinary in every instance in which it appears and to insert in lieu thereof the phrase judge of the probate court; to change the provisions relative to the compensation of the clerk and other personnel in the office of the judge of the probate court; to provide for the judge of the probate court to submit an annual budget to the Board of Commissioners; to provide for procedures connected therewith; to provide for the adoption of a budget; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2091), is hereby amended by striking therefrom the word ordinary in each and every instance where such word appears in said Act and by substituting in lieu thereof the phrase judge of the probate court. 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 judge of the probate court of said county shall have the authority to employ such personnel (in addition to a clerk which he may appoint under Georgia Code section 24-1801, as amended) as he shall determine necessary to efficiently and effectively discharge the duties of his office; provided, however, the compensation paid to any such personnel or to any such clerk from funds of Upson County shall not exceed such sum as is, from time to time, approved by the Board of Commissioners of Upson County. 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 in his office and to prescribe their duties and assignments and to remove and replace them at will and within his sole discretion, subject, however, to the power of

Page 3513

the Board of Commissioners of Upson County to fix the compensation of each of such persons. Personnel. Section 3 . Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The compensation of the judge of the probate court, the compensation of his clerk and other personnel, as herein provided for and subject to the limitations herein prescribed, and the costs of materials, supplies, furnishings, furniture and utilities shall, subject to the budget requirements of this Act, be paid by the county; provided, however, that the total expenses incurred by the judge of the probate court shall not exceed the budget submitted by the judge of the probate court as finally approved in accordance with the provisions hereinafter further set out in this section. The judge of the probate court shall submit a budget to the Board of Commissioners of Upson County, in such form as may be required by said Board, on or before November 15th of each year for the operation of his office for the ensuing calendar year. In the event the judge of the probate court fails to submit a budget as required herein, the Board of Commissioners of Upson County shall adopt an adequate budget for the operation of his office. In the absence of objections of said Board of Commissioners of Upson County, within fifteen (15) days after November 15th of each year (Sundays excepted), the budget submitted by the judge of the probate court shall stand approved and said budget shall become an obligation of Upson County. Budget. In the event the Board of Commissioners shall object to or disagree with said budget, it shall, within fifteen (15) days after November 15th of each year (Sundays excepted), notify the judge of the probate court of its objections to said budget. Said notice shall be in writing and personally delivered to the judge of the probate court if he be then found in the county, otherwise said notice shall be mailed by registered mail to his residence address. Said notice shall set a date for the judge of the probate court to appear

Page 3514

before the Board of Commissioners, which date shall be not less than five (5) days nor more than fifteen (15) days from the date of the notice as hereinabove required. At said date the Board of Commissioners shall afford the judge of the probate court an opportunity to submit to it evidence relating to his submitted budget and after hearing from him the said Board of Commissioners shall prepare and adopt a budget for said judge of the probate court and the budget so prepared by it shall be final and conclusive. The final budget so prepared and adopted shall be an obligation of Upson County. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1976 Regular Session of the General Assembly of Georgia a local Bill to change the term `Ordinary' to the phrase `Judge of the Probate Court' in the local Act regulating the budget of the Probate Court; to provide that the compensation to be paid the Clerk of said Court and the other personnel employed therein shall be fixed by the Board of Commissioners of Upson County; to repeal conflicting laws; and for other purposes. This 22 day of Dec., 1975. D. Marvin Adams Representative in the General Assembly for the 79th House District of Georgia. Peter L. Banks Senator in the General Assembly for the 17th Senatorial District of Georgia.

Page 3515

Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared Leon Smith, who, on oath, says that he is the co-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 December 25, 1975, January 1, 1976 and January 8, 1976. /s/ Leon Smith Sworn to and subscribed before me, this 9th day of January, 1976. /s/ Brenda Sollenburger Notary Public, Upson County, Georgia. (Seal). Approved March 31, 1976. CITY OF SUMMERVILLECHARTER AMENDEDROAD CLOSING, ETC. No. 1194 (House Bill No. 1751). An Act to amend an Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, and granting a new charter to said city, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 3173), an Act approved March 27, 1972 (Ga. L. 1972, p. 2695), an Act approved April 3, 1972 (Ga. L. 1972, p. 3488), and an Act approved March 28, 1973 (Ga. L. 1973, p. 2311), so as to close a certain tract or parcel of land

Page 3516

which is a portion of the east end of First Street from the west edge of cemetery where same enters cemetery and to close the west end of Selman Drive where it intersects with Cemetery Street and to close the north end of Cemetery Street where it intersects Selman Drive at the edge of cemetery property; to transfer the public right, interest and title therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, and granting a new charter to said City, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 3173), an Act approved March 27, 1972 (Ga. L. 1972, p. 2695), an Act approved April 3, 1972 (Ga. L. 1972, p. 3488), and an Act approved March 28 1973 (Ga. L. 1973, p. 2311), is hereby amended by inserting, following section 35C, a new section to be designated section 35D, to read as follows: Section 35D. The following described portions of streets are hereby closed: All that tract or parcel of land being the east end of First Street from west edge of cemetery where same enters cemetery. All that tract or parcel of land being the west end of Selman Drive where it intersects with Cemetery Street. All that tract or parcel of land being the north end of Cemetery Street where same intersects Selman Drive at the edge of cemetery property. All of the right, title and interest of the public in said portions of said streets is hereby transferred to the property owner abutting said portions of said streets.

Page 3517

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 1976 session of the General Assembly of Georgia a bill for the purpose of closing the east end of First Street from West edge of cemetery where same enters cemetery and close also west end of Selman Drive where it intersects with Cemetery Street, closing north end of Cemetery Street where same intersects Selman Drive at the edge of cemetery property. This 6th day of January, 1976. John G. Crawford, Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 22, 29, and February 5, 1976. /s/ John Crawford Representative, 5th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3518

CITY OF WARNER ROBINSCHARTER AMENDEDCONTRACT PROVISIONS CHANGED, ETC. No. 1196 (House Bill No. 1757). An Act to amend an Act incorporating the City of Warner Robins, Georgia, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, so as to change the provisions relative to vacancies; to change the provisions relative to contracts and purchases by 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 Warner Robins, Georgia, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, is hereby amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows: Section 6. In the event of any vacancy in the office of the mayor or council by death, resignation or for any other cause other than the regular expiration of a term of office, the vacancy or vacancies shall be filled by special election to be held within 45 days after such vacancy occurs, and in such event the mayor or councilman, as the case may be, after taking oath, shall take office immediately; provided, however, that if any such vacancy in the council should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by appointment of a duly qualified person by the mayor and remaining members of the council; provided, further, that if any such vacancy in the office of mayor should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by the mayor pro tem for the remainder of the term of office, and the vacancy in the council shall be filled by appointment of a duly qualified person by the new mayor and remaining members of the council. Vacancy. Section 2 . Said Act is further amended by striking from subsection (6) of section 10 the following:

Page 3519

five hundred ($500.00) dollars, and inserting in lieu thereof the following: fifteen hundred ($1,500.00) dollars, so that when so amended, subsection (6) shall read as follows: (6) To make and execute all lawful contracts except as otherwise provided for herein, with the approval of the mayor and council on behalf of the city as to matters within their jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and council provided that no contract purchase, or obligation involving over fifteen hundred ($1,500.00) dollars shall be valid and binding until after approval of the mayor and council, and in cases of purchases until after three competitive bids shall have been submitted in writing to the city manager. Contracts. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Recommended Amendments to the Charter of the City of Warner Robins. By official action of the governing body of the City of Warner Robins the following amendments to the Charter of the City of Warner Robins are hereby recommended for passage in the upcoming General Assembly: (1) Amendment to Increase the amount by which purchases may be made without necessity of bids from $500.00 to $1,500.00. 2) Amendment to provide that in the event of vacancy in a council post occurring within 180 days of the normal expiration of the vacant post, no special election will be held. 3) Amendment to provide for mandatory standing committees

Page 3520

to be appointed by the Mayor for a 1 year term. RECOMMENDED, this 5th day of January, 1976. Mayor and Council of the City of Warner Robins 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 organ of Houston County, on the following dates: January 15, 22, 29, 1976. /s/ Roy H. Watson, Jr. Representative, 114th District Sworn to and subscribed before me, this 5th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. FORT VALLEY REDEVELOPMENT AUTHORITY CREATED. No. 1197 (House Bill No. 1758). An Act to create the Fort Valley Redevelopment Authority; to define certain terms; to provide for the composition of the Authority, its powers, duties and compensation of

Page 3521

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 Peach to be known as the Fort Valley 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 Fort Valley Redevelopment Authority created by this Act. (b) City shall mean the City of Fort Valley, Georgia. (c) County shall mean Peach 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 to the Authority in matters relating to the revitalization and redevelopment of the Fort Valley 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 Fort Valley.

Page 3522

(g) Project areas shall mean those urban, central city or downtown areas within the City of Fort Valley 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 Fort Valley, Georgia. The members of said Authority shall be residents of Peach County. (b) Vacancies in the membership of the Authority shall be filled by the Mayor and City Council of the City of Fort Valley, 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, 1976; three members shall be appointed for a term ending December 31, 1977; and three members shall be appointed for a term ending December 31, 1978. 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 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 a 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

Page 3523

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 down-town areas of the City of Fort Valley (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

Page 3524

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 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

Page 3525

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 for 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 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

Page 3526

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 be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the

Page 3527

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 Fort Valley and Peach 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: (1) coordinating development and redevelopment by public and private enterprise;

Page 3528

(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, 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

Page 3529

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 Fort Valley by resolution may establish an advisory committee to the Authority. Said committee shall be composed of from ten to 20 citizens of Peach 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 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 Fort Valley and the County of Peach, either and both, are authorized and permitted to provide public funds to the Authority for the purposes of the Authority set forth in this Act; provided, however, that the debts of the Authority shall not constitute debts of the State nor of any city, town, municipality or county thereof.

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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 in valid 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 1976 session of the General Assembly of Georgia a bill to create a Fort Valley Redevelopment Authority and provide for its powers and duties; and for other purposes. This 16th day of January, 1976. Bryant Culpepper Representative, 98th District 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

Page 3531

the Leader Tribune which is the official organ of Peach County, on the following dates: January 22, 29, and February 5, 1976. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 5th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BARROW COUNTYSUPERIOR COURT CLERK, ETC.PERSONNEL SALARIES, ETC. No. 1198 (House Bill No. 1759). An Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2238), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2702), an Act approved April 18, 1969 (Ga. L. 1969, p. 2881), an Act approved February 25, 1970 (Ga. L. 1970, p. 2124), and an Act approved March 29, 1973 (Ga. L. 1973, p. 2538), so as to provide for determination of the number of and compensation of the employees of the Sheriff, Clerk of the Superior Court and Judge of the Probate Court; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff, Clerk of the Superior

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Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2238), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2702), an Act approved April 18, 1969 (Ga. L. 1969, p. 2881), an Act approved February 25, 1970 (Ga. L. 1970, p. 2124), and an Act approved March 29, 1973 (Ga. L. 1973, p. 2538), 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 Sheriff of Barrow County shall receive an annual salary of $10,000.00 per annum payable in equal monthly installments from the funds of Barrow County. The sheriff shall have the authority to appoint a secretary, deputies, jailers and other necessary personnel, who shall be compensated in equal monthly installments from the funds of Barrow County. It shall be within the sole power and authority of the sheriff to prescribe the compensation and number of the employees of his office, but the Board of Commissioners of Barrow County shall have final approval of the compensation of each such employee and the number of such employees. The county shall furnish the sheriff with vehicles and equipment. The county shall be responsible for the operating expenses, repairs, maintenance and replacement of such vehicles and equipment as the county deems necessary. Sheriff. Section 2 . Said Act is further 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 clerk of the superior court shall receive an annual salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Barrow County. The clerk of the superior court shall be allowed not less than two secretaries, each of whom shall be compensated in equal monthly installments from the funds of Barrow County. It shall be within the sole power and authority of the clerk of the superior court to prescribe the compensation of the employees of his office, but the Board of Commissioners of

Page 3533

Barrow County shall have final approval of the compensation of each such employee and, except as otherwise provided in this section, the number of such employees. Clerk. Section 3 . Said Act is further amended by striking section 4, thereof, in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The Judge of the Probate Court of Barrow County shall receive an annual salary of $7,000.00 per annum payable in equal monthly installments from the funds of Barrow County. The judge of the probate court shall be allowed not less than one secretary, who shall be compensated in equal monthly installments from the funds of Barrow County. It shall be within the sole power and authority of the judge of the probate court to prescribe the compensation of the employees of his office, but the Board of Commissioners of Barrow County shall have final approval of the compensation of each such employee, and except as otherwise provided in this section, the number of such employees. Probate court judge. Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1976 Session of the General Assembly of Georgia a Bill to amend the act creating the County of Barrow so as to change certain provisions relating to the number of and compensation of employees of the Sheriff, Ordinary and

Page 3534

Clerk of the Superior Court in Barrow County; and for other purposes. This 22nd day of December, 1975. John D. 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: December 23, 30, 1975 and January 7, 1976. /s/ John D. Russell Representative, 64th District Sworn to and subscribed before me, this 28th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF DULUTHCHARTER AMENDEDELECTION PROVISIONS CHANGED. No. 1199 (House Bill No. 1761). An Act to amend an Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, so as to change the provisions relative

Page 3535

to dates of elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. Be it further enacted by the authority aforesaid, that the municipal government of said City of Duluth shall consist of a mayor and five councilmen. The present mayor and councilmen of the City of Duluth shall continue in office until the expiration of the term for which they have been elected, and until their successors are elected and qualified, and they shall have and exercise all of the rights, powers and duties hereby conferred on the mayor and council of the City of Duluth. On the first Saturday in December, 1976, there shall be elected three councilmen, whose term of office shall be for 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; 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 Monday in January next following their election. On the first Saturday in December, 1977, there shall be elected a mayor and two councilmen, whose term of office shall be for two years, beginning on the first Monday in January, 1978, and each of said officers 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 a mayor and 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 Monday in January next following their election. Election. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3536

Public Notice. Notice is hereby given that there will be introduced in the General Assembly of Georgia, at the January session 1976, an act to amend the Charter of the City of Duluth, changing the date of municipal election from the 3rd Saturday in December of each year, to the first Saturday in December each year. Georgia, Gwinnett County. Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, Bruce R. Still, who being duly sworn, deposes and says on oath that he is the Publisher of The Home Weekly, a newspaper published in the City of Lawrenceville, being of general circulation and being the legal organ for County of Gwinnett, and that there has been deposited with said newspaper sufficient funds to cover the costs of publishing the Notice entered thereon in the matter of City of Duluth once a week for 3 weeks. January 21, 28 and February 4, 1976. /s/ Bruce R. Still Sworn to and subscribed before me, this 4th day of February, 1976. /s/ Betty M. Reepe Notary Public Gwinnett County, Georgia. (Seal). Approved March 31, 1976. LONG COUNTYBOARD OF EDUCATIONELECTION, ETC.REFERENDUM. No. 1200 (House Bill No. 1762). An Act to provide for the election of the Board of Education of Long County; to provide that the Board of Education of Long County shall be composed of five members; to

Page 3537

provide for education districts; to provide for qualifications, initial and regular terms of office, officers and compensation of members of the Board of Education; to provide a method for filling vacancies; to provide for other matters relative thereto; to provide for a referendum; to provide for effective dates; to repeal a specific Act; 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 Long County shall be composed of five members to be elected by the voters of the Long County School District as herein provided. For the purpose of electing the members of the Board of Education of Long County, the Long County School District is hereby divided into five education districts as follows: Districts. Education District 1 shall consist of the territory lying within the Beard's Creek G.M.D. No. 1672. Education District 2 shall consist of the territory lying within the Rye Patch G.M.D. No. 16. Education District 3 shall consist of the territory lying within the Oak Dale G.M.D. No. 1756. Education District 4 shall consist of the territory lying within the Ludowici G.M.D. No. 24. Education District 5 shall consist of all the territory lying within the Tibet G.M.D. No. 1544. (b) There shall be one member of the Board of Education residing within each of the five education districts, but candidates seeking election to the Board of Education shall be voted upon by the qualified voters of the entire Long County School District. Candidates shall not offer for election to the Board from any district other than that district in which they are legal residents.

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Section 2 . (a) The members of the Board of Education of Long County who were appointed by the Long County Grand Jury and members appointed by the Grand Jury to fill vacancies or terms expiring prior to January 1, 1977, shall continue in office until January 1, 1977, and until their successors are duly elected and qualified, as hereinafter provided. Election. (b) The first members of the Board of Education of Long County provided for herein shall be elected at the general election of 1976 and shall take office on the first day of January, 1977, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the 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. All members of said Board of Education shall be nominated and elected in accordance with the provisions of Code Title 34 known as the Georgia Election Code, as amended. Section 3 . At the first meeting of the Board in January of each year, the Board shall elect one of its members as chairman and such other officers as the Board shall desire. Chairman. Section 4 . Each member of the Board of Education shall be compensated in an amount not less than $100.00 nor more than $150.00 per month, the amount of such compensation, within such limitations, to be fixed by said Board of Education. Salaries. Section 5 . (a) Vacancies occurring on the Board of Education which occur within the first two years of a term of office shall be filled by the remaining members of the Board electing a successor to serve until the next general election at which time a successor shall be elected to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the Board electing a successor to serve out the unexpired term of office. Vacancies.

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(b) The Long County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the appointed Long County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education, except as otherwise provided by this Act. Section 6 . 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 Long County to issue the call for an election for the purpose of submitting this Act to the electors of the Long County School District for approval or rejection. The superintendent shall set the date of such election for May 4, 1976, and shall issue the call for such election at least 30 days prior to such date. 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 Long County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of the members of the Board of Education of Long County and providing for the compensation of said members 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 vote cast on such question are for approval of the Act, it shall become of full force and effect, as provided by section 7 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Long 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 7 . If this Act be approved at the referendum election provided for by section 6 above, this Act shall be

Page 3540

effective for the purpose of nominating and electing the members of the Long County Board of Education, as provided by this Act, upon the certification of the results of such referendum election and shall be effective for all other purposes on January 1, 1977. Effective date. Section 8 . If this Act be approved at the referendum election provided for by section 6 hereof, then, effective January 1, 1977, an Act providing for the compensation of the members of the Board of Education of Long County, approved March 22, 1974 (Ga. L. 1974, p. 2878) shall stand repealed in its entirety. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. To comply with a resolution adopted by the Long County Board of Commissioners, a bill will be introduced calling for a referendum on Wednesday, April 28, to determine whether the qualified voters of Long County wish to elect the members of the Long County Board of Education, or to continue having them appointed by the Grand Jury of Long County. Dewey Rush Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 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 15, 22, 29, 1976. /s/ Dewey D. Rush Representative, 121st District

Page 3541

Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. TOOMBS COUNTY BOARD OF COMMISSIONERSSALARY CHANGES. No. 1201 (House Bill No. 1767). An Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, is hereby amended by striking from section 7 the following: The chairman shall be compensated in an amount not to exceed $2,400.00 per annum, to be paid in equal monthly installments from the funds of Toombs County. Each of the other members of the board shall be compensated in an amount not to exceed $1,500.00 per annum, to be paid in equal monthly installments from the funds of Toombs County. The members of the board shall fix their compensation and the compensation of the chairman in an amount not to exceed the maximum amounts stated herein at the first regular meeting in January of each year.,

Page 3542

and inserting in lieu thereof the following: The chairman shall be compensated in an amount not less than $300.00 per month and not more than $350.00 per month, to be paid monthly from the funds of Toombs County. Each of the other members of the board shall be compensated in an amount not less than $150.00 per month and not more than $200.00 per month, to be paid monthly from the funds of Toombs County. The members of the board shall fix their compensation and the compensation of the chairman in an amount not less than the minimum amounts stated herein and not more than the maximum amounts stated herein., so that when so amended, section 7 shall read as follows: Section 7. The members of the board shall elect their own chairman and vice-chairman. Three (3) members of the board shall constitute a quorum for the conducting of the business of the board. The chairman shall be compensated in an amount not less than $300.00 per month and not more than $350.00 per month, to be paid monthly from the funds of Toombs County. Each of the other members of the board shall be compensated in an amount not less than $150.00 per month and not more than $200.00 per month, to be paid monthly from the funds of Toombs County. The members of the board shall fix their compensation and the compensation of the chairman in an amount not less than the minimum amounts stated herein and not more than the maximum amounts stated herein. All members of the board shall be reimbursed for actual expenses incurred while outside Toombs County on business of the County. The chairman of the board shall sign all checks issued by the board and the clerk of the board, provided for hereinafter, shall countersign such checks. 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.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To comply with a resolution adopted by the Toombs County Board of Commissioners, we will introduce at the 1976 session of the General Assembly of Georgia, legislation to change the salary of said Board. Dewey D. Rush 121st 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 21, 29, and February 4, 1976. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State of Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

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CITY OF BARNESVILLECHARTER AMENDEDVIOLATION PROVISIONS CHANGED. No. 1202 (House Bill No. 1768). An Act to amend an Act creating a new city charter for the City of Barnesville, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2006), as amended, so as to change the provisions relative to the punishments for violations of the laws and ordinances 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 city charter for the City of Barnesville, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2006), as amended, is hereby amended by striking in section 29(d), the following: $250.00, and substituting in lieu thereof, the following: $500.00, and by striking wherever it appears, the following: 90 days, and substituting in lieu thereof, the following: 50 days, so that when so amended, section 29(d) shall read as follows: (d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $500.00 and to imprisonment in the city prison or in the jail of Lamar County not exceeding 50 days, and to

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work and labor in the city public works gang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding 50 days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced in addition to and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner city tax executions are enforced. Violations. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply For Local Legislation. Georgia, Lamar County. Notice is hereby given that I shall introduce a bill in the 1976 session of the General Assembly of the State of Georgia, amending the 1953 Charter of the City of Barnesville, approved February 2, 1953, so as to increase the amount to be charged for police fines. This the 10th day of January 1976. J. R. Smith Representative for Legislative District containing the City of Barnesville 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

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the Barnesville News Gazette which is the official organ of Lamar County, on the following dates: January 15, 22, 29, 1976. /s/ J. R. Smith Representative, 78th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CRIMINAL COURT OF FULTON COUNTYPERSONNEL. No. 1203 (House Bill No. 1774). An Act to amend an Act providing 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) as amended particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3185); so as to provide that the Chief Deputy Clerk and the Director of the Traffic Violations Bureau shall be in the classified civil service of Fulton County; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing 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) as amended particularly by an Act approved April 17,

Page 3547

1975 (Ga. L. 1975, p. 3185), is further amended by inserting following section 3 of said Act a new section which shall be known as section 3A which shall read as follows: Section 3A. Notwithstanding any other provision of this Act the Chief Deputy Clerk of the Criminal Court of Fulton County and the Director of the Traffic Violations Bureau of the Criminal Court of Fulton County shall be in the classified service of Fulton County. Personnel. Section 2 . All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1976 Session of the General Assembly of Georgia a Bill to amend an Act providing 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) as amended particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3185) and for other purposes. John Tye Ferguson Webb, Parker, Young Ferguson Fulton County Attorneys Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the Vice-President of the Daily Report Company, publishers of the Fulton County Daily Report, official newswaper 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 23rd 30th days of January, 1976, and on the 6th days of February, 1976. As provided by law. /s/ Frances K. Beck

Page 3548

Subscribed and sworn to before me, this 6th day of February, 1976. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires October 24, 1979. (Seal). Approved March 31, 1976. PICKENS COUNTY SHERIFFADDITIONAL DEPUTY PROVIDED. No. 1204 (House Bill No. 1777). An Act to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2138), as amended by an act approved March 31, 1967 (Ga. L. 1967, p. 2396), and an Act approved April 28, 1969 (Ga. L. 1969, p. 3682), so as to authorize the appointment of an additional deputy sheriff under certain conditions and to provide for his compensation; to change the compensation of the existing 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 abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2138), as amended by an Act approved March 31, 1967 (Ga. L. 1967, p. 2396), and an Act approved April 28, 1969 (Ga. L. 1969, p. 3682), is hereby amended by striking from section 5 thereof the following: Each such deputy shall be compensated in an amount not less than $3,600.00 nor more than $6,000.00 per annum payable

Page 3549

in equal monthly installments from the funds of Pickens County. The sheriff shall be authorized to fix the compensation of one of said deputies, within the limitation herein provided, and the governing authority of Pickens County shall fix the compensation of the other deputy, within the limitation herein provided., and inserting in lieu thereof the following: Upon the recommendation of the grand jury and with the approval of the governing authority of Pickens County, said sheriff shall have additional authority to appoint a third deputy. Each deputy shall be compensated in the amount of $7,200.00 per annum, paid in equal monthly installments from the funds of Pickens County., and by striking from the last sentence of said section the following: its, and inserting in lieu thereof the following: his, so that when so amended said section shall read as follows: Section 5. The Sheriff of Pickens County shall have the authority to appoint two deputies. Upon the recommendation of the grand jury and with the approval of the governing authority of Pickens County, said sheriff shall have additional authority to appoint a third deputy. Each deputy shall be compensated in the amount of $7,200.00 per annum, paid in equal monthly installments from the funds of Pickens County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as deputies and 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

Page 3550

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 be introduced at the regular 1976 session of the General Assembly of Georgia a bill to amend an Act approved February 28, 1966 (Ga. L. 1966, p. 2138), as amended, so as to authorize the appointment of an additional deputy sheriff and to provide for his compensation; to change the compensation of existing deputy sheriffs; and for other purposes. This 16th day of January, 1976. Boyd Thomason 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 16, 23, 30, 1976. /s/ Boyd Thomason Representative, 8th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3551

CITY OF BLACKSHEARCHARTER AMENDEDJURISDICTION OF RECORDER'S COURT CHANGED. No. 1205 (House Bill No. 1778). An Act to amend an Act amending, consolidating, creating, revising and superseding the several Acts incorporating the City of Blackshear in the County of Pierce and State of Georgia, approved February 9, 1949 (Ga. L. 1949, p. 461), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2728), so as to change the jurisdiction of the recorder's court in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act amending, consolidating, creating, revising and superseding the several Acts incorporating the City of Blackshear in the County of Pierce and State of Georgia, approved February 9, 1949 (Ga. L. 1949, p. 461), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2728), is hereby amended by striking subsection (b) of section 75 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) The recorder is authorized and empowered to hear and try those charged with a violation of, or offense against, the bylaws, rules, regulations, ordinances, or laws of said city and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed $500.00, or by confinement in the city jail or stockade or elsewhere in a place of confinement as may be designated by the recorder or city council, not to exceed sixty days, or by labor on the streets or public works of said city under the control, supervision and discretion of the proper officers not to exceed four months. Jurisdiction. The recorder may sentence the defendant to either one or more of said penalties or any part thereof. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the

Page 3552

event the fines are not paid. The recorder may also require that the costs of prosecution shall be paid by the defendant. 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 1976 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Blackshear relative to Court fines. This 19th day of January, 1976. Paul W. Foster Representative, 152nd District, Post 1 Bobby Wheeler, Representative, 152nd District, Post 2 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 Blackshear Times which is the official organ of Pierce County, on the following dates: January 22, 29, and February 5, 1976. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3553

CITY OF ATLANTACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1206 (House Bill No. 1781). An Act to amend an Act creating a new charter for 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 provide 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 Atlanta, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is hereby amended by adding at the end of section 1-105 the following: The corporate limits of the City of Atlanta shall not contain the following described tract of land: Beginning on the south line of Dearborn Park Subdivision, section 1, as recorded in Plat Book 12, Page 2, in the office of the Clerk of the Superior Court of DeKalb County at a point located 10.4 feet, more or less, east of the west line of Lot 7, Block D, of said subdivision, said point being the intersection of the south line of said subdivision with the common north-south city limit line between Atlanta and Decatur and running thence westerly along the south line of said Lot 7, Block D, a distance of 10.4 feet, more or less, to the line dividing Lots 6 and 7, Block D, of said subdivision; thence northerly along the west line of said Lot 7, Block D, 192.5 feet, more or less, to the south right-of-way line of Chevelle Lane, formerly Boulevard Drive; thence northerly 60 feet, more or less, to the intersection of the north right-of-way line of Chevelle Lane, formerly Boulevard Drive, and the west line of Lot 45, Block C, of said subdivision; thence northerly along the west line of Lot 45, Block C, 259.4 feet, more or less, to the north line of Lot 45, Block C; thence southeasterly along the north line of Lot 45, Block C, 31.2 feet, more or less, to the west line of

Page 3554

Lot 14, Block C, of said subdivision; thence northeasterly along the west line of Lot 14, Block C, 254.5 feet, more or less, to the south right-of-way line of East Pharr Road, formerly Pharr Road; thence northerly 50 feet, more or less, to the intersection of the north right-of-way line of East Pharr Road and the west line of Lot 61, Block B, of said subdivision, thence northwesterly along the north right-of-way line of East Pharr Road 380 feet, more or less, to the east right-of-way line of South Candler Street, formerly Candler Road; thence northwesterly 60 feet, more or less, to a point at the intersection of the west right-of-way line of South Candler Street and the north right-of-way line of East Pharr Road, said point being on the city limit line between Atlanta and Decatur; thence due east along the city limit line between Atlanta and Decatur to a point 400 feet due east of the east right-of-way line of South Candler street; thence southerly along the city limit line between Atlanta and Decatur, parallel to and at a distance of 400 feet east from the east right-of-way line of South Candler Street, to south line of Dearborn Park Subdivision, Section 1, at the point of beginning. Section 2 . This Act shall become effective on July 1, 1976. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1976 session of the General Assembly of Georgia, which convenes on Monday, January 12, 1976, to amend the Charter of the City of Atlanta, the title of such bill or bills to be as follows: 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

Page 3555

March 16, 1973 (Ga. L. 1973, pp. 2188), as amended, and for other purposes. This 11th day of December 1975. William M. (Bill) Alexander Legislative Coordinator City of Atlanta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor Richardson who, on oath, deposes and says that she is Representative from the 52nd 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 31, 1975 and January 7, 14, 1976. /s/ Eleanor Richardson Representative, 52nd District Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. DECATUR COUNTYSUPERIOR COURT CLERK PLACED ON SALARY. No. 1207 (House Bill No. 1785). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary

Page 3556

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 repeal an Act placing the Clerk of Superior Court of Decatur County on a salary in lieu of fees, approved February 3, 1976 (Act No. 772, 1976 session); 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 Decatur County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2 . The clerk of the superior court shall receive an annual salary of $11,000.00, plus the additional sum of $100.00 per month as compensation for his services as Clerk of the State Court of Decatur County, payable in equal monthly installments from the funds of Decatur 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.

Page 3557

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 Decatur 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. 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 Decatur County. Expenses. Section 6 . An Act placing the Clerk of Superior Court of Decatur County on a salary in lieu of fees, approved February 3, 1976 (Act No. 772, 1976 Session), is hereby repealed in its entirety. Section 7 . This Act shall become effective on January 1, 1977. Effective date.

Page 3558

Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce in the 1976 regular session of the General Assembly of Georgia a bill placing the Clerk of Decatur Superior Court on a salary as provided by Ga. Code section 24-2750 et seq. This 10th day of December, 1975. Walter E. Cox Representative, 141st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox who, on oath, deposes and says that he is Representative from the 141st District, and that the above 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 13, 20 and 27, 1975. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3559

NEWTON COUNTY BOARD OF EDUCATIONCOMPETITIVE PURCHASE BIDDING REQUIRED. No. 1209 (House Bill No. 1792) An Act 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 by an Act approved April 1, 1971 (Ga. L. 1971, p. 2881), so as to provide for the regulation and recording of purchases; to provide for the approval of certain purchasing; to require competitive bids for certain purchases; 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 Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 2881), is hereby amended by adding following section 10 a new section to be designated section 11, to read as follows: Section 11. The superintendent shall keep a book of vouchers signed by the party or parties from whom supplies may be bought and by such party or parties itemized in every important particular, stating the number of articles or pounds, etc., rate, prices, the purpose for which to be used, and the total amount received. The superintendent shall keep all vouchers properly bound and accessible to public inspection and for the use of the grand jury or the auditor. The superintendent before making any purchase which individually or in an aggregate is in excess of $500.00, shall have the approval of the majority of the board in writing or competitive bids shall be taken; however, said bids may be waived by the majority consent of the board, the signing of said purchase order and said purchase order being entered into the minutes of the meeting when approved. Bids. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3560

Notice of Intention to Introduce Local Legislation. Notice is hereby given, that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to amend an act providing for a new Board of Education for Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, so as to require competitive bidding for certain purchases by the Board to repeal conflicting laws and other purposes. This 19th day of January, 1976. 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 22, 29, and February 5, 1976. /s/ Bobby Sigman Representative, 74th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3561

CITY OF PORTERDALECHARTER AMENDEDVACANCY PROVISIONS, ETC. No. 1210 (House Bill No. 1793). An Act to provide for the filling of vacancies which shall occur in the offices of mayor and councilman of the City of Porterdale; to provide that the mayor pro tempore shall act as the mayor in the absence, disability or inability of the mayor to serve; 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 the event a vacancy shall occur in the office of mayor of the City of Porterdale, a special election shall be conducted, within 45 days of the date such vacancy shall occur, for the purpose of electing a successor to serve out the unexpired term of office of said mayor. Special election. Section 2 . The mayor pro tempore shall act as the mayor in the absence, disability or inability of the mayor to serve. Mayor pro tempore. Section 3 . In the event a vacancy shall occur in the office of councilman, the council shall appoint a qualified citizen of the City of Porterdale to fill the vacancy until the next municipal general election, at which time a special election shall be conducted to fill the unexpired term of office in which the vacancy shall occur. In the event the term of office in which the vacancy shall occur shall expire within 90 days subsequent to the municipal general election, no special election shall be held, and the person appointed by the council to fill the vacancy shall serve out the unexpired term of office in which the vacancy has occurred. Vacancy. 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 3562

regular 1976 session of the General Assembly of Georgia a bill to provide for the filling of vacancies which shall occur in the office of Mayor and Councilmen, of the City of Porterdale, to provide that the Mayor Pro tem shall act as the Mayor in the absence, disability or inability of the Mayor to serve; to provide the procedures connected therewith to repeal conflicting laws and other purposes. This 19th day of January 1976. 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 22, 29 and February 5, 1976. /s/ Bobby Sigman Representative, 74th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3563

OCONEE COUNTY SHERIFFAUTOMOBILE PROVISIONS CHANGED. No. 1213 (House Bill No. 1806). An Act to amend to Act placing the Sheriff of Oconee County on a salary basis of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2430), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3915), so as to change the provisions relating to automobiles; to provide that the governing authority of Oconee County shall furnish the sheriff certain automobiles; to provide that the maintenance and operating expenses of such automobiles shall be paid from the funds of Oconee County; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Oconee County on a salary basis of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2430), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3915), is hereby amended by striking from section 2 of said Act the following: The sheriff shall be responsible for furnishing, maintaining and operating two automobiles for which he shall be compensated in an amount not less than eleven cents (.11) per mile, payable from the funds of Oconee County, for every mile traveled attending to official business., and by striking from section 2 of said Act the following: A mileage report shall be submitted by the 10th of each month. Section 2 . Said Act is further amended by adding, following section 2, a new section 2A, to read as follows: Section 2A. It shall be the duty of the governing authority of Oconee County to furnish the sheriff with not less than four appropriately equipped automobiles for use

Page 3564

by the sheriff and his deputies in the performance of their official duties. All costs and expenses of the operation and maintenance of such automobiles shall be paid from the funds of Oconee County. Automobiles. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to provide that all cars operated by the Sheriff's Department of Oconee County shall be owned and maintained by the Board of Commissioners of Oconee County; to provide for matters relative thereto; and for other purposes. This 20th day of January, 1976. Oconee County Board of Commissioners. Roy E. Berry, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark 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 Oconee Enterprise which is the official organ of Oconee County, on the following dates: January 22, 29, and February 5, 1976. /s/ Louie M. Clark Representative, 13th District

Page 3565

Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. OCONEE COUNTY SUPERIOR COURT CLERK PLACED ON SALARY. No. 1214 (House Bill No. 1807). An Act to abolish the present mode of compensating the Clerk of Superior Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the Clerk of Superior Court of Oconee County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2 . The Clerk of Superior Court shall receive an annual salary equal to the minimum annual salary provided for such clerk by an Act providing minimum salaries for clerks of superior courts, approved March 30, 1973 (Ga. L. 1973, p. 256), as the same may now or hereafter be amended.

Page 3566

Such salary shall be payable in equal monthly installments from the funds of Oconee County. Salary. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they are collected or received. At the time of each such monthly payment into the county treasury, the Clerk of Superior Court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4 . The Clerk of Superior Court shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the Clerk of 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 duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Personnel. Section 5 . The necessary operating expenses of the Clerk of Superior Court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies,

Page 3567

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 Oconee County. Expenses. Section 6 . This Act shall become effective 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 1976 session of the General Assembly of Georgia, a bill to change the form of compensation of the Clerk of Superior Court of Oconee County from the fee system to the salary system of compensation, effective January 1, 1977; to provide for matters relative thereto; and for other purposes. This 20th day of January 1976. Oconee County Board of Commissioners Roy E. Berry, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark 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 Oconee Enterprise which is the official organ of Oconee

Page 3568

County, on the following dates: January 22, 29 and February 5, 1976. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. OCONEE COUNTY BOARD OF COMMISSIONERSSALARY OF CHAIRMAN CHANGED. No. 1215 (House Bill No. 1808). 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, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 3224), so as to change the compensation of the Chairman of the Board of Commissioners of Oconee County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 3224), is hereby amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12, to read as follows: Section 12. The Chairman of the Board of Commissioners of Oconee County shall be paid the sum of $12,000 per

Page 3569

annum, payable in equal monthly installments from the funds of Oconee County. The remaining members of said board shall each be paid the sum of $100 per month for their services, said sum to be paid from the funds of Oconee County. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, a bill to change the compensation of the Chairman of the Board of Commissioners of Oconee County, effective, January 1, 1977; to provide for matters relative thereto; and for other purposes. This 20th day of January, 1976. Oconee County Board of Commissioners Roy E. Berry, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark 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 Oconee Enterprise which is the official organ of Oconee County, on the following dates: January 22, 29, and February 5, 1976. /s/ Louie M. Clark Representative, 13th District

Page 3570

Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. OCONEE COUNTY PROBATE COURT JUDGEPLACED ON SALARY. No. 1216 (House Bill No. 1809). An Act to abolish the present mode of compensating the Judge of the Probate Court of Oconee 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 Oconee 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 annual salary provided for such Judge by an Act providing minimum salaries for judges of probate courts, approved March 21, 1974 (Ga.

Page 3571

L. 1974, p. 455), as the same may now or hereafter be amended. Such salary shall be payable in equal monthly installments from the funds of Oconee County. Salary. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the 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 such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the 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. 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

Page 3572

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 Oconee County. Expenses. Section 6 . This Act shall become effective 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 1976 session of the General Assembly of Georgia, a bill to provide for a salary system of compensation in lieu of the fee system for the Probate Judge of Oconee County, effective January 1, 1977; to provide for other matters relative thereto; and for other purposes. This 20th day of January 1976. Oconee County Board of Commissioners. Roy E. Berry, Chairman Oconee County Board of Commissioners. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark 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 Oconee Enterprise which is the official organ of Oconee

Page 3573

County, on the following dates: January 22, 29 and February 5, 1976. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF PORT WENTWORTHCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1217 (House Bill No. 1810). 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 change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is hereby amended by adding at the end of section 2 of said Act the following: The corporate limits of the City of Port Wentworth are hereby extended beyond their present boundaries so as to include, in addition to the areas now embraced within the corporate limits of the City of Port Wentworth, all of the area and territory embraced and lying within the following described territory, to wit:

Page 3574

Commencing at a point where the southern right-of-way line of Godley Road intersects with the western right-of-way line of Georgia State Highway 21, said point being a western point of the City of Port Wentworth city limits, Chatham County, Georgia, and continuing in a westerly direction along the southern right-of-way line of Godley Road to a point of intersection with a southerly extension of the easterly property line of property of Union Camp Corp.; then along said southerly extension of said easterly property line northwesterly along said extension and said property line and then in a northerly direction along said Union Camp property line and the extension thereof to a point intersecting the northernmost branch of St. Augustine Creek, and then proceeding easterly along the northernmost branch of St. Augustine Creek until reaching a point intersecting the southernmost branch of St. Augustine Creek and then in an easterly direction along St. Augustine Creek to a point intersecting the western right-of-way line of the Seaboard Coast Line Railroad, and then proceeding northerly along the western right-of-way line of Seaboard Coast Line Railroad to a point intersecting the western right-of-way line of old Georgia Highway 21, and then proceeding in a northerly direction along the western right-of-way line of old Georgia Highway 21 to a point 500 feet north of old Georgia Highway 30 and then proceeding westerly along a parallel line to old Georgia Highway 30, at any given point being 500 feet north of Georgia Highway 30 until it intersects with a point on the eastern right-of-way line of the Savannah Electric and Power Company transmission lines and then proceeding north to a point on the southern right-of-way line of the new Georgia State Highway 30 and then continuing easterly along said right-of-way line until it intersects, at a point, with the western right-of-way line of Georgia State Highway 21 and then easterly on a diagonal line to the center of the roadbed of the old Richmond Road, on the east side of Georgia State Highway 21 and continuing easterly along the center of said road until it intersects a point on the western right-of-way line of Seaboard Coast Line and continuing in a southwesterly direction along said right-of-way line until it intersects the center line of Little Hearst Branch, and then in a westerly direction along the center of Little Hearst

Page 3575

Branch to the intersection of the eastern right-of-way line of new Georgia Highway 21 and then in a southerly direction along the eastern right-of-way line of new Georgia Highway 21 until it intersects with the city limits of Port Wentworth, Georgia, at Saint Augustine Creek. 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 1976 Session of the General Assembly a bill to amend the charter of the City of Port Wentworth so as to expand the City's corporate limits; and for other purposes. This 12th day of January, 1976. W. J. Chant Mayor 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: January 16, 23, 26, 1976. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me, this 10th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3576

COWETA COUNTYOFFICE OF TREASURER ABOLISHED, ETC. No. 1218 (House Bill No. 1811). An Act to abolish the office of Treasurer of Coweta County; to provide that the Board of Commissioners of Coweta County shall appoint depositories for county funds; to provide procedures connected with the foregoing; to provide for the construction of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The office of Treasurer of Coweta County is hereby abolished. It shall be the duty of the Board of Commissioners of Coweta County to appoint a chartered bank or chartered banks, which are located and doing business in Coweta County, as a depository or depositories of all funds of Coweta 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 Coweta 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. County 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 Coweta 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. Statement.

Page 3577

Section 5 . Said depository or depositories shall receive no compensation for acting as such depository. 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 1976 session of the General Assembly of Georgia, a bill to abolish the office of Treasurer of Coweta county; to provide that the Board of Commissioners of Coweta county shall appoint depositories for county funds; to provide procedures connected with the foregoing; to provide for the construction of this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1976. Nathan G. Knight, Representative, 67th District 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 The Newnan Times Herald which is the official organ of Coweta County, on the following dates: January 15, 22, 29, 1976. /s/ Nathan G. Knight Representative, 67th District Sworn to and subscribed before me, this 10th day of February, 1976. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved March 31, 1976.

Page 3578

OCONEE COUNTY TAX COMMISSIONERSALARY CHANGED, ETC. No. 1220 (House Bill No. 1817). An Act to amend an Act creating the office of Tax Commissioner of Oconee County, approved February 11, 1943 (Ga. L. 1943, p. 1091), as amended by an Act approved February 6, 1952 (Ga. L. 1952, p. 2166), so as to change the provisions relating to the compensation of the tax commissioner; to provide for the collection of fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of the tax commissioner's office; to provide for the employment of necessary personnel; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Tax Commissioner of Oconee County, approved February 11, 1943 (Ga. L. 1943, p. 1091), as amended by an Act approved February 6, 1952 (Ga. L. 1952, p. 2166), is hereby amended by striking section 4 of said Act, which reads as follows: Section 4. Be it further enacted by the authority aforesaid, that all fees, costs, commissions, and all other compensation heretofore allowed the tax-collector and tax-receiver of Oconee County by the State of Georgia for services rendered to the State and heretofore, paid by the State, shall be paid into the treasury of Oconee County, and that such sums as the State may hereafter allow shall be paid into said treasury., in its entirety, and inserting in lieu thereof a new section 4, read as follows: Section 4. On and after January 1, 1977, the tax commissioner shall diligently and faithfully undertake to collect all taxes, fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and

Page 3579

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; provided, however, that the 1976 tax commissioner shall be paid as a portion of his personal compensation those fees, commissions, costs, allowances and funds arising from the collection of taxes which were due on the 1976 and prior digests, which he would otherwise be entitled to receive as personal compensation as provided by the laws of this State, even though such funds are not collected until January 1, 1977, or thereafter. At the time of each 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 2 . Said Act is further amended by striking section 5, which reads as follows: Section 5. Be it further enacted by the authority aforesaid, that the said Tax Commissioner of Oconee County, Georgia, shall receive as compensation to be paid by Oconee County, a salary of $2,100.00 a year, payable in twelve (12) monthly or equal installments on the first day of each month., in its entirety, and inserting in lieu thereof a new section 5, to read as follows: Section 5. The Tax Commissioner of Oconee County shall receive as compensation to be paid by Oconee County a salary equal to the minimum salary which the tax commissioner would have received had he been serving as Judge of the Probate Court of Oconee County under the provisions of an Act providing minimum salaries for judges of the probate courts, approved March 21, 1974 (Ga. L. 1974, p. 455), as the

Page 3580

same may now or hereafter be amended; provided, however, that if the General Assembly enacts a general law which would provide for a higher minimum salary for tax commissioners than the tax commissioner would receive under the provisions of this section, then the Tax Commissioner of Oconee County shall receive such compensation as may be provided by said general law relating to the compensation of salaried tax commissioners. Salary. Section 3 . Said Act is further amended by inserting following section 7, a new section 7A, to read as follows: Section 7A. (a) The tax commissioner shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Personnel. (b) The necessary operating expenses of the tax commissioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Oconee County.

Page 3581

Section 4 . This Act shall become effective 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 1976 Session of the General Assembly of Georgia, a Bill to change the compensation of the Tax Commissioner of Oconee County to a salary form of compensation in lieu of all fees, effective January 1, 1977; to provide for matters relative thereto; and for other purposes. This 20th day of January, 1976. Oconee County Board of Commissioners Roy E. Berry, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark 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 Oconee Enterprise which is the official organ of Oconee County, on the following dates: January 22, 29, and February 5, 1976. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3582

CITY OF TOCCOACHARTER AMENDEDELECTION DATE CLARIFIED. No. 1221 (House Bill No. 1818). An Act to amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, particularly by an Act approved August 24, 1931 (Ga. L. 1931, p. 994), as amended, and by an Act approved April 17, 1975, (Ga. L. 1975, p. 4142), so as to clarify a provision relative to the date of an election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, particularly by an Act approved August 24, 1931 (Ga. L. 1931, p. 994), as amended, and by an Act approved April 17, 1975 (Ga. L. 1975, p. 4142), is hereby amended by striking the figure 1976 where it appears in the sentence immediately preceding the last sentence of subsection (a) of section 3 of the amendatory Act approved April 17, 1975 (Ga. L. 1975, p. 4142), and inserting in lieu thereof the figure 1977, so that when so amended subsection (a) of section 3 of the amendatory Act approved April 17, 1975 (Ga. L. 1975, p. 4142), shall read as follows: (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

Page 3583

of office of the commissioner serving in Post No. 4 shall be three (3) years, 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 1977, 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. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given of an intent to introduce local legislation at the 1976 term of the General Assembly of the State of Georgia for the following purpose: To amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, particularly by an Act approved August 24, 1931 (Ga. L. 1931, p. 994), as amended, and by an Act approved April 17, 1975 (Ga. L. 1975, p. 4142), so as to clarify provision relative to the date of an election; to repeal conflicting laws; and for other purposes. This 12th day of January, 1976. Troy Bowen Mayor City of Toccoa Georgia, Stephens County. Personally before me the undersigned officer authorized by law to administer oaths appeared Charles A. Hamilton, who being duly sworn, deposes and says that he is the editor and publisher of the Toccoa Record, a newspaper published in said County, the official organ of Stephens County, Georgia, and the newspaper in which Sheriff's advertisements for

Page 3584

said County are published and that the above and foregoing notice of intention to apply for local legislation was published in the Toccoa Record on the following dates: January 15th, January 22nd and January 29, 1976. /s/ Charles A. Hamilton Sworn to and subscribed before me, this 2nd day of February, 1976. /s/ John A. Dickerson Notary Public, Georgia, State at Large. My Commission Expires June 28, 1978. (Seal). Approved March 31, 1976. CERTAIN COUNTYOFFICE OF ASSISTANT DISTRICT ATTORNEY CREATED. (103,000-135,000). No. 1222 (House Bill No. 1819). An Act to create the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census; to provide for the appointment, powers, duties, qualifications, compensation and abolition of such assistant district attorney; to authorize the District Attorney in each such judicial circuit to employ one additional secretary for the office of the District Attorney; to provide for the employment, powers, duties, qualifications and compensation of such additional secretary; to provide for practices and procedures in connection with the foregoing; 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:

Page 3585

Section 1 . There is hereby created the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census. Said assistant district attorney shall be appointed by the District Attorney of the judicial circuit, shall serve at the pleasure of the District Attorney, and shall serve in addition to any other assistant district attorney now authorized by the general or local laws of this State. In the event that an additional assistant district attorney is authorized or provided for any such judicial circuit after the effective date of this Act under the provisions of an Act providing for assistant district attorneys in certain judicial circuits having more than one superior court judge, approved March 24, 1970 (Ga. L. 1970, p. 716), as amended, the office of assistant district attorney created by this Act shall stand abolished. When acting on behalf of the District Attorney, he shall have all the authority, powers and duties of the District Attorney. The assistant district attorney shall also perform such other duties and exercise such other powers as may be prescribed by the District Attorney. To be eligible for appointment as an assistant district attorney under the provisions of this Act, a person must possess the same qualifications prescribed for assistant district attorneys under the provisions of an Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, approved March 24, 1970 (Ga. L. 1970, p. 716), as the same may now or hereafter be amended. The assistant district attorney appointed pursuant to this Act shall be compensated in the same amount as is provided as the State-paid compensation of assistant district attorneys appointed pursuant to the provisions of an Act approved March 24, 1970 (Ga. L. 1970, p. 716), as the same may now or hereafter be amended. Section 2 . In addition to any secretary employed by the District Attorney on the effective date of this Act, the District Attorney of each such judicial circuit is hereby authorized to employ one additional secretary and to prescribe her duties. Such secretary shall serve at the pleasure of the District Attorney. Such secretary shall be compensated in

Page 3586

an amount to be fixed by the District Attorney at not more than $6,000 per annum. Secretaries. Section 3 . (a) The compensation of the assistant district attorney provided in section 1 of this Act, and the compensation of the secretary fixed as provided in section 2 of this Act shall be paid in equal monthly installments from the funds of the counties comprising the judicial circuit in the same percentage that the population of each such county bears to the total population of all counties comprising the judicial circuit, according to the United States Decennial Census of 1970, or any future such census. (b) The governing authority of each of said counties, in addition to the compensation otherwise provided in this Act, shall also pay from county funds any employer contributions or taxes required under the provisions of the Federal Social Security Act, approved August 14, 1935, 49 Stat. 620, as the same may now or hereafter be amended. 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. Approved March 31, 1976. CERTAIN COUNTIESSMALL CLAIMS COURTSJURISDICTION CHANGED. (8,750-8,950). No. 1223 (House Bill No. 1825). An Act to amend an Act creating a Small Claims Court in certain counties, approved April 12, 1971 (Ga. L. 1971, p. 4067), so as to change the jurisdiction of such courts; to change certain filing fees and costs for such courts; to

Page 3587

provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Small Claims Court in certain counties, approved April 12, 1971 (Ga. L. 1971, p. 4067), is hereby amended by striking in its entirety section 1 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 8,750 and not more than 8,950, according to the U.S. Decennial Census of 1970 or any future such census, a court known as a Small Claims Court, which Court shall have civil jurisdiction in cases at law in which the demand or damages claimed or value of the property involved does not exceed $1,000, said jurisdiction to be countywide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia, except the power to issue criminal warrants. Jurisdiction. Section 2 . Said Act is further amended by striking in its entirety section 8, and substituting in lieu thereof a new section 8 to read as follows: Section 8. The plaintiff when he files his claim, shall deposit with the court the sum of $20 which shall cover all costs of the proceeding up to and including the rendering of a judgment. In claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed at the discretion of the judge. Except as otherwise provided for herein, the costs and fees for said court be the same as provided for justices of the peace. 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

Page 3588

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 3 . Said Act is further amended by striking from section 26 the following: four dollars, and substituting in lieu thereof the following: $7.50, so that when so amended, section 26 shall read as follows: Section 26. 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%) on the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of three dollars ($3.00). Fee. 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. Approved March 31, 1976. APPLING COUNTY SMALL CLAIMS COURTJURISDICTION CHANGED, ETC. No. 1224 (House Bill No. 1828). An Act to amend an Act establishing a Small Claims Court in and for Appling County, approved March 27, 1972 (Ga. L. 1972, p. 2615), as amended by an Act approved April

Page 3589

17, 1973 (Ga. L. 1973, p. 3572) and an Act approved March 22, 1974 (Ga. L. 1974, p. 3152), so as to change the civil jurisdiction of said court; to change the fees for filing claims in said court; to change the title of the bailiffs of said court to marshals of said court; to require marshals to post surety bonds; to provide that the fees of the marshals of said court shall be the same as the fees of the sheriff for delivering a summons or the execution of fi. fas.; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a Small Claims Court in and for Appling County, approved March 27, 1972 (Ga. L. 1972, p. 2615), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3572) and an Act approved March 22, 1974 (Ga. L. 1974, p. 3152), 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 and established a Small Claims Court in and for Appling County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,000.00, 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. Jurisdiction. Section 2 . Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail

Page 3590

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 case at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 3 . Said Act is further amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14, to read as follows: Section 14. The judge of said small claims court shall have the power to appoint one or more marshals of and for said small claims court, to act within and throughout the limits of the county. Any person appointed as a marshal of the small claims court of said county shall be required to post a surety bond of not less than $2,000.00, the amount to be determined by the judge of said court, with the Judge of the Probate Court of Appling County conditioned upon the faithful performance of the duties of his office. Such marshals shall serve at the pleasure of the judge and under his direction. Any person so appointed shall have the power 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 marshals 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 marshals shall

Page 3591

take and subscribe the oath of office prescribed in Code section 24-804. Such marshals shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. Such marshals shall receive the same fees as the Sheriff of Appling County for delivering a summons or the execution of fi. fas. 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 marshals of said court. Marshals. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1976 regular session of the Georgia General Assembly an Act to amend the Small Claims of Appling County Act for the purpose of extending its jurisdiction to $2,000 limit, to increase the judge's fees, to designate Small Claims Court marshall's bond, and for other purposes. R. Bayne Stone Representative, 138th District, Post 1 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 Appling County, on the following dates: January 22, 29, and February 5, 1976. /s/ R. Bayne Stone Representative, 138th District

Page 3592

Sworn to and subscribed before me, this 10th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF HAZLEHURSTCHARTER AMENDEDELECTION DATE CHANGED. No. 1225 (House Bill No. 1829). An Act to amend an Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as amended, so as to change the date of city elections; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as amended, is hereby amended by striking in its entirety subsection (d) of section 4 and inserting in lieu thereof a new subsection (d) to read as follows: (d) All subsequent elections for city officials, except special elections, shall be held on the first Tuesday in December, each two years, (the first such election on the first Tuesday in December, 1977) and those elected at said time shall hold office until January 1, 1980, and until their respective successors are elected and qualified, unless removed as herein provided. Officials elected in December each two years shall commence the discharge of their duties on the first day of January following their election. Election.

Page 3593

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. Public Notice. Notice is hereby given that there will be introduced in the 1976 regular session of the Georgia General Assembly, a bill to change the salary of the City Commissioners of Hazlehurst from $50 to $75 per month and the Mayor of Hazlehurst from $100 to $150 per month and to change the date of the City Election from the 3rd Wednesday in December to the first Tuesday in December. R. Bayne Stone State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says 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 21, 28, and February 4, 1976. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 10th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3594

TELFAIR COUNTY SHERIFFSALARY CHANGED. No. 1226 (House Bill No. 1832). An Act to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2923), as amended by an Act approved April 18, 1969 (Ga. L. 1969, p. 2973), so as to change the salary of said sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2923), as amended by an Act approved April 18, 1969 (Ga. L. 1969, p. 2973), is hereby amended by striking from section 2 thereof the following: nine thousand six hundred ($9,600.00), and inserting in lieu thereof the following: twelve thousand ($12,000.00), so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of twelve thousand ($12,000.00) dollars, payable in equal monthly installments from the funds of Telfair County. Said salary shall not be diminished thereafter during the term of office of said officer. Any increase or decrease of said sheriff's salary shall only be by legislative Act of the General Assembly of Georgia. 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 3595

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given of the intention to apply for the introduction of a bill in the 1976 regular session of the General Assembly of Georgia to re-adjust the salaries of the county commissioner, clerk of court, probate court judge, tax commissioner, sheriff and for other purposes. R. Bayne Stone State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following dates: January 22, 29, and February 5, 1976. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3596

TELFAIR COUNTY TAX COMMISSIONERSALARY CHANGED. No. 1227 (House Bill No. 1833). An Act to amend an Act creating the office of tax commissioner of Telfair County, approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 892) as amended, particularly by an Act approved April 18, 1969 (Ga. L. 1969, p. 3087), so as to change the salary of said tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of tax commissioner of Telfair County, approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 892), as amended, particularly by an Act approved April 18, 1969 (Ga. L. 1969, p. 3087), is hereby amended by striking from section 6 thereof the following: $9,600.00, and inserting in lieu thereof the following: $12,000.00, so that when so amended section 6 shall read as follows: Section 6. The tax commissioner of Telfair County shall receive an annual salary of $12,000.00, payable in equal monthly installments from the funds of Telfair County. All fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites of whatever kind formerly allowed the tax commissioner as compensation for services in any capacity shall be received and held in trust by the tax commissioner for said county as public monies and he shall pay the same to the county fiscal authority on or before the tenth day of each month for the immediately preceding month. At the time of each such

Page 3597

monthly payment to the county fiscal authority, the tax commissioner shall furnish the county fiscal authority with a detailed, itemized statement of all such funds received by him during the immediately preceding month. The statement shall show the respective amounts of money collected and the sources thereof. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. 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. Public Notice. Notice is hereby given of the intention to apply for the introduction of a bill in the 1976 regular session of the General Assembly of Georgia to re-adjust the salaries of the county commissioner, clerk of court, probate court judge, tax commissioner, sheriff and for other purposes. R. Bayne Stone State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3598

duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following dates: January 22, 29, and February 5, 1976. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 10th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. TELFAIR COUNTY SUPERIOR COURT CLERKSALARY CHANGED. No. 1228 (House Bill No. 1834). An Act to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system, exclusively, approved April 30, 1969 (Ga. L. 1969, p. 4144), so as to change the salary of said county officer; 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 changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system, exclusively,

Page 3599

approved April 30, 1969 (Ga. L. 1969, p. 4144), is hereby amended by striking from section 2 thereof the following: nine thousand six hundred ($9,600.00), and inserting in lieu thereof the following: twelve thousand ($12,000.00), and by striking from section 2 the following: eight hundred ($800.00), and inserting in lieu thereof the following: one thousand ($1,000.00), so that when so amended section 2 shall read as follows: Section 2. The salary of such clerk of the superior court of Telfair County shall be twelve thousand ($12,000.00) dollars per year, payable in monthly payments of one thousand ($1,000.00) dollars at the end of each calendar month by the Telfair County Commissioner, or other fiscal authority of Telfair County, out of the general funds of Telfair County. Salary. Section 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. Public Notice. Notice is hereby given of the intention to apply for the introduction of a bill in the 1976 regular session of the General Assembly of Georgia to re-adjust the salaries of the

Page 3600

county commissioner, clerk of court, probate court judge, tax commissioner, sheriff and for other purposes. R. Bayne Stone State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following dates: January 22, 29, and February 5, 1976. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. TELFAIR COUNTY PROBATE COURT JUDGESALARY CHANGED. No. 1229 (House Bill No. 1835). An Act to amend an Act changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary system to the salary system exclusively, approved April 30, 1969 (Ga.

Page 3601

L. 1969, p. 4148), so as to change the salary 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 changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary system to the salary system exclusively, approved April 30, 1969 (Ga. L. 1969, p. 4148), is hereby amended by striking from section 2 thereof the following: nine thousand six hundred ($9,600.00), and inserting in lieu thereof the following: twelve thousand ($12,000.00), and by striking from section 2 thereof the following: eight hundred ($800.00), and inserting in lieu thereof the following: one thousand ($1,000.00), so that when so amended section 2 shall read as follows: Section 2. The salary of such judge of the probate court shall be twelve thousand ($12,000.00) dollars per year, payable in monthly payments of one thousand ($1,000.00) dollars at the end of each calendar month by the commissioner of Telfair County, or other county fiscal authority, out of the general funds of Telfair County. Salary. Section 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 3602

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given of the intention to apply for the introduction of a bill in the 1976 regular session of the General Assembly of Georgia to re-adjust the salaries of the county commissioner, clerk of court, probate court judge, tax commissioner, sheriff and for other purposes. R. Bayne Stone State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following dates: January 22, 29, and February 5, 1976. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3603

TELFAIR COUNTY COMMISSIONERSALARY CHANGED. No. 1230 (House Bill No. 1836). An Act to amend an Act creating the office of commissioner of roads and revenues in and for the County of Telfair, Georgia, approved August 27, 1931 (Ga. L. 1931, p. 566), as amended, particularly by an Act approved April 18, 1969 (Ga. L. 1969, p. 2975), so as to change the compensation of said commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of commissioner of roads and revenues in and for the County of Telfair, approved August 27, 1931 (Ga. L. 1931, p. 566), as amended, particularly by an Act approved April 18, 1969 (Ga. L. 1969, p. 2975), is hereby amended by striking from section 6 thereof the following: nine thousand six hundred ($9,600.00), and inserting in lieu thereof the following: twelve thousand ($12,000.00), and by striking from section 6 thereof the following: eight hundred ($800.00), and inserting in lieu thereof the following: one thousand ($1,000.00), so that when so amended section 6 shall read as follows: Section 6. Said commissioner shall be required to give and devote his entire time, or so much thereof as may be necessary, to the business and interest of said County of

Page 3604

Telfair in the performance and discharge of his duties, and to receive as compensation for his time and to recover the expenses incurred by him, for traveling in or out of said county, owning and/or operating an automobile in the discharge of his duties; the cost of fuel and upkeep thereof and any and all other pay, reimbursement for expenses, emoluments or perquisities whatsoever the sum of twelve thousand ($12,000.00) dollars per year, the same to be paid from the treasury of said county in installments and at the rate of one thousand ($1,000.00) dollars per month. 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. Public Notice. Notice is hereby given of the intention to apply for the introduction of a bill in the 1976 regular session of the General Assembly of Georgia to re-adjust the salaries of the county commissioner, clerk of court, probate court judge, tax commissioner, sheriff and for other purposes. R. Bayne Stone State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair

Page 3605

County, on the following dates: January 22, 29, and February 5, 1976. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CERTAIN COUNTIESCERTAIN TAX PAYMENT RECEIPTSNEED NOT BE FURNISHED. (400,000 - 500,000). No. 1231 (House Bill No. 1839). An Act to provide the circumstances in certain counties under which receipts for certain tax payments need not be furnished the taxpayer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Notwithstanding any other provision of any law to the contrary, tax commissioners, their agents, servants and employees, in counties having a population of not less than 400,000 and no more than 500,000, according to the United States Decennial Census of 1970 or any such future census, shall not be obligated to furnish a written receipt for the payment of any tax or license fee to any taxpayer or person making such payment where same is paid by check, money order, or other instrument payable or endorsed to bearer or payee or endorsee, except where the taxpayer or

Page 3606

person making such payment on behalf of the taxpayer demands same. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. TOWN OF WATKINSVILLECHARTER AMENDEDMAYOR'S COURTAPPOINTMENT OF PRESIDING OFFICER AUTHORIZED. No. 1233 (House Bill No. 1842). An Act to amend an Act incorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Volume II, p. 720), so as to authorize the mayor and council of the Town of Watkinsville to appoint a qualified person to preside over the mayor's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Volume II, p. 720), is hereby amended by adding at the end of section 23 the following: The mayor and council of the Town of Watkinsville shall be authorized to appoint a qualified person to preside over the mayor's court and to fix his compensation for such services. 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 1976 session of the General Assembly of Georgia, a bill to provide that the Mayor and Council of the Town of

Page 3607

Watkinsville may appoint a Recorder or official to preside over Mayor's Court and to provide compensation for such officials as said Mayor and Council may deem necessary; to provide for matters relative thereto; and for other purposes. This 21 day of January, 1976. Mayor and Council of the Town of Watkinsville. B. Amrey Harden Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark who, on oath, deposes and says he is Representative from the 13th 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 22, 29, and February 5, 1976. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. FRANKLIN COUNTYADVISORY BOARDCOMPENSATION CHANGED. No. 1236 (House Bill No. 1851). An Act to amend an Act creating the office of Commissioner of Franklin County and an advisory board, approved

Page 3608

February 27, 1956 (Ga. L. 1956, p. 2603), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2555), so as to change the compensation of the advisory board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Commissioner of Franklin County and an advisory board, approved February 27, 1956 (Ga. L. 1956, p. 2603), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2555), is hereby amended by striking section 12, which reads as follows: Section 12. The members of the advisory board shall each be compensated in the amount of $25.00 per meeting, but shall not be paid for more than fifteen (15) meetings in any one calendar year., in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. The members of the advisory board shall each be compensated in the amount of $50.00 per month, payable monthly from the funds of Franklin 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. Georgia, Franklin County. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a

Page 3609

bill to change the manner of compensating the County Board of Commissioners of Franklin County, Georgia. This 24th December, 1975. W. T. Roper, Commissioner Board of Commissioners: S. M. Ayers Robert Brooks Robert Pruitt Allen Wilkerson 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: January 1, 8, 15, 1976. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 11th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. TOWN OF BROOKSCHARTER AMENDEDTERMS OF CERTAIN OFFICES CHANGED, ETC. No. 1237 (House Bill No. 1852). An Act to amend an Act creating a new charter for the Town of Brooks, approved August 18, 1913 (Ga. L. 1913, p. 629), as amended, so as to change the terms of office of the

Page 3610

mayor and councilmen; to provide for the numbering of Posts on the council; to fix the date upon which the mayor and councilmen shall take 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 Town of Brooks, approved August 18, 1913 (Ga. L. 1913, p. 629), as amended, is hereby amended by striking in its entirety section 3 and substituting in lieu thereof a new section 3 to read as follows: Section 3. (a) The governing authority of the Town of Brooks shall be composed of a mayor and five councilmen. (b) The municipal general election shall be conducted on the first Saturday of December in alternate years beginning December 4, 1976. (c) For the purposes of electing members to the council, postions of membership on the council shall be numbered as Posts 1 through 5, respectively. In the municipal general election of 1976, those candidates who are elected to the offices of mayor and Posts 1 and 2 on the council shall serve for terms of office of four years and until their successors are duly elected and qualified. Candidates elected to Posts 3, 4 and 5 on the council shall serve for terms of office of two years and until their successors are duly elected and qualified. Successors in such offices, unless elected to fill unexpired terms of office as set forth herein, shall be elected for four-year terms of office. (d) Candidates who are elected to office in the general election shall assume office on Wednesday after the first Monday in January subsequent to the general election. (e) Residents of the Town of Brooks who have resided within the town for at least 90 days prior to any election and who are qualified to vote for the members of the General Assembly shall be qualified electors of the town.

Page 3611

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced in the 1976 session of the General Assembly of Georgia to amend the Charter of the Town of Brooks approved August 18, 1913, contained in Ga. L. 1913, pp. 629 et seq., so as to change provisions as to the terms of office of the mayor and councilmen of said Town. H. R. Langford Mayor, Town of Brooks Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who on oath deposes and says that he is Publisher of the Fayette County News, and that the above and foregoing Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, Georgia, on the following dates: January 13, 1976, January 20, 1976 and January 27, 1976. /s/ Quimby Melton, III Publisher Fayette County News Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Helen S. Teague Notary Public. (Seal). Approved March 31, 1976.

Page 3612

CITY OF HAMPTONFORMER CHARTER REPEALED. No. 1238 (House Bill No. 1855). An Act to amend an Act creating a new charter for the City of Hampton, approved April 17, 1975 (Ga. L. 1975, p. 4092), so as to provide for the specific repeal of the former charter of the City of Hampton; 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 Hampton, approved April 17, 1975 (Ga. L. 1975, p. 4092), is hereby amended by striking in its entirety section 7.14, and substituting in lieu thereof a new section 7.14, to read as follows: Section 7.14. An Act incorporating the City of Hampton, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, is hereby repealed in its entirety. Repeal. 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 1976 session of the General Assembly of Georgia, a bill to amend the charter of the City of Hampton; and for other purposes. This 19th day of January, 1976. 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,

Page 3613

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 22, 29, and February 5, 1976. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF McDONOUGHCHARTER AMENDEDTERM OF MAYOR CHANGED. No. 1239 (House Bill No. 1856). An Act to amend an Act incorporating the City of McDonough, approved September 18, 1883 (Ga. L. 1882-83, p. 379), 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 incorporating the City of McDonough, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, is hereby amended by striking in its entirety section 5, and substituting in lieu thereof a new section 5, to read as follows:

Page 3614

Section 5. Before entering upon the duties of the aforesaid offices, the persons elected thereto shall take and subscribe the following oath: `I do solemnly swear that I will to the best of my ability discharge the duties of mayor or alderman, as the case may be, of the City of McDonough, during my continuance in office, so help me God.' Any person authorized by law or the acting mayor of said city, may administer said oath. The aldermen and other officers provided for in this Act, except the mayor, shall hold their offices for one year from the second Wednesday in January succeeding their elections and until their successors are elected and qualified; provided, nevertheless, that the officers elected by said mayor and aldermen shall be liable to removal by a majority vote of the council (composed of mayor and aldermen), for neglect of duty or malfeasance in office. Commencing with the mayor who shall be elected in the 1976 municipal election, the term of office of the mayor shall be for two years and until his successor shall be duly elected and qualified. Term. 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 1976 session of the General Assembly of Georgia, a bill to change the term of office of the Mayor of the City of McDonough; and for other purposes. This 19th day of January, 1976. 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

Page 3615

to Introduce Local Legislation was published in the Weekly Advertiser which is the official organ of Henry County, on the following dates: January 22, 29, and February 5, 1976. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. HENRY COUNTY BOARD OF COMMISSIONERSTERMS STAGGERED. No. 1240 (House Bill No. 1858). An Act to amend an Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), so as to stagger the terms of office of the members of the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), is hereby amended by adding between sections 3 and 4 a new section 3A, to read as follows: Section 3A. In the 1976 general election, candidates who are elected to Posts 1, 2 and 3 on the Board shall serve for terms of office of four years and until their successors are duly elected and qualified. Candidates who are elected

Page 3616

to Posts 4 and 5 on the Board in said election shall serve for terms of office of two years and until their successors are duly elected and qualified. Thereafter, all successors to members of the Board of Commissioners shall be elected for terms of office of four years and until their successors are duly elected and qualified. Terms. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to stagger the terms of office of the members of the Board of Commissioners of Henry County; to provide for recall of any member of the Board of Commissioners; and for other purposes. This 19th day of January, 1976. 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 22, 29, and February 5, 1976. /s/ Ray M. Tucker Representative, 73rd District

Page 3617

Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CERTAIN COUNTIESBOARD OF ELECTIONS CREATED (23,600 - 25,000). No. 1241 (House Bill No. 1859). An Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees; to provide for compensation for such persons and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created in each county in this State having a population of not less than 23,600 nor more than 25,000; according to the United States Decennial Census of 1970, or any such future census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such county. Created. 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 as hereinafter provided. One member of the board of elections shall be a member of a political party which received the highest

Page 3618

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. Each of the above appointments shall be made from a list of candidates submitted to the governing authority at least thirty (30) days before the beginning of the term of office or within thirty (30) days after the creation of vacancy in the office by the county executive committee of each such political party. Each county committee shall submit at least two electors' names for each office or vacancy and the appointment shall be made therefrom. The remaining member of the board shall be selected by the county governing authority. In making the initial appointments to the board, the member selected by the governing authority shall be appointed for a term of four years and the remaining two members shall be appointed for initial terms of two years and until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The board shall select one of their members to serve as chairman at the pleasure of the board. Composition. Section 3 . No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office. Eligibility. Section 4 . The appointment of each member shall be made by the board of county commissioners filing an affidavit with the clerk of the superior court, no later than fifteen (15) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such

Page 3619

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. Removal. 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 as provided for in section 2. 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, 1976. 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 . 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. Duties. (b) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Code Title 34, as now or hereafter amended.

Page 3620

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. Salary. 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 3621

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 March 31, 1976. IRWIN COUNTY BOARD OF COMMISSIONERSCHAIRMAN. No. 1242 (House Bill No. 1860). An Act to amend an Act creating a Board of Commissioners for Irwin County and prescribing and defining their powers, duties and compensation, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, so as to change the compensation of the chairman of the board of commissioners; to provide that the chairman shall be the chief administrative officer of the county and shall devote his full time to the duties of his office; to provide for reimbursements for local travel 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 creating a Board of Commissioners for Irwin County and prescribing and defining their powers, duties and compensation, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted by the authorities aforesaid that the salaries to be received by the commissioners, except the chairman, shall be $1200.00 per year, payable monthly in equal installments. The chairman of the board of commissioners shall receive a salary of $3000.00 per year,

Page 3622

payable monthly in equal installments, and such other necessary expenses as are approved by the board. The chairman of said board of commissioners shall also receive a local travel expense of $3600.00 per year, payable monthly in equal installments, and no other allowance shall be made for local necessary expenses. The chairman of said board of commissioners shall be the chief administrative officer of the county and shall devote his full time to the duties of his office. 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 1976 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 reduce the compensation of the Chairman of said Board; to provide for a reimbursement of local travel expenses for said Chairman of said Board and to provide an effective date thereof. This January 9th, 1976. E. T. Hudson State Representative, 137th District of Georgia 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

Page 3623

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 15th, January 22nd and January 29th, 1976. /s/ W. S. Bradford, Jr. Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Clauye C. McCranie Notary Public, Irwin County, Ga. My Commission Expires Dec. 4, 1978. (Seal). Approved March 31, 1976. CITY OF PALMETTOCHARTER AMENDEDELECTION OF COUNCILMEN CHANGED. No. 1243 (House Bill No 1861). An Act to amend an Act establishing a new Charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, so as to provide for the election of councilmen by council seat position; 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 Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, is hereby amended by striking section 6.1 of Article II in its entirety and substituting in lieu thereof a new section 6.1 of Article II to read as follows: Section 6.1. Councilmen: Qualifications, Terms of Office . The qualifications for the office of councilman shall be the same as those prescribed for the office of mayor. The

Page 3624

term of office of councilman shall be two (2) years: Provided, however, that in the first election held after the effective date of these provisions there shall be elected three councilmen to succeed the councilmen whose terms expire December 31, 1976, namely seats 1, 3, and 5 as hereinafter provided, and in the second election held under this charter there shall be elected three councilmen to succeed the three councilmen whose terms expire December 31, 1977, namely seats 2, 4 and 6 as hereinafter provided, in order that the terms will be staggered. Effective 1976 each councilman shall hold a designated seat on the council. Seat one is that seat now held by Talmadge Bunn; seat two is that seat now held by William C. Burnham; seat three is that seat now held by Joel Brown; seat four is that seat now held by James W. Smith; seat five is that seat now held by Margaret S. Alford and seat six is that seat now held by Hardy Stanon Johnston. Those desiring to offer for a council position shall qualify for a certain and specific seat by number. No one shall offer for more than one council seat at each election. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Palmetto, Georgia intends to apply for the passage of Local Legislation at the 1976 session of the General Assembly of Georgia, convening in January, 1976, to amend the Charter of the City of Palmetto, Georgia (Ga. L. 1966, p. 2271, et seq) to provide for the election of councilmen by Council Seat Position, and for other purposes. This 20 day of January, 1976. George E. Glaze City Attorney of Palmetto, Georgia. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally

Page 3625

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 23, 30 days of January, 1976, and on the 6 day of February, 1976. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 9th day of February, 1976. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved March 31, 1976. MITCHELL COUNTYSTATE COURTJUDGE, ETC.SALARY CHANGED, ETC. No. 1244 (House Bill No. 1862). An Act to amend an Act creating the City Court of Camilla (subsequently renamed the State Court of Mitchell County), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, by an Act approved August 16, 1913 (Ga. L. 1913, p. 180) and an Act approved February 15, 1933 (Ga. L. 1933, p. 314) and further amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3011), so as to change the salary to be paid to the Judge and Solicitor of said Court; to provide for trials in said Court in civil and criminal cases by a jury of six, and to provide for the size of jury panels and the method and manner of selection; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3626

Section 1 . An Act creating the City Court of Camilla (subsequently renamed the State Court of Mitchell County), as approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, by an Act approved February 15, 1933 (Ga. L. 1933, p. 314) and by an Act approved April 17, 1973 (Ga. L. 1973, p. 3011), is hereby amended by striking section 2 of said 1933 amendatory act as further amended by the Act approved April 17, 1973 (Ga. L. 1973, p. 3011) in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid, that the salary of said Judge and Solicitor shall be fixed by the Board of Commissioners of Mitchell County or by any other authorities having charge of the management of the physical affairs of said County, now in existence or that may hereafter be created by law, said salary or salaries to be paid out of the County treasury upon warrants drawn by said governing authority as follows: Salaries. (a) For the Judge of State Court of Mitchell County a sum not less than four hundred dollars ($400.00) per month, payable monthly. (b) For Solicitor of the State Court of Mitchell County a sum not less than four hundred dollars ($400.00) per month, payable monthly. The salaries of said Judge and Solicitor shall be fixed at as early a date as practicable in the beginning of each year and for a period of one year from the date of fixing the same. Section 2 . An Act creating the City Court of Camilla (subsequently renamed the State Court of Mitchell County), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, particularly by an Act approved August 16, 1913 (Ga. L. 1913, p. 180), and further amended by an Act approved February 15, 1933 (Ga. L. 1933, p. 314) is hereby amended by striking section 3 of said 1933 amendatory Act in its entirety and inserting in lieu thereof a new section 3 to read as follows:

Page 3627

Section 3. Be it further enacted by the authority aforesaid, that in the trial of all civil and criminal cases in said State Court of Mitchell County, said case shall be submitted to a jury of six (unless trial by jury be waived), selected from a panel of twelve qualified jurors, from which panel each side shall have the right of three peremptory strikes, thus providing a jury of six for the trial of said case. Jury trial. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Mitchell County. Personally appeared before me the undersigned officer authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is Publisher of the Camilla Enterprise, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements appear and designated as the official news organ of said County. Deponent states further that the following advertisement, to-wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to amend the Act creating the City Court of Camilla, (renamed State Court of Mitchell County) approved August 17, 1905, and all Acts amendatory thereof, and for other purposes. This the 13th day of January, 1976. Marcus E. Collins Representative, 144th District General Assembly of Georgia, Post 1.

Page 3628

was published in said Camilla Enterprise once a week for three consecutive weeks beginning January 21, 1976. /s/ B. T. Burson Sworn to and subscribed before me, this 4th day of February, 1976. /s/ Adayna B. Broome Notary Public My Commission Expires June 5, 1978. (Seal). Approved March 31, 1976. CLARKE COUNTY BOARD OF COMMISSIONERSPURCHASING PROVISIONS CHANGED. No. 1245 (House Bill No. 1863). An Act to amend an Act creating a new Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. L. 1973, p. 2467), so as to change the provisions relating to the purchase of supplies, equipment, services and other materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. L. 1973, p. 2467), is hereby amended by striking section 30 in its entirety and inserting in lieu thereof a new section 30, to read as follows: Section 30. Officials Not to be Interested in Contracts . No member of the board or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly,

Page 3629

in any contracts to which the county is a party, either as principal, surety or otherwise; or shall such officer, his partner, agent, servant or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contract made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of Code section 23-1714 of the Code of Georgia of 1933. All purchases of supplies, equipment and services and other materials in an amount in excess of $2,000.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Clarke County for two weeks once a week before the date of purchase. The amount paid for personal services shall be negotiated without advertisement rather than on a bid basis. 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 Board of Commissioners of Clarke County intend to apply to the General Assembly of Georgia at the regular 1976 Session thereof for the passage of a local bill to amend an Act creating the Board of Commissioners of Clarke County consisting of five (5) members so that the provision in said Act regarding the purchase of supplies, equipment, services and other materials in an amount in excess of $1,000.00 shall be by competitive bids be increased to an amount in excess of $2,000.00, and that the amount paid for personal services be negotiated without

Page 3630

advertisement rather than on a bid basis; to repeal conflicting laws; and for other purposes. This 13th day of January, 1976. James R. Holland, Chairman Board of Commissioners of Clarke County, Georgia Georgia, Clarke County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer oaths, Robert W. Chambers, who being duly sworn on oath says that he is publisher of The Daily News, a newspaper having general circulation and whose principal place of business is in said County, and that the attached notice of intention to introduce local legislation was published in The Daily News, which is the official organ of Clarke County, on the following dates: January 16, 1976; January 23, 1976; and January 30, 1976. /s/ Robert W. Chambers Publisher, The Daily News Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 1, 1977. (Seal). Approved March 31, 1976. JENKINS COUNTY CHIEF DEPUTY SHERIFFSALARY CHANGED, ETC. No. 1246 (House Bill No. 1865). An Act to amend an Act placing the Sheriff of Jenkins County on a salary, approved February 28, 1966 (Ga. L.

Page 3631

1966, p. 2158), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3835), so as to change the compensation of the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins 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 Jenkins County on a salary, approved February 28, 1966 (Ga. L. 1966, p. 2158), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3835), 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 one chief deputy who shall receive an annual salary of not less than $6,800.00 nor more than $9,000.00, the exact amount to the determined by the sheriff with the approval of the governing authority of Jenkins County, said salary to be payable in equal monthly installments from the funds of Jenkins County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person who shall be employed as chief deputy, and to prescribe his duty and assignment, and to remove or replace any such chief deputy at will and within his sole discretion. Salary. Section 2 . Said Act is further amended by striking section 5A in its entirety and inserting in lieu thereof a new section 5A, to read as follows: Section 5A. Upon the approval of the governing authority of Jenkins County, the sheriff shall have the authority to appoint an additional deputy who shall receive an annual salary of not less than $6,800.00 nor more than $8,400.00, the exact amount to be determined by the sheriff with the approval of the governing authority of Jenkins County, said salary to be payable in equal monthly installments from the funds of Jenkins County. Additional deputy.

Page 3632

Section 3 . This Act shall become effective on January 1, 1977. 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 1976 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Jenkins County on a salary, approved February 28, 1966 (Ga. L. 1966, p. 2158), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3835), so as to change the compensation of the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County; to provide an effective date; and for other purposes. This 19th day of January, 1976. Preston B. Lewis, Jr. Senator, 21st District 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 Millen News which is the official organ of Jenkins County, on the following dates: January 22, 29, and February 5, 1976. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved March 31, 1976.

Page 3633

CITY OF SALE CITYCHARTER AMENDEDGARBAGE COLLECTION AUTHORIZED, ETC. No. 1247 (House Bill No. 1866). An Act to amend an Act entitled An Act to Incorporate the City of Sale City in the County of Mitchell, State of Georgia, and for Other Purposes approved August 12, 1910, as amended, so as to provide for the collection and disposition of garbage, rubbish, refuse, to provide for charges or fees to cover the cost of such services, to provide for a property lien for such costs, to provide that the city may contract with a State Department or agency or any other political subdivision for the joint services or exchange of services and the joint use of facilities and equipment, to provide for the repeal of all laws in conflict with this Act and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act to Incorporate the City of Sale City in the County of Mitchell, State of Georgia, and for Other Purposes, approved August 12, 1910, (Ga. L. 1910, p. 1117) as amended by an Act approved April 2, 1963 (Ga. L. 1963, p. 2823) is hereby amended by adding to the end thereof two additional sections to be designated as section 46 and section 47 and to read as follows: Section 46. To provide for the collection and disposal of garbage, rubbish and refuse and to provide power and authority to take all necessary and proper means for keeping the city limits free from garbage, trash and filth. Charges or fees may be imposed to cover the costs of such services, which if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. Authority. Section 47. 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

Page 3634

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. Contracts. Section 2 . All laws and parts of laws in conflict with this Act shall be and the same 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. Georgia, Mitchell County. In person before the undersigned officer appeared B. T. Burson, who after being duly sworn as provided by law deposes and certifies that he is the Publisher of The Camilla Enterprise, the newspaper published in said County and in which the advertisements of the Sheriff of said County are published and that the following advertisement to-wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1976 Session of the General Assembly of Georgia a bill to be entitled An Act to Amend an Act Incorporating the City of Sale City in Mitchell County, Georgia, so as to provide for the collection and disposition of garbage, rubbish, refuse, to provide for charges or fees to cover the cost of such services, to provide for a property lien for such costs, to provide that the City may contract with a State Department or agency or any other political subdivision for the joint services or exchange of services and the joint use of facilities and equipment, to provide for the repeal of all laws in conflict with this Act and for other purposes. This 21st day of January, 1976. Marcus E. Collins Representative District 144, Post 1 General Assembly of Georgia

Page 3635

was published in said Camilla Enterprise once a week for three consecutive weeks beginning January 21, 1976. /s/ B. T. Burson Sworn to and subscribed before me, this 4th day of February 1976. /s/ Adayna B. Broome Notary Public My Commission Expires June 5, 1978. (Seal). Approved March 31, 1976. CERTAIN COUNTIESBOARD OF ELECTIONS CREATED. (60,000 - 65,000). No. 1248 (House Bill No. 1868). An Act to amend an Act providing for a board of elections in each county in this State having a population of not less than 60,000 and not more than 65,000, according to the United States Decennial Census of 1970, or any future such census, approved March 14, 1973 (Ga. L. 1973, p. 2086), as amended, so as to change the population category within which such boards of election are created; to provide 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 elections in each county in this State having a population of not less than 60,000 and not more than 65,000, according to the United States Decennial Census of 1970, or any future such census, approved March 14, 1973 (Ga. L. 1973, p. 2086), as amended, is hereby amended by striking from section 1 the following: 65,000,

Page 3636

and inserting in lieu thereof the following: 65,999, and by striking from said section the following: 60,000, and inserting in lieu thereof the following: 63,000, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created in each county of this State, having a population of not less than 63,000 and not more than 65,999 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, in accordance with the provisions of this Act. Creation. Section 2 . This Act shall become effective on January 1, 1977. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CERTAIN COUNTIESBOARD OF ELECTIONS CREATED. (7,330-7,550). No. 1249 (House Bill No. 1869). An Act to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550, 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

Page 3637

and removal of its members; to provide for qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees; to provide for compensation for such persons and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created in each county in this State having a population of not less than 7,330 nor more than 7,550, according to the United States 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 five 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 as hereinafter provided. 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 shall select one of their members to serve as chairman at the pleasure of the board. 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. 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 fifteen (15) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State and provide for

Page 3638

the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars. 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. Removal. 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 as provided for in section 2. 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, 1976. 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 . 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. Duties. (b) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and 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

Page 3639

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. Salaries. 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. Section 15 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 3640

Section 16 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. WASHINGTON COUNTY SMALL CLAIMS COURTJURISDICTION CHANGED, ETC. No. 1250 (House Bill No. 1870). An Act to amend an Act creating a Small Claims Court in Washington County, approved March 2, 1973 (Ga. L. 1973, p. 2061), so as to change the civil jurisdiction of said court; to change the term of office of the judge of said court; to change the fee for filing claims in said court; to change the fees for the execution of fi. fas.; 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 Washington County, approved March 2, 1973 (Ga. L. 1973, p. 2061), 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 and established a Small Claims Court in and for Washington County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed one thousand dollars ($1,000.00), said jurisdiction to be county-wide and concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Creation. Section 2 . Said Act is further amended by striking subsection (a) of section 2 in its entirety and inserting in lieu thereof a new subsection (a) of section 2, to read as follows:

Page 3641

(a) The judge of such court shall be appointed from among the citizens of such county, shall be at least 21 years of age and shall be appointed by the grand jury first convening in odd-numbered years, and he shall hold office for a term of two years and until his successor is appointed and qualified. Judge. Section 3 . Said Act is further amended by striking subsection (a) of section 8 in its entirety and inserting in lieu thereof a new subsection (a) of section 8, to read as follows: (a) The plaintiff when he files his claim shall deposit with the court the sum of ten dollars ($10.00) which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be ten dollars ($10.00); and in other matters (not specifically mentioned here) the costs shall be the same as provided for justices of the peace; and in claim cases and illegalities, instituted by a third party after levy, the costs shall be ten dollars ($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 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 4 . Said Act is further amended by striking section 24 in its entirety and inserting in lieu thereof a new section 24, to read as follows: Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be five dollars ($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 two hundred fifty dollars ($250.00) and five percent (5%) of all

Page 3642

sums over that amount, with a minimum of three dollars ($3.00). Except as stated in this section, the fee of the bailiff for service of any required document shall be five dollars ($5.00). Fees. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of a Local Bill. Notice is hereby given that I will introduce a bill in the 1976 General Assembly of Georgia to amend the act creating the Small Claims Court of Washington County, so as to raise the jurisdictional limits of the Court from $500.00 to $1,000.00; to extend the term of the Judge from one year to two years; to increase the filing fee from $7.50 to $10.00; to include in the warrants allowed to be issued by said Court dispossessory warrants and search warrants and to increase the cost for serving a fi fa from $4.00 to $5.00, and for other purposes. The 12th day of January, 1976. T. C. Carr Representative from Washington County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom C. Carr who, on oath, deposes and says that he is Representative from the 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 15, 22, and 29, 1976. /s/ Tom C. Carr Representative, 105th District

Page 3643

Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. JENKINS COUNTY BOARD OF COMMISSIONERSCHARIMANELECTION CHANGED. No. 1251 (House Bill No. 1872). An Act to amend an Act establishing a Board of Commissioners for Jenkins County, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 2960), so as to change the provisions relative to the election of the chairman of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a Board of Commissioners for Jenkins County, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 2960), is hereby amended by striking in its entirety subsection (e) of section 3 and inserting in lieu thereof a new subsection (e) to read as follows: (e) At its first meeting held in January, beginning in 1977 and continuing thereafter, said board shall elect by a majority vote one of its members to serve as chairman for a term of one year, such term to end on the date of the first meeting in January of the following year. A member shall be eligible to succeed himself as a member of the board and as chairman of the board. Chairman.

Page 3644

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice Notice is hereby given to the public that the County Commissioners of Jenkins County will have local legislation introduced in the General Assembly changing the law pertaining to the County Commissioners of Jenkins County to allow the Chairman of the Jenkins County Commissioners to be elected at the first meeting of the calendar year and for other purposes. Randolph C. Karrh Representative 106th District 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 Millen News which is the official organ of Jenkins County, on the following dates: January 22, 29, and February 5, 1976. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3645

JENKINS COUNTY SUPERIOR COURT CLERK PLACED ON SALARY. No. 1252 (House Bill No. 1873). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Jenkins 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 a specific law; 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 Jenkins 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 $12,000.00, 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, moneys and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity shall receive and hold the same in trust for said county as public moneys 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

Page 3646

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 weekly 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 any funds of the county available for such purpose. All supplies, materials, books, 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 Jenkins County. Expenses. Section 6 . This Act shall become effective on January 1, 1977. Effective date. Section 7 . An Act providing for compensation for the Clerk of the Superior Court of Jenkins County, approved March 21, 1968 (Ga. L. 1968, p. 2373), is hereby repealed in its entirety. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3647

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to place the Clerk of the Superior Court of Jenkins County on an annual salary in lieu of the fee system of compensation; to provide for all matters relative to the foregoing; to provide an effective date; and for other purposes. This 30th day of December, 1975. Preston B. Lewis, Jr. Senator, 21st District 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 Millen News which is the official organ of Jenkins County, on the following dates: January 22, 29, and February 5, 1976. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 12th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3648

JENKINS COUNTY PROBATE COURT JUDGE PLACED ON SALARY. No. 1253 (House Bill No. 1874). An Act to abolish the present mode of compensating the Judge of the Probate Court of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal a specific law; 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 Jenkins 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 of $12,000.00, 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, moneys 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 moneys 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 each officer and paid into the county

Page 3649

treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4 . The necessary operating expenses of the judge of the probate court's office shall be paid from any funds of the county available for such purpose. All supplies, materials, books, furnishings, furniture and utilities as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Jenkins County. Expenses. Section 5 . This Act shall become effective on January 1, 1977. Effective date. Section 6 . An Act providing for supplemental compensation to the Judge of the Probate Court of Jenkins County (formerly Ordinary of Jenkins County), approved February 3, 1949 (Ga. L. 1949, p. 108), as amended by an Act approved March 7, 1961 (Ga. 1961, p. 2324) and an Act approved March 21, 1966 (Ga. L. 1966, p. 2375), is hereby repealed in its entirety. 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 1976 Session of the General Assembly of Georgia, a bill to place the Judge of the Probate Court of Jenkins County on an annual salary in lieu of the fee system of compensation; to provide for all matters relative to the foregoing; to provide an effective date; and for other purposes. This 30th day of December, 1975. Preston B. Lewis, Jr. Senator, 21st District

Page 3650

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 Millen News which is the official organ of Jenkins County, on the following dates: January 22, 29, and February 5, 1976. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. JENKINS COUNTY TAX COMMISSIONERSALARY PROVISIONS CHANGED, ETC. No. 1254 (House Bill No. 1875). An Act to amend an Act creating the office of Tax Commissioner of Jenkins County, Georgia, approved March 19, 1943 (Ga. L. 1943, p. 1061), as amended, so as to change the compensation of the Tax Commissioner of Jenkins 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 officer; to provide for the employment of a deputy clerk

Page 3651

by said officer; to provide for the compensation of such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Tax Commissioner of Jenkins County, Georgia, approved March 19, 1943 (Ga. L. 1943, p. 1061), 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 receive an annual salary of $12,000.00, payable in equal monthly installments out of the funds of Jenkins County. Salary. Section 2 . Said Act is further amended by adding a new section immediately following section 4, to be designated section 4A, to read as follows: Section 4A. The tax commissioner shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and he shall receive and hold the same in trust for said county as public moneys 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. It is specically stipulated 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 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.

Page 3652

Sess., p. 297), as amended. 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 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 3 . Said Act is further amended by adding a new section immediately following section 4A, to be designated section 4B, to read as follows: Section 4B. The tax commissioner shall have the authority to appoint a deputy clerk who shall receive an annual salary not exceeding $5,200.00, payable in equal weekly installments out of county funds. The tax commissioner 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 tax commissioner, 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. Section 4 . Said Act is further amended by adding a new section immediately following section 4B, to be designated section 4C, to read as follows: Section 4C. The necessary operating expenses of the tax commissioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, books, 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 4B of this Act, shall be at the sole discretion of the governing authority of Jenkins County. Expenses. Section 5 . This Act shall become effective on January 1, 1977. Effective date.

Page 3653

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 1976 Session of the General Assembly of Georgia, a bill to place the Tax Commissioner of Jenkins County on an annual salary in lieu of the fee system of compensation; to provide for all matters relative to the foregoing; to provide an effective date, and for other purposes. This 30th day of December, 1975. Preston B. Lewis, Jr. Senator, 21st District 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 Millen News which is the official organ of Jenkins County, on the following dates: January 22, 29, and February 5, 1976. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3654

HABERSHAM COUNTY STATE COURT SECRETARY TO SOLICITORSALARY CHANGED. No. 1258 (House Bill No. 1883). An Act to amend an Act entitled An Act to provide for a secretary for the Solicitor of the State Court Habersham County; to fix the compensation for such secretary and provide for payment of same; to provide an effective date; to repeal conflicting laws; and for other purposes, approved April 13, 1973 (Ga. L. 1973, p. 2709), so as to change the maximum compensation of the secretary of the Solicitor of the State Court of Habersham County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . That the Act entitled An Act to provide for a secretary for the Solicitor of the State Court of Habersham County; to fix the compensation for such secretary and provide for payment of same; to provide an effective date; to repeal conflicting laws; and for other purposes, approved April 13, 1973 (Ga. L. 1973, p. 2709), is hereby amended by striking the first sentence from section 1 of said Act and substituting in lieu thereof the following sentence: The Solicitor of the State Court of Habersham County shall be authorized to employ a secretary at a salary not to exceed $200.00 per month to be approved by the Habersham County Board of Commissioners and to be paid monthly from funds in the county treasury., so that when so amended, section 1 shall read as follows: Section 1. The Solicitor of the State Court of Habersham County shall be authorized to employ a secretary at a salary not to exceed $200.00 per month, to be approved by the Habersham County Board of Commissioners and to be paid monthly from the funds in the county treasury. Said Solicitor shall have the sole right to select the secretaries

Page 3655

employed hereunder, who shall serve at the pleasure of said Solicitor, and who shall perform such duties and services as prescribed by the Solicitor. 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 1976 session of the General Assembly of Georgia, a bill to amend an Act approved April 13, 1973 (Ga. L. 1973, p. 2709) for the purpose of increasing the maximum salary which may be paid to the Secretary of the Solicitor of the State Court of Habersham County. This 21st day of January, 1976. John C. Foster Senator, 50th District William J. Dover State Representative, 11th District Georgia, Habersham County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amilee C. Graves, who, on oath, deposes and says that she is Publisher of the Tri-County Advertiser, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: January 29, 1976, and February 5 and 12, 1976. /s/ Amilee C. Graves Publisher, Tri-County Advertiser

Page 3656

Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Linton K. Crawford, Jr. Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF POWDER SPRINGSCHARTER AMENDEDCHARTER REPEAL PROVISIONS PROVIDED WITH REFERENDUM. No. 1259 (House Bill No. 1884). An Act to amend an Act providing a new charter for the City of Powder Springs, Georgia, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide a method for the repeal of the charter of the City of Powder Springs; to provide for a petition and a referendum in connection therewith; to provide for other matters relative thereto; to repeal conflicitng 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 Powder Springs, Georgia, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, is hereby amended by redesignating Article VIII and Section 8.01 as Article IX and Section 9.01, respectively, and by adding a new Article VIII to read as follows: Article VIII REPEAL OF CHARTER Section 8.01 Petition; Referendum . (a) This Act providing the charter for the City of Powder Springs may be repealed

Page 3657

in its entirety, and the City of Powder Springs may be abolished by the repeal of such Act, in accordance with the provisions of this Article. (b) The repeal of this Act may be initiated by a petition signed by registered voters of the City of Powder Springs as hereinafter provided. Such petition shall be signed by not less than 45% of the registered voters of the City of Powder Springs who are registered to vote on the date the notice required by subsection (c) of this section is given to the election superintendent of the City of Powder Springs. The persons sponsoring such petition shall be electors of the City of Powder Springs and shall address such petition to the superintendent of the City of Powder Springs petitioning him to call for a special election to submit the question to the voters of the City of Powder Springs of whether the Act providing a charter for the City of Powder Springs should be repealed. (c) Prior to obtaining any signatures on any such petition, a blank copy of the proposed petition shall be submitted to the election superintendent of the City of Powder Springs with a notice that a petition is to be circulated seeking signatures for a special election on the question of repealing the Act providing a charter for the City of Powder Springs. (d) Each petition shall contain sufficient space so that each elector who signs the petition shall enter immediately to right of his signature his printed name, date and address. Each petition shall contain the affidavit of the person who has obtained the signatures on the petition to the effect that to the best of his knowledge and belief all of the signatures appearing on the particular petition are valid signatures of electors of the City of Powder Springs. The petition shall be submitted to the election superintendent of the City of Powder Springs with the required signatures within 45 days following the date on which the notice of the proposed petition required by subsection (c) of this section is given to said election superintendent. 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

Page 3658

the election superintendent of the City of Powder Springs, it shall be his duty to determine whether such petition bears the required percentage of names and to determine the sufficiency of the petition. Such determinations shall be made by said election superintendent within 15 days following the date on which the petition is submitted to him. (e) In the event he determines that the petition is in order, it shall be the duty of the election superintendent of the City of Powder Springs 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 Cobb County. The ballots used in such election shall have written or printed thereon the following: `() YES () No Shall the Act providing a charter for the City of Powder Springs be repealed so that the City of Powder Springs shall be abolished?' Referendum. Those persons desirign to vote in favor of repealing the Act providing a charter for the City of Powder Springs shall vote `Yes', and those desiring to vote against repealing said Act shall vote `No'. If a majority of those voting in such election vote in favor of repealing the Act providing a charter for the City of Powder Springs, then said Act shall be repealed in its entirety and the City of Powder Springs shall be abolished effective at the time specified in section 8.02 of this Article. If a majority of those voting vote against the repeal of said Act, the Act providing a charter for the City of Powder Springs shall continue in full force and effect. It shall be the duty of the election superintendent of the City of Powder Springs 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 election provided for herein vote against the repeal of the charter,

Page 3659

no new petition shall be presented to the election superintendent of the City of Powder Springs within 1 year from the date of the submission of the previous petition. Section 8.02. Date of Abolishment . In the event this Act providing the charter of the City of Powder Springs is repealed as a result of an election provided for in section 8.01 of this Article, then the effective date of such repeal shall be the first day of the month immediately following the 60th day after the date of the election, and on such date this Act, including all amendatory Acts thereof, shall stand repealed in its entirety, and the City of Powder Springs shall stand abolished. 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 1976 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Powder Springs (Ga. L. 1930, p. 1437, et seq), as amended to create a new Charter (Ga. L. 1970, p. 2760, et seq.), as heretofore amended; and for other purposes. This 26th day of December, 1975. 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 3660

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 23, 30, and February 6, 1976. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. WARREN COUNTYBOARD OF COMMISSIONERSREFERENDUM ON QUESTION OF MULTI-MEMBER BOARD AUTHORIZED. No. 1261 (House Bill No. 1890). An Act to authorize and direct the election superintendent of Warren County to hold an election on the question of establishing a multi-member Board of Commissioners in Warren 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 Warren County to issue the call for an election for the purpose of submitting the question of establishing a

Page 3661

multi-member Board of Commissioners in Warren County to the voters of Warren County for approval or rejection. The election superintendent shall set the date of such election for Tuesday, November 2, 1976. 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 Warren County. The ballot shall have written or printed thereon the words: () YES () NO Shall legislation be enacted by the General Assembly of Georgia to establish multi-member Board of Commissioners in Warren County? Referendum. All persons desiring to vote for approval of the enactment of such legislation shall vote Yes, and those persons desiring to vote for rejection of the enactment of such legislation shall vote No. The expense of such election shall be borne by Warren 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 regular 1976 Session of the General Assembly of Georgia, a bill to authorize and direct the election superintendent of Warren County to hold an election on the question of establishing a multi-member Board of Commissioners in Warren County, and for other purposes. This 19th day of January, 1976. Preston B. Lewis, Jr. Senator, 21st District Sam P. McGill Senator, 24th District Ben Barron Ross Representative, 76th District

Page 3662

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 23, 1976, January 30, 1976, February 6, 1976. Sworn to on the 6th day of February, 1976. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 6th day of February, 1976. /s/ Jean H. Yount Notary Public Approved March 31, 1976. CITY OF BUCHANANCHARTER AMENDEDPOWERS EXTENDED. No. 1262 (House Bill No. 1891). An Act to amend an Act providing a new charter for the City of Buchanan, approved August 17, 1908 (Ga. L. 1908, p. 468), as amended, so as to provide for certain additional powers which may be exercised by the governing authority of the City of Buchanan; 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 Buchanan, approved August 17, 1908 (Ga. L. 1908, p. 468), amended, is hereby amended by adding between sections 35 and 36 a new section 35A to read as follows: Section 35A. (a) The corporate powers of the government of the City of Buchanan, to be exercised by the governing authority, may include the following: Powers.

Page 3663

(1) to levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) to levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; and to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) to make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) to appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (5) to acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) to accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (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,

Page 3664

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 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, 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, waterlines, 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

Page 3665

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 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

Page 3666

which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) to fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (23) to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) to provide for the collection and disposal of garbage, rubbish and refuse; and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials; and to provide for the sale of such items; (25) to levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (26) to levy a fee, charge of sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee 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 charge the same from time to time, such fees to be levied on the users connecting with the sewerage system;

Page 3667

(28) to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city; and to provide for the enforcement of such standards; (29) to define a nuisance and provide for its abatement whether on public or private property; (30) to provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (31) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (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 Buchanan 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 of Buchanan 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

Page 3668

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 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 for any public improvements; (39) to enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) to create, alter or abolish departments; boards, offices, commissions and agencies of the city and to confer 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 3669

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 power, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (b) 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. (c) The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to

Page 3670

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. (d) 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 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Buchanan, so as to authorize said city to exercise certain additional powers; and and for other purposes. This 5th day of January, 1976. City of Buchanan, Georgia Evelyn S. Wade Mayor 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 8, 15, 22, 1976. /s/ Thomas B. Murphy Representative, 18th District

Page 3671

Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF BAXLEYCHARTER AMENDEDCORPORATE LIMITS EXTENDED. No. 1263 (House Bill No. 1893). 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 said city; to provide for clarification and intent; 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 adding at the end of section 2, the following: The corporate limits of the City of Baxley shall also include the following described tract and parcel of land: All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 64.067 acres, of original land lot No. 284, and being described as follows: Commencing at the point of intersection of the Southeasterly line of the City Limits of the City of Baxley, Georgia, with the Easterly right of way line of State Highway No. 15, and from said point of commencement, run South 15 40[UNK] 30[UNK] East along the Easterly right of way line of State Highway No. 15, for a distance of 817 feet; thence North 53 44[UNK] 10[UNK] East a distance of 75.58 feet; thence North 74 19[UNK] 30[UNK] East a distance of 72 feet; thence

Page 3672

North 15 40[UNK] 30[UNK] West a distance of 1.25 feet; thence North 74 19[UNK] 30[UNK] East a distance of 82.65 feet; thence North 16 20[UNK] 30[UNK] West a distance of 193.40 feet; thence North 88 39[UNK] 30[UNK] East a distance of 635.12 feet; thence South 15 0[UNK] 30[UNK] East a distance of 38.42 feet; thence South 33 39[UNK] 40[UNK] East a distance of 126.29 feet; thence South 74 19[UNK] 30[UNK] West a distance of 545.35 feet; thence South 70 32[UNK] 30[UNK] West a distance of 211.96 feet; thence South 74 19[UNK] 30[UNK] West a distance of 122 feet, to the Easterly right of way line of State Highway No. 15; thence South 15 40[UNK] 30[UNK] East, along the Easterly right of way line of State Highway No. 15, for a distance of 2,471.10 feet; thence South 74 19[UNK] 30[UNK] West a distance of 100 feet, to the point of intersection of the Northerly right of way line of Auburn Street, with the Westerly right of way line of State Highway No. 15; thence run Southwesterly along the curvature of the northerly right of way line of Auburn Street to lands of C. J. Patterson, (the bearing of a straight line between the two extremities of said curvature being South 60 59[UNK] 20[UNK] West and the distance of said straight line being 420.81 feet); thence South 89 51[UNK] 23[UNK] West a distance of 1,130.93 feet; thence North 0 34[UNK] 25[UNK] West a distance of 1140.47 feet; thence South 89 38[UNK] 37[UNK] East a distance of 789.30 feet; thence North 15 40[UNK] 30[UNK] West a distance of 1,138.60 feet; thence South 74 19[UNK] 30[UNK] West a distance of 2.23 feet; thence North 15 58[UNK] 59[UNK] West a distance of 352.19 feet; thence North 75 36[UNK] 20[UNK] East a distance of 586 feet, to the Westerly right of way line of State Highway No. 15; thence along the Westerly right of way line of State Highway No. 15, North 15 40[UNK] 30[UNK] West a distance of 1,016.19 feet; thence Southeasterly along the line of the City Limits of the City of Baxley, Georgia, approximately 105 feet, to the point of beginning. Being more accurately shown according to a survey and plat thereof by Denean W. Dixon and Associates, Surveyors, dated September 9, 1975. Section 2 . The above described property in section 1 pertains only to public roads and rights-of-way and property owned by the Appling County Board of Education. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3673

Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1976 regular session of the Georgia General Assembly an Act to amend the City Charter of Baxley pertaining to the annexation of certain tracts of land requested by the Appling County Board of Education. This includes the present Appling County High School site, the new Appling County Elementary Complex site and two lots whereon the present Appling County Board of Education office and bus lots are now located, and for other purposes. R. Bayne Stone Representative, 138th District, Post 1 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 Appling County, on the following dates: January 22, 29, and February 5, 1976. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 10th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3674

CITY OF ATLANTACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1264 (House Bill No. 1895). 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: 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: In addition to the territory heretofore included within the corporate boundaries of the City of Atlanta, the following described territory is hereby included within the corporate boundaries of said City: All that tract or parcel of land lying and being in Land Lot 246 of the 14th District of Fulton County, Georgia, and more particularly described as follows: Beginning at a point on the southeastern side of Sewell Road at its intersection with the west line of Land Lot 246 of the 14th District; thence north 87 degrees 16 minutes 30 seconds east along the southeastern side of Sewell Road 314.22 feet to the point of curvature; thence continuing in a southeasterly direction along the southwestern side of Sewell Road on an arc 532.73 feet to a point, said arc having a chord of south 70 degrees 56 minutes east 519.98 feet to a point; thence continuing along the southwestern side of Sewell Road south 49 degrees 08 minutes 30 seconds east 190.03 feet to a point of curvature; thence continuing southeasterly along the southwestern side of Sewell Road on an arc of 294.15 feet to a point, said arc having a

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chord of south 62 degrees 58 minutes 30 seconds east 291.29 feet to the right-of-way of Interstate Highway 285; thence along said right-of-way south 56 degrees 43 minutes 15 seconds east 132.48 feet; thence continuing along said right-of-way south 19 degrees 59 minutes 15 seconds east 138.17 feet; thence continuing along said right-of-way south 13 degrees 36 minutes 30 seconds west 600.63 feet; thence continuing along said right-of-way south 20 degrees 59 minutes west 357.27 feet; thence continuing along said right-of-way south 0 degrees 29 minutes 30 seconds west 202.72 feet; thence continuing along said right-of-way southwesterly on an arc 1091.58 feet to a point, said arc having a chord of south 8 degrees 22 minutes 15 seconds west 1089.03 feet; thence north 84 degrees 26 minutes west 6.80 feet; thence south 9 degrees 22 minutes west 0.44 feet to the south line of Land Lot 246; thence west along the south line of said Land Lot 246, a distance of 927.54 feet to the southwest corner of said Land Lot 246; thence north 0 degrees 03 minutes west along the west line of said Land Lot 246 2812.-35 feet to the southeastern side of Sewell Road and the point of beginning, and containing 70.35 acres and shown on Survey prepared by C. R. Roberts, Registered Engineer No. 572, dated November 18, 1968. 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 1976 session of the General Assembly of Georgia, which convenes on Monday, January 12, 1976, to amend the Charter of the City of Atlanta, the title of such bill or bills to be as follows: 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

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March 16, 1973 (Ga. L. 1973, pp. 2188), as amended, and for other purposes. This 11th day of December, 1975. William M. (Bill) Alexander Legislative Coordinator City of Atlanta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henrietta M. Canty who, on oath, deposes and says that she 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: December 31, 1975 and January 7, 14, 1976. /s/ Henrietta M. Canty Representative, 38th District Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CHATHAM COUNTY WATER AND SEWER AUTHORITY CREATED. No. 1265 (House Bill No. 1900). An Act to create the Chatham County Water and Sewer Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects

Page 3677

embracing sources of water supply and the distribution and sale of water and related facilities to individuals and private concerns; to confer powers and impose duties on the Authority; to provide for the membership of the Authority and their tenure of office; to authorize the Authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary and convenient for the operation of such undertaking or projects; to authorize the issuance of revenue certificates of the Authority payable from the revenues of the Authority from 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 such Authority for the payment of such certificates; to authorize said Authority to establish a sewer system or systems in the unincorporated areas of said county so as to vest in the Chatham County Water and Sewer Authority the same powers, jurisdiction and authority it had by virtue of this Act, so as to vest such Authority with the same powers and authority with reference to a sewer system or systems as it may have to establish, operate and maintain a water system; to provide that all of the acts of said Authority shall be approved by the county governing authority; to provide for the separate enactment of each of the provisions of this Act, and to provide that the rights and powers conferred by this Act shall be cumulative and in addition to existing laws; to provide for a declaration of intention; 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 . That the County of Chatham shall have the right, power and authority to operate, build and maintain a waterworks system, together with the right to acquire lands, construct waterworks facilities, including projects embracing sources of water supply and related facilities; to sell water and its related facilities to individuals and private concerns and to further authorize the said County of

Page 3678

Chatham to accept franchises for that purpose granted by other municipalities to said County of Chatham. Creation. Section 2 . The powers granted by this Act shall authorize the County of Chatham to lay or construct water mains and water distribution systems within the limits of said county, and to issue water revenue-anticipation certificates for such purposes as may be authorized by law. Powers. Section 3 . The said County of Chatham shall have the right, power and authority to exercise police powers over the entire water system and shall have the right and authority to make rules and regulations governing the construction, operation and maintenance, extension and connection with any water main within the limits of said county, and shall have the right and authority to require all users of water who connect with the water mains to install proper meters and make connections in accordance with the rules and regulations provided therefor and shall have the right and authority to refuse to sell or furnish water to any firm, person, corporation or municipality who fails or refuses to comply with such rules and regulations as may be promulgated for the operation of said water system. Nothing contained herein shall be construed as requiring the county to furnish water to any consumers if in the discretion of said county it is not deemed feasible or desirable to do so. Powers. Section 4 . The said water system is to be constructed, maintained and operated by a five-member board to be known as the Chatham County Water and Sewer Authority. The members of the board shall be appointed by the governing authority of said county. The first members appointed hereunder shall be appointed for terms of one, two, three, four and five years as shall be designated by the governing authority. All members shall be appointed for terms beginning July 1, 1976. Successors to these members and future members shall be appointed by the governing authority for terms of five years. All members shall serve until their successors are appointed and qualified. The governing authority of the county shall fill any vacancy which occurs

Page 3679

on the Authority, for the unexpired term. The members shall elect a chairman, vice chairman and secretary who shall serve for such periods as shall be fixed by the Authority. The Authority shall make a report of its actions to the grand jury for the November terms of the superior court of said county. A majority of the members shall constitute a quorum for the transaction of business. A regular meeting shall be held once each month on a day to be set by the Authority. The majority of the Authority shall have the right to call a special meeting. Each member of the Authority shall be given at least three days' written notice of each special meeting. The Authority shall employ an attorney and provide for his compensation, and shall employ such other employees as the Authority shall deem proper for the transaction of business and provide the compensation therefor. All such compensations shall be paid out of the earnings of said Authority. Board. Section 5 . No member of the Chatham County Water and Sewer Authority shall be eligible to hold an elective public office of the State, county, or municipality unless first resigning as a member of the Authority. No persons shall be eligible for appointment to the Chatham County Water and Sewer Authority who is serving in an elective public office of the State, county or a municipality. Eligibility. Section 6 . Said board shall have general supervision and control over the entire water system or systems that may be constructed and placed in operation for said county, together with the right to expand or curtail such operations as it may deem advisable. The board shall regulate and provide for the use of its water, fix the time, place and rates for such usage, and in default may cause such services to be discontinued until all arrears are fully paid, and may issue executions for any amount that may be past due and the secretary or clerk of said board is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. The board shall have the power to construct, alter, expand and maintain such water system with the funds made available to it by the county governing authority by the issuance and sale of bonds,

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or revenue-anticipation certificates issued by said county, and by funds arising from the operation of said water system. The Authority shall have the right to join with the county in the issuance of revenue-anticipation certificates and pledge the revenues of the Authority to the payment of any such certificate so issued. Powers. Section 7 . The said Authority is authorized, with approval of the county governing authority, to acquire by eminent domain such property as it may require for the expansion and development for its water and sewerage system together with right-of-ways, easements, and such other rights as may be proper for the development and expansion of said system. Said Authority shall have, with the approval of the county governing authority, in addition to the rights granted by this Act all of the authority as provided by the Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, and especially the powers as defined in section 2 and 3 thereof and sections in sequence thereof and as fully and completely as if they were set out in this Act, and all property and rights so secured shall be construed to be the property of Chatham County, and as an act of said county. Eminent domain. Section 8 . The board is hereby charged with the duty of collection for all services rendered by said water system of said county and is hereby required to keep money collected in a bank or banks as may be required by the county governing authority. Any person handling such funds shall be required to give a surety bond in such amount as may be required by said board and approved by the county governing authority. The board at all times shall maintain a schedule of fees, rates and tolls for the services of said water system as shall be sufficient to retire any revenue certificates, or other indebtedness incurred in the construction, maintenance, operation, and expansion of said water system, and to provide for any reserves and funds required to be maintained by the county in connection with the issuance of any such revenue certificates, together with sufficient amounts to pay the current operating costs of such water system. Any funds accumulated in excess over the payments and

Page 3681

legally required reserves may be allowed to accumulate in a special reserve account in an amount equal to three years' payments, at which time any further accumulation would be eliminated by reduction of user rates. Duties. Section 9 . The board shall have the power to employ or discharge its employees at its pleasure. It shall make quarterly reports to the county governing authority of all monies it has received and expenditures made in the operation of said water system. Employees. Section 10 . Said board shall be amenable to the county governing authority and subject to removal from office for neglect of duty or milfeasance in office. Removal of board. Section 11 . The said Chatham County Water and Sewer Authority is hereby authorized to construct a county sewerage system in said county, and all rights conferred to said board to construct, operate and maintain a water system for said county and to join with the county in the issuance of revenue-anticipation certificates for that purpose, shall likewise apply to the construction, operation and maintenance of a sewerage system for said county. Authority. Section 12 . Any water or sewerage system that may be constructed under the provisions of this Act shall be construed to be the property of Chatham County, and nothing in this Act shall be construed to limit the said County of Chatham in issuing bonds, revenue certificates or any other means of financing as are now or hereafter recognized by law for the development of such water or sewerage facilities. The powers and rights conferred by this Act shall be cumulative to the powers and rights that now exist. Section 13 . In exercising the powers herein granted, it is hereby declared to be the intention of the General Assembly that the governing authority of Chatham County and the Chatham County Water and Sewer Authority created herein shall implement and carry out such powers, as far as practicable, in such a manner that the cost of establishing and maintaining the facilities herein authorized shall be borne

Page 3682

by those citizens of Chatham County benefiting from the establishment and maintenance of such facilities. Intent. Section 14 . The county governing authority may in its discretion alter, change, modify or repeal any of the rules and regulations adopted by the water and sewer Authority. Section 15 . The term county governing authority used in this Act shall be construed to mean the regularly elected commissioners of said county. Definition. Section 16 . 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 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. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, legislation to create a Chatham County Water and Sewer Authority granting to said Authority the right to acquire, construct, operate, and maintain projects for water supply and sewerage systems and for other purposes. This 23rd day of January, 1976. Thomas R, Taggart

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Gignilliat who, on oath, deposes and says that he is Representative from the 122nd 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 23, 30 and February 6, 1976. /s/ Arthur Gignilliat Representative, 122nd District Sworn to and subscribed before me, this 9th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF PATTERSONCHARTER AMENDEDCERTAIN TERMS OF OFFICE CHANGED, ETC. No. 1266 (House Bill No. 1905). An Act to amend an Act amending, consolidating and renewing the charter of the City of Patterson, approved February 25, 1949 (Ga. L. 1949, p. 1254), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2411), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3870), so as to change the terms of office of certain aldermen and the manner of electing the mayor and certain aldermen for certain elections; to conform certain

Page 3684

election provisions to State law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act amending, consolidating and renewing the charter of the City of Patterson, approved February 25, 1949 (Ga. L. 1949, p. 1254), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2411), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3870), is hereby amended by striking from section 4 the third sentence which reads as follows: The term of the Mayor shall be for two years and the term of each Alderman shall be for two years. Terms. 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. General elections of said city shall be held on the second Saturday in December of each year. The next general election shall be held in 1976, and at such general election and all such general elections thereafter city officials are to be elected by the qualified voters of said city to fill the vacancies in terms of office which expire on December 31st following such election. Section 3 . Said Act is further amended by striking in its entirety section 9 and inserting in lieu thereof the following: Section 9. On the second Saturday in December, 1976, an election shall be conducted in the City of Patterson for the purpose of electing a mayor and six aldermen to succeed the present mayor and six aldermen whose terms of office shall expire on December 31, 1976. Election. (a) The term of office of mayor shall be for two years and until his successor is elected and qualified. In order to be elected as mayor a candidate shall receive a majority of the votes cast in such election for the office of mayor. In the event no candidate receives a majority of the votes cast,

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there shall be a runoff election between the two candidates receiving the highest number of votes cast for the office of mayor. The runoff election shall be held under the same laws, rules and regulations governing municipal elections. (b) The three candidates for aldermen receiving the highest number of votes cast in such election shall be elected for terms of office of two years each and until their successors are elected and qualified. The three candidates for aldermen receiving the next highest number of votes cast in such election shall be elected for terms of office of one year each and until their successors are elected and qualified. Following the initial terms of office of the aldermen, as specified in this section, aldermen shall be elected for terms of office of two years each and until their respective successors are duly elected and qualified. (c) All elections for mayor and aldermen and elections on any questions submitted to the voters of said city shall be held at the courthouse of the justice of the peace in said city or such other place as may be designated by the city council providing notice is posted for a period of ten days as provided for herein. The mayor and aldermen shall have full power and authority to call any special election for any purpose, whenever they deem it expedient for the interest of said city. All elections are to be held by at least two persons who shall be qualified to hold and superintend elections for members of the General Assembly of this State, and said election shall be held in the manner and under the rules and regulations as adopted by the city council, except as provided herein or as provided under the Georgia Municipal Election Code. The managers of said elections shall certify the names of those elected, which certificate shall entitle the holders thereof to qualify to hold the offices to which they were elected. 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 1976 regular session of the General Assembly of Georgia, a

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bill to amend the charter of the City of Patterson, so as to provide for annual elections; to stagger the terms of office of Councilmen; and for other purposes. This 29 day of December, 1975. R. Bayne Stone Representative, 138th District, Post 1 James Gordon Harris Representative, 138th District, Post 2 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 Blackshear Times which is the official organ of Pierce County, on the following dates: December 18, 25, 1975 and January 1, 1976. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

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JEFFERSON COUNTY SMALL CLAIMS COURT CREATED. No. 1267 (House Bill No. 1908). An Act to create and establish a Small Claims Court for Jefferson County to be known as the Small Claims Court of Jefferson 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 duly 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 processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure 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 duly 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 processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for appeals from said court to the superior court of said county; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court for Jefferson County, Georgia, to be known as the Small Claims Court of Jefferson 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

Page 3688

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 Jefferson County, at least twenty-five years of age, 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 Jefferson County or the judge of the State Court of 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. Vacancy. 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. Pleading.

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(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, or by a duly qualified bailiff of the 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, who is especially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, 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 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, the service must be personal and 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.

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(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, and hour 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 ten dollars ($10.00) with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be ten dollars ($10.00). If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Costs. (b)Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The costs shall be ten dollars ($10.00) for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge. 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

Page 3691

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, or 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. 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

Page 3692

costs incurred thereby. Section 13 . The judge of the Superior Court of Jefferson 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 processes and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code section 24-804 and give the bond prescribed in Code section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiffs. Section 15 . A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county. Lien. Section 16 . Appeals may be had from judgments returned

Page 3693

in the Small Claims Court to the superior court, and the same provisions now provided for by 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 County Georgia Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim which shall be verified by the plaintiff or his agent as follows:) State of Georgia County ofbeing first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Sworn and subscribed before me thisday of, 19.

Page 3694

Notice. You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofdollars ($), as shown by the foregoing statement. The court will hold a hearing upon this claim onatm. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. (Seal). Section 18 . On or before the effective date of this Act the Governor, with the advice and consent of a majority of the members of the House of Representatives of the General Assembly from the districts in which Jefferson County is located and of a majority of the members of the Board of

Page 3695

Commissioners of Jefferson County, 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 by the Governor and qualified. Successors shall be appointed in the same manner and shall serve terms of four years and until their successors are appointed and qualified. The judge of the Small Claims Court of Jefferson County shall be exempt from jury duty in the superior court or any other court existing or which may be created or established in Jefferson County. Judge. Section 19 . All forms, docket books, file jackets, filing cabinets, and the like, required by this Act, 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. One dollar and fifty cents ($1.50) of each ten dollars ($10.00) filing fee paid to said court shall be remitted by the clerk or judge of said court to the county treasury. Courtroom. Section 20 . 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 nor later than 45 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 21 . 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

Page 3696

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. Garnishments. Section 22 . The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Fines. Section 23 . 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. Fees. Section 24 . 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 3697

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 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 1976 session of the General Assembly of Georgia a bill to establish a small claims court in Jefferson County, Georgia, to be known as the Small Claims Court of Jefferson County, Georgia; to repeal conflicting laws; and for other purposes. E. E. Bargeron Representative, 83rd District 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 which is the official organ of Jefferson County, on the following dates: January 29, February 5, 12, 1976. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3698

STEWART COUNTY TAX COMMISSIONERSALARY CHANGED. No. 1268 (House Bill No. 1910). An Act to amend an Act increasing the compensation of the Tax Commissioner of Stewart County, approved April 11, 1968 (Ga. L. 1968, p. 3618), so as to change the compensation of the tax commissioner; 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 increasing the compensation of the Tax Commissioner of Stewart County, approved April 11, 1968 (Ga. L. 1968, p. 3618), is hereby amended by striking section 1, which reads as follows: Section 1. The tax commissioner of Stewart County shall receive an annual salary between five thousand five hundred ($5,500.00) dollars and seven thousand ($7,000.00) dollars, payable in equal monthly installments from the funds of said county. The exact amount of said salary shall be fixed by any grand jury sitting at any time after this Act becomes effective, with the approval of the governing authority of said county., in its entirety, and inserting in lieu thereof a new section 1, to read as follows: Section 1. The Tax Commissioner of Stewart County shall receive an annual salary of $7,999, to be payable in equal monthly installments from the funds of Stewart 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 3699

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to amend an Act increasing the compensation of the Tax Commissioner of Stewart County, approved April 11, 1968 (Ga. L. 1968, p. 3618), so as to change the compensation of the Tax Commissioner; and for other purposes. This 26th day of January, 1976. 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 Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: January 29, February 5, 12, 1976. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. STEWART COUNTY COMMISSIONERSALARY CHANGED. No. 1269 (House Bill No. 1911). An Act to amend an Act creating the office of Commissioner of Stewart County, approved August 20, 1927 (Ga. L.

Page 3700

1927, p. 654), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2800), 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 Stewart County, approved August 20, 1927 (Ga. L. 1927, p. 654), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2800), is hereby amended by striking section 9, which reads as follows: Section 9. The commissioner of roads and revenues of Stewart County shall receive an annual salary between five thousand five hundred ($5,500.00) dollars and seven thousand seven hundred ($7,700.00) dollars, payable in equal monthly installments from the funds of said county. The exact amount of said salary shall be fixed by any grand jury sitting at any time after this Act becomes effective, with the approval of the governing authority of said county., in its entirety, and inserting in lieu thereof a new section 9, to read as follows: Section 9. The Commissioner of Stewart County shall receive an annual salary between seven thousand seven hundred dollars ($7,700.00) and eleven thousand dollars ($11,000.00), payable in equal monthly installments from the funds of said county. The exact amount of said salary shall be fixed by any grand jury sitting at any time after this Act becomes effective, with the approval of the governing authority of said 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 3701

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioner of Stewart County, approved August 20, 1927 (Ga. L. 1927, p. 654), as amended, so as to change the compensation of the commissioner; and for other purposes. This 26th day of January, 1976. 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 Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: January 29, February 5, 12, 1976. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3702

CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDEDMEMBERSHIP CHANGED, ETC. No. 1270 (House Bill No. 1912). An Act to amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2359), an Act approved April 17, 1973 (Ga. L. 1973, p. 3205), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2530), so as to change the membership of the Authority; to expand the definition of projects to include sewerage projects; 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 Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2359), an Act approved April 17, 1973 (Ga. L. 1973, p. 3205), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2530), 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. Cherokee County Water and Sewerage Authority . There is hereby created a body corporate and politic, to be known as the Cherokee 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 members, all of whom shall be freeholders and citizens of Cherokee County, and shall reside outside the City of Canton; the members in office on the effective date of this section shall serve until their present term expires. The Chairman of the Board of Commissioners of Cherokee County shall automatically by

Page 3703

reason of his office become a member of said Authority. The Grand Jury of Cherokee County shall appoint two members to said Authority; the judge of the superior court shall appoint two members, and the Chairman of the Board of Commissioners of Cherokee County shall be a member, and serve during the time he holds the office as Chairman of the Board of Commissioners, and at the expiration of his term, the incoming Chairman of the Board of Commissioners shall become a member. The five members shall select their own chairman and vice chairman. Successors to the members in office on the effective date of this section, except the Chairman of the Board of Commissioners of Cherokee County, shall be appointed in the same manner as their predecessors and shall serve a term of four years and until their successors are elected and qualified. Immediately after such appointments, the members of the Authority shall enter upon their duties. In addition to the chairman, the Authority shall elect one of its members as vice chairman and it may also elect a secretary and treasurer, who need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. Any vacancy on said board, either by death, resignation or otherwise, shall be made by the judge of the superior court for the remainder of such term. Members. The members of the Authority shall be entitled to compensation for their services at the rate of $300 per year, except the chairman, who shall receive $500 per year, and 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. Salaries. Section 2 . Said Act is further amended by adding at the end of section 3(b), the following: The word `project' shall also include 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

Page 3704

limited to, the acquisition and construction of treatment plants, ponds and lagoons, within and without the territorial boundaries of Cherokee 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., so that when so amended, section 3(b) shall read as follows: (b) The word `project' shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of Cherokee County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. The word `project' shall also include 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 Cherokee 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. Definitions. Section 3 . Said Act is further amended by adding at the end of section 24, the following: The general purpose of the Authority shall also include sewerage projects.,

Page 3705

so that when so amended, section 24 shall read as follows: Section 24. Purpose of the Authority .Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to Cherokee County water system, and the various municipalities in said county and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not now exist water distribution systems and where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The general purpose of the Authority shall also include sewerage projects. 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 1976 Session of the General Assembly of Georgia a bill to amend an Act creating the Cherokee County Water and Sewerage Authority, formerly known as the Cherokee County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to authorize sewerage projects; to change the composition of the Authority; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 23 day of Jan. 1976. Roger Johnson Representative, 8th District, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Johnson who, on

Page 3706

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: January 29, February 5, 12, 1976. /s/ Roger Johnson Representative, 8th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF JACKSONCHARTER AMENDEDAUDIT PROVISIONS CHANGED, ETC. No. 1271 (House Bill No. 1914). An Act to amend an Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended by an Act approved February 15, 1957 (Ga. L. 1957, p. 2179), an Act approved March 10, 1959 (Ga. L. 1959, p. 2903), an Act approved March 31, 1965 (Ga. L. 1965, p. 3054), an Act approved March 4, 1966 (Ga. L. 1966, p. 3121), an Act approved March 19, 1974 (Ga. L. 1974, p. 2216), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4357), so as to eliminate the requirement that the mayor examine and audit all accounts of the city and approve all bills and vouchers; to change the compensation of the mayor and councilmen; to change the provisions relative to the compensation of the mayor and councilmen; to provide for the approval of certain purchases; to provide for sealed bids and competitive bidding

Page 3707

on certain purchases; to change the provisions relative to the compensation of the recorder; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended by an Act approved February 15, 1957 (Ga. L. 1957, p. 2179), an Act approved March 10, 1959 (Ga. L. 1959, p. 2903), an Act approved March 31, 1965 (Ga. L. 1965, p. 3054), an Act approved March 4, 1966 (Ga. L. 1966, p. 3121), an Act approved March 19, 1974 (Ga. L. 1974, p. 2216), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4357), is hereby amended by striking the last two sentences in section 8, which read as follows: He shall examine and aduit all accounts of the city before the same shall be paid. He shall sign all deeds and contracts, approve all bills and vouchers., and substituting in lieu thereof, the following: He shall sign all deeds and contracts., so that when so amended, section 8 shall read as follows: Section 8. The mayor shall be the chief executive officer of said city and shall have general supervision over its affairs. He shall see that all laws and ordinances of said city are faithfully executed. He shall preside at all meetings of the mayor and council and shall have the right to take part in the deliberations of said body but shall not vote on any question except in case of a tie. He shall have power to convene them in extra session whenever in his judgment the exigencies of the case require it. He shall sign all deeds and contracts. Mayor. Section 2 . Said Act is further amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10, to read as follows:

Page 3708

Section 10. Said mayor shall receive a salary to be fixed by the mayor and council not to exceed the sum of three thousand dollars ($3,000.00) per annum. Said councilmen shall each receive a salary to be fixed by the mayor and council not to exceed the sum of one thousand five hundred dollars ($1,500.00) per annum. Nothing in this section shall prevent said municipality from employing such officials to do specific work for the municipality, beyond the usual calls of office, upon an hourly, per diem, weekly or monthly basis. Salary. Section 3 . Said Act is further amended by adding following section 11 a new section to be designated section 11A, to read as follows: Section 11A. All purchases by the city which require an expenditure of one thousand five hundred dollars ($1,500.00) or more shall be approved first by the mayor and a majority of the councilmen. The city shall not be liable for the payment for any such purchase which is not approved in such manner. All purchases by the city of equipment of any kind or of street improvements of any kind which require an expenditure of one thousand dollars ($1,000) or more shall be by sealed bids, and the mayor and a majority of the councilmen shall accept the lowest responsible bids or reject all bids. Purchases. Section 4 . Said Act is further amended by striking in section 31, the following: , not to exceed the sum of one hundred dollars ($100.00) per month, so that when so amended, section 31 shall read as follows: Section 31. Said mayor shall have full power and authority to hold a Jackson City Court for said city for the trial of persons charged with violation of municipal ordinances and may impose such penalties for the violation of such ordinances as may be prescribed by ordinances of said city. Such court may be held at such times and places and under such rules and regulations as may be fixed and prescribed by ordinances of said city. Moreover, the mayor and

Page 3709

council shall have full power and authority to employ a recorder, other than the mayor, to serve at the pleasure of the mayor and council at such salary as might be fixed by the mayor and council. Such recorder, while presiding over said court, shall be clothed with all rights, powers, and privileges otherwise exercised by the mayor and granted to mayors in such municipal or police courts by the laws of Georgia and granted to the mayor by ordinances of said city. Such recorder shall have the same powers enjoyed by judges of the several superior courts of this State to punish for contempts by the imposition of fines not to exceed the sum of fifty dollars ($50.00) or imprisonment in the city jail for a period of time not to exceed fifteen (15) days, either or both. Such recorder shall perform the duties of a justice of the peace in issuing warrants for State offenses committed within the municipal limits of said city, which warrants may be executed by any member of the police force of said city, and may try and commit the offenders to the Butts County jail, or admit them to bail in bailable cases for their appearance as provided by law to the proper tribunal. All powers herein granted to said recorder shall be exercised by the mayor, when he holds said court, or in his absence, and, in the absence of the recorder, by any member of the council so designated by the mayor, or as might be provided by ordinance. Nothing set forth herein shall be construed from permitting the mayor and council to name the mayor, himself, or any member of the council as the regular recorder, with all the emoluments and perquisites of said office, in addition to his or their established salary or salaries. Authority is herewith granted the person named or acting as recorder to perform any acts allowed the mayor in the charter of said city in carrying out the duties of said office, specially as set forth in section 32 and 33 of the charter as relates to the mayor and the Jackson City Court. City court. 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 1976 Session of the General Assembly of Georgia a

Page 3710

bill to amend an Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended, so as to provide for the approval of certain purchases; to provide for sealed bids and competitive bidding on certain purchases; to change the provisions relative to the compensation of the recorder; to change the provisions relative to the compensation of the mayor and councilmen; to delete certain provisions relative to the duty of the mayor to examine and audit accounts of the City and approved bills and vouchers; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 16 day of Jan., 1976. 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: January 29, February 5, 12, 1976. /s/ J. R. Smith Representative, 78th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3711

LINCOLN COUNTY TREASURERSALARY CHANGED. No. 1272 (House Bill No. 1915). An Act to amend an Act providing compensation for the Treasurer of Lincoln County, approved August 19, 1916 (Ga. L. 1916, p. 461), as amended by an Act approved March 1, 1937 (Ga. L. 1937, p. 1363), an Act approved March 12, 1941 (Ga. L. 1941, p. 920), an Act approved March 26, 1947 (Ga. L. 1947, p. 735), an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), an Act approved March 6, 1962 (Ga. L. 1962, p. 3036), an Act approved April 23, 1969 (Ga. L. 1969, p. 3352), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3962), 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 providing compensation for the Treasurer of Lincoln County, approved August 19, 1916 (Ga. L. 1916, p. 461), as amended by an Act approved March 1, 1937 (Ga. L. 1937, p. 1363), an Act approved March 12, 1941 (Ga. L. 1941, p. 920), an Act approved March 26, 1947 (Ga. L. 1947, p. 735), an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), an Act approved March 6, 1962 (Ga. L. 1962, p. 3036), an Act approved April 23, 1969 (Ga. L. 1969, p. 3352), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3962), is hereby amended by striking from section 1 the following: $2,400.00, and by substituting in lieu thereof the following: $5,000.00, so that when so amended section 1 shall read as follows: Section 1. The Treasurer of Lincoln County shall receive the annual sum of $5,000.00, payable in equal monthly installments

Page 3712

from funds of Lincoln County, as his sole compensation. Salary. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that application will be made at the January, 1976 session of the General Assembly of Georgia for the passage of a bill to amend an act approved August 18, 1916 (Ga. L. 1916, p. 461), as amended by an act approved March 26, 1947 (Ga. L. 1947, p. 735), as amended by an act approved March 17, 1960 (Ga. L. 1960, p. 2940), as amended by an act approved March 6, 1962 (Ga. L. 1962, p. 3036), and as amended by an act approved April 23, 1969, (Ga. L. 1969, p. 3352), and as amended by an act approved April 19, 1973, (Ga. L. 1973, p. 3962), as the same relates to the compensation of the Treasurer of Lincoln County, Georgia, so as to increase the annual compensation of $2,400.00 payable in equal monthly installments to the sum of $5,000.00, payable in the monthly installments from funds of Lincoln County, Georgia, as the sole compensation of the treasurer. This 26th day of January, 1976. Lincoln County Grand Jury, January Term, 1976. By Thomas Poss, Foreman By Emily H. Poss, Clerk Lincoln County Board Of Commissioners By Curry Colvin, Chairman By Edward S. Turner, Member
Page 3713

By Talmadge Reed, Member Sara M. Perryman, Treasurer, Lincoln County Ben B. 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: January 29, February 5, 12, 1976. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. McDUFFIE COUNTY SHERIFFSUPPLEMENTAL ALLOWANCE PROVIDED. No. 1273 (House Bill No. 1916). An Act to amend an Act placing the county officers of McDuffie County upon an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2169),

Page 3714

so as to provide for a supplemental expense or housing allowance to be paid to the sheriff at the discretion of the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the county officers of McDuffie County upon an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2169), is hereby amended by adding between sections 3 and 4 a new section to be designated section 3A to read as follows: Section 3A. The Board of Commissioners of McDuffie County shall be authorized, in their discretion, to pay a supplemental expense or housing allowance to the Sheriff of McDuffie County in an amount not to exceed $1,800.00 annually. Such supplemental expense or housing allowance shall be paid from county funds in such installments or sums as determined by said board within the prescribed limitation. Such supplement shall be in addition to the sheriff's annual salary and other compensation. Allowance. 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 1976 Session of the General Assembly of Georgia a bill to authorize the Board of Commissioners of McDuffie County, Georgia, to pay a supplemental expense or housing allowance to the Sheriff of McDuffie County; and for other purposes. This 26th day of January, 1976. Warren D. Evans Representative, 84th District Ray D. Owens Representative, 77th District

Page 3715

Georgia, McDuffie County. Personally appeared before me, a Notary Public within and for above State and County, Claude McEver, who on oath, deposes and says that he is the publisher of the McDuffie Progress which is the official organ of McDuffie County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 29, 1976 and February 5 and 12, 1976. /s/ Claude McEver Publisher Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Iona T. Price Notary Public, Georgia, State at Large. My Commission Expires March 27, 1978. (Seal). Approved March 31, 1976. TOWN OF MAYSVILLECHARTER AMENDEDCONTRACT PROVISIONS CHANGED. No. 1275 (House Bill No. 1922). An Act to amend an Act creating a new charter for the Town of Maysville, approved August 17, 1909 (Ga. L. 1909, p. 1110), as amended by an Act approved August 19, 1918 (Ga. L. 1918, p. 743), an Act approved July 31, 1920 (Ga. L. 1920, p. 1235), an Act approved March 7, 1966 (Ga. L. 1966, p. 3321), and an Act approved March 21, 1970 (Ga. L. 1970, p. 3000), so as to authorize the mayor and council to make certain contracts without having to obtain voter approval; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3716

Section 1 . An Act creating a new charter for the Town of Maysville, approved August 17, 1909 (Ga. L. 1909, p. 1110), as amended by an Act approved August 19, 1918 (Ga. L. 1918, p. 743), an Act approved July 31, 1920 (Ga. L. 1920, p. 1235), an Act approved March 7, 1966 (Ga. L. 1966, p. 3321), and an Act approved March 21, 1970 (Ga. L. 1970, p. 3000), is hereby amended by striking from the first sentence of section 43 thereof the following: Be it further enacted, That said, and inserting in lieu thereof the following: The, and by striking from the third sentence of section 43 thereof the following: ; provided, that the town shall not be bound by any such contract for a longer period than one year from the making thereof, unless said contract shall have first been approved by two-thirds vote of the qualified voters of said town at an election to be held for that purpose, of which at least four weeks notice shall be given in the newspapers of said town by said mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and which election shall be governed by the laws applicable to the regular election of town officers, so that when so amended section 43 shall read as follows: Section 43. The mayor and council shall have power and authority to establish a system of waterworks, sewerage, electric lights, gas plant, or any of them, in said town for the purpose of supplying its inhabitants and the town, as well as consumers generally, with water, sewerage, and lights, or any of them; and said mayor and council shall have the power to do any and all things necessary for such purposes, to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without the town, and if necessary to condemn the same

Page 3717

as hereinafter provided for. Said mayor and council shall have the authority to make contracts for the purchase of plants, machinery, etc., and make contracts with the inhabitants of said town and with the consumers generally, as to the furnishing of water, of sewerage or lights, or any of them. Said mayor and council shall also have full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the town and the public with electric lights, gas lights, water, sewerage, or any of them; and to make such contracts with such persons, firm or corporation for water, sewerage and lights, or any of them, as may to said mayor and council seem proper. The mayor and council of Maysville are hereby authorized and empowered to pass all ordinances, rules and bylaws necessary to carry out and effectuate the powers granted in this section. Contracts. 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 1976 Regular Session of the General Assembly of Georgia a bill to make certain changes in the Charter of the City of Maysville; and for other purposes. This 8th day of January, 1976. Mary Arnold, Mayor City of Maysville 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 14, 21, 28, 1976.

Page 3718

/s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. TROUP COUNTY SMALL CLAIMS COURTJURISDICTION CHANGED, ETC. No. 1277 (House Bill No. 1929). An Act to amend an Act creating a Small Claims Court in Troup County, approved March 23, 1972 (Ga. L. 1972, p. 2369), so as to change the jurisdiction of the judge of said court; to change the qualifications of the judge of said court; to provide for the appointment of a judge pro hac vice by the judge of the State Court of Troup County; to provide for the compensation, duties and qualifications of the judge pro hac vice; to provide that it shall be the duty of the clerks of said court to assist in the preparation of court documents when so requested by either party; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Small Claims Court in Troup County, approved March 23, 1972 (Ga. L. 1972, p. 2369), 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. Said court and the judge thereof shall have all powers to do all acts which justices of the peace are now or may hereafter be authorized to do under the laws of

Page 3719

Georgia, shall have jurisdiction as to subject matter to try and dispose of all cases wherein by law jurisdiction is conferred upon justices of the peace and justice courts, and said jurisdiction therein and thereover as to the amount shall extend to all cases wherein the principal amount shall be one thousand ($1,000) dollars or less. All proceedings and procedures not limited to but including those relative to pleadings, issuance of summons and warrants, trial by the court, trial by jury and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this State, except as otherwise provided in this Act. Jurisdiction. 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 said court, at the time of his election, must be at least 25 years but not more than 70 years of age, a high school graduate and have been a resident of Troup County for at least one year. Before entering upon the discharge of the duties of his office, said judge shall take and subscribe before the Judge of the Probate Court of Troup County the following oath: Judge. `I solemnly swear that I will administer justice as provided by the law and not of my personal determination, without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the Small Claims Court of Troup County, Georgia, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me, God.', and said oath shall be immediately forwarded to the Governor and filed in the Executive Department. Said judge shall have authority to issue criminal warrants and generally perform all acts and things which justices of the peace of this State are authorized to perform. Said judge, if he is a member of the State Bar of Georgia

Page 3720

in good standing shall also have the authority to hold commitment hearings. The judge of said court, if he is a member of the State Bar of Georgia in good standing, shall be permitted to engage in the practice of law except as a collection attorney and to practice law in all courts except the Small Claims Court of Troup County. Section 3 . Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. The Judge of the State Court of Troup County shall appoint some competent person who is a resident of Troup County and who is a member of the State Bar of Georgia in good standing, as judge pro hac vice of the Small Claims Court of Troup County, to discharge the duties of the office of the Judge of the Small Claims Court of Troup County temporarily when the judge of said court is unable or disqualified to discharge the duties of his office. The judge pro hac vice shall be paid as may be directed by the Judge of the State Court of Troup County a fee not to exceed $15.00 out of county funds for each commitment hearing he conducts. When the appointment of such a person as judge pro hac vice, together with his oath, which shall be the same as is required of the judge of said court, have been recorded in the office of the judge of the probate court of said county, such judge pro hac vice may exercise all the powers of the Judge of the Small Claims Court of Troup County, including the authority to hold commitment hearings. His appointment may be vacated at any time by order of the Judge of the State Court of Troup County to be likewise recorded, and any other competent person who is a resident of Troup County and who is a member of the State Bar of Georgia in good standing, may be appointed as judge pro hac vice as herein provided. The compensation of such judge pro hac vice provided for in this section, except for commitment hearings, shall be paid by the Judge of the Small Claims Court of Troup County from his salary and not from the treasury of Troup County. Judge pro hac vice. (b) If the Judge of the Small Claims Court of Troup County is a member of the State Bar of Georgia in good

Page 3721

standing, the judge of said court shall hold commitment hearings unless he is unable or disqualified to discharge the duties of his office. Section 4 . Said Act is further amended by adding a new paragraph at the end of section 15 to read as follows: When so requested it shall be the duty of said clerks to assist either party in the preparation of court documents in connection with any civil action filed or pending in said court. Clerk. 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 1976 session of the General Assembly of Georgia, a bill to amend an act creating the Small Claims Court of Troup County, approved March 23, 1972 (Ga. L. 1972, p. 2369); and for other purposes. This 30th of January, 1976. /s/ Marvin Jones, Chairman W. A. Abernathy C. B. Hogg Lewis C. Davis W. A. Crawford 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: January 30, February 6, 13, 1976.

Page 3722

/s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. TROUP COUNTY STATE COURT JUDGEQUALIFICATION'S CHANGED. No. 1278 (House Bill No. 1930). An Act to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2309), and by an Act approved March 31, 1972 (Ga. L. 1972, p. 3214), so as to change the qualifications of the judge of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2309), and by an Act approved March 31, 1972 (Ga. L. 1972, p. 3214), is hereby amended by striking from the first paragraph of section 5 the words twenty-seven, four and five in their entirety and inserting in lieu thereof the words twenty-five, two and two, respectively, so that the first paragraph of section 5 when so amended shall read as follows:

Page 3723

Section 5. Judge; Qualifications; Oath; Salary : Any person who shall be elected Judge of said Civil and Criminal Court of Troup County must, at the time of his election be at least twenty-five years of age; he must also have been a resident of Troup County for two years immediately preceding his election, and must have been a practicing attorney for at least two years immediately preceding his election, and before entering upon the discharge of his duties of his office, he shall take and subscribe the following oath: `I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the Civil and Criminal Court of Troup County, according to the best of my ability and understanding, according to the laws and constitution of this State and of the United States, so help me God.' And said oath shall be forwarded to the Governor and filed in the executive department. 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 1976 session of the General Assembly of Georgia, a bill to amend an act creating the State Court of Troup County, approved March 6, 1962, (Ga. L. 1962, p. 3020), as amended, so as to change the qualifications, compensation, and duties of the judge of said court; and for other purposes. J. Crawford Ware Representative, 68th Director Edwin G. Mullinax Representative, 69th District

Page 3724

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 with is the official organ of Troup County, on the following dates: January 16, 23, 30, 1976. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CHATHAM COUNTY COMMISSIONERS, ETC.SALARY CHANGES. No. 1279 (House Bill No. 1932). An Act to amend an Act entitled An Act to create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes., approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved March 13, 1973 (Ga. L. 1973, p. 2081), so as to change the provisions relative to the compensation of the commissioners of Chatham County and ex officio judges; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3725

Section 1 . An Act entitled An Act to create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes., approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved March 13, 1973 (Ga. L. 1973, p. 2081), is hereby amended by striking in its entirety subsection (f) of section 1 and inserting in lieu thereof a new subsection (f) to read as follows: (f) The chairman of the commissioners of Chatham County and ex officio judges shall receive an annual salary of $10,000.00 payable in equal monthly installments from the funds of Chatham County. The commissioners and ex officio judges shall each receive an annual salary of $6,000.00 payable in monthly installments from the funds of Chatham County. Saaries. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, a bill to amend an act creating and organizing Commissioners of Chatham County, who shall be ex officio judges, approved February 21, 1873, (Ga. L. 1873, p. 235) as amended; to repeal conflicting laws, and for other purposes. This 30th day of January, 1976. Thomas R. Taggart 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

Page 3726

Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 30, February 6, 13, 1976. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me, this 13th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CATOOSA COUNTYBOARD OF UTILITIES COMMISSIONERSPOWERS EXTENDED. No. 1281 (House Bill No. 1936). An Act to amend an Act creating a board of utility commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to provide that the powers and duties of the Board of Utilities Commissioners for Catoosa County shall extend to and include sewer facilities in the same manner as the powers and duties heretofore vested in said Board over water facilities; to redesignate the Catoosa County Water District as the Catoosa County Water and Sewer District; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of utility commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, is hereby amended by adding between sections 4 and 5 a new section 4A to read as follows:

Page 3727

Section 4A. (a) Hereafter, the provisions of this Act providing for the powers and duties of the Board of Utilities Commissioners for Catoosa County over water facilities shall apply equally to sewer facilities, and the Catoosa County Water District is hereby redesignated as the Catoosa County Water and Sewer District. Any references in this Act to water facilities is hereby changed to refer to water and sewer facilities, and the Board of Utilities Commissioners for Catoosa County is hereby vested with the same powers and duties over sewer facilities as over water facilities, as heretofore vested in said Board. Powers. (b) As used herein, `sewer facilities' means and includes all necessary and usual facilities useful for the gathering of waste matter, individual and industrial, and the treatment of such waste, including treatment plants and lagoons and the operation, maintenance, additions, improvements, and extensions of such facilities. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the 1976 Session of the General Assembly, legislation conferring all the authority now vested in the Governing Authority of Catoosa County to create special sewer districts, to construct and finance sewer systems within said districts, to call for elections within said districts, to issue bonds and to impose taxes within said districts, and to do all further things necessary in the construction and maintenance of sewer systems to the Board of Utilities Commissioners of Catoosa County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3728

Catoosa County News which is the official organ of Catoosa County, on the following dates: January 29, February 5, 12, 1976. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. GLASCOCK COUNTY BOARD OF COMMISSIONERSELECTION OF CHAIRMANPROVISIONS CHANGED. No. 1283 (House Bill No. 1949). An Act to amend an Act creating a Board of Commissioners of Glascock County, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, so as to change the method of electing the Chairman of the Board of Commissioners of Glascock County; 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 Glascock County, approved February 8, 1945 (Ga. L. 1945, p. 569), 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 Chairman of the Board of Commissioners shall be elected by the voters of the entire county. In order to be elected Chairman of the Board of Commissioners a person must announce his candidacy for the position of

Page 3729

Chairman on or before the date he is required to file his notice of candidacy with the Judge of the Probate Court to be a candidate in the general election. The announcement shall be in the form of a public notice and it shall be published in the legal organ of the county at least one time prior to the date he is required to file his notice of candidacy. The person who announces his candidacy for the position of Chairman of the Board of Commissioners and who receives the highest number of votes cast in the general election shall be elected Chairman of the Board of Commissioners and he shall serve for a term of four years and until his successor is duly elected and qualified. It shall be the duty of the Chairman to preside at all meetings of the Board and to approve and sign the minutes of each meeting. The Board shall elect its own Vice Chairman from among its members to act in the absence or in the event of a disqualification of the Chairman and the Vice Chairman shall exercise all powers of the Chairman when presiding or when the Chairman is absent from the county. The Chairman shall have the right to vote on all questions and perform any duties imposed upon him as a member of the Board of Commissioners. 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 1976 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Glascock County, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, so as to change the method of electing the Chairman of the Board of Commissioners of Glascock County; and for other purposes. This 16th day of January, 1976. Preston B. Lewis, Jr. Senator, 21st District Tom C. Carr Representative, 105th District

Page 3730

Georgia, Glascock County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the: Gibson Record Guide legal organ for Glascock County, the following dates, to-wit: January 23, 1976, January 30, 1976, February 6, 1976, and February 13, 1976. Sworn to on the 13th day of February, 1976. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 13th day of February, 1976. /s/ Jean H. Yount Notary Public My Commission Expires Jan., 1977. Approved March 31, 1976. GLASCOCK COUNTY BOARD OF COMMISSIONERSSALARIES CHANGED, ETC. No. 1284 (House Bill No. 1950). An Act to amend an Act creating a Board of Commissioners of Glascock County, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 3952), so as to change the compensation of the chairman and other members of the board of commissioners of said county; to provide for an expense allowance for 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: Section 1 . An Act creating a Board of Commissioners

Page 3731

of Glascock County, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 3952), 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 chairman of said board shall receive a salary of $2,400.00 per annum and the other two commissioners shall each receive a salary of $1,500.00 per annum to cover all services in connection with the regular and special meetings of the board of commissioners. In addition to his salary, the chairman of said board shall also receive an expense allowance of $1,200.00 per annum. Said salaries and expense allowance shall be paid in monthly installments in the discretion of the board from funds in the county treasury, as other expenses of the county are paid. Salaries. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 Session of the General Assembly of Georgia, at the request of the Glascock County Commissioners, legislation to increase the salaries of the Tax Commissioner, County Treasurer and County Commissioners of Glascock County. We will be happy to hear from you on these matters. This 16th day of January, 1976. Preston B. Lewis, Jr. Senator, 21st District Tom C. Carr Representative, 105th District

Page 3732

Georgia, Glascock County. To Whom It May Concern. This is to certify that the legal notice attached hereto has been published in the Gibson Record Guide legal organ for Glascock County, the following dates, to-wit: January 23, 1976, January 30, 1976, February 6, 1976, and February 13, 1976. Sworn to on the 13th day of February, 1976. /s/ Alva L. Haywood Publisher. Sworn to and subscribed to before me, on the 13th day of February, 1976. /s/ Jean H. Yount Notary Public My Commission Expires Jan., 1977. Approved March 31, 1976. GLASCOCK COUNTY PROBATE COURT JUDGESALARY CHANGED. No. 1285 (House Bill No. 1951). An Act to amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County, approved March 28, 1974 (Ga. L. 1974, p. 3567), so as to change the supplement to the compensation of the Judge of the Probate Court of Glascock County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock

Page 3733

County, approved March 28, 1974 (Ga. L. 1974, p. 3567), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. In addition to all other fees, commissions, costs or any other perquisites presently being received by the Judge of the Probate Court of Glascock County, the governing authority of Glascock County is hereby authorized and directed to supplement the compensation of the judge of the probate court in the amount of $3,600.00 per annum, and such supplement shall be paid to the judge of the probate court in equal monthly installments out of the funds of Glascock County. Salary. Section 2 . This Act shall become effective on January 1, 1977. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern. Notice is hereby given that there will be introduced in the present session of the Legislature of Georgia a Bill to increase the compensation of the Probate Judge of Glascock County, Georgia by $200.00 per month effective January 1, 1977 to be paid by the Board of Commissioners of Glascock County, Georgia or by the fiscal authority of the County if any at that time. This the 27th day of January, 1976. Hubert Hughes Chairman Board of Commissioners Murray Hadden J. W. Griswell Georgia, Glascock County. To Whom It May Concern. This is to certify that the legal notice attached hereto has

Page 3734

been published in the Gibson Record Guide legal organ for Glascock County, the following dates, to-wit: January 30, 1976, February 6, 1976, and February 13, 1976. Sworn to on the 13th day of February, 1976. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 13th day of February, 1976. /s/ Jean H. Yount Notary Public My Commission Expires Jan., 1977. Approved March 31, 1976. GLASCOCK COUNTY TAX COMMISSIONERSALARY CHANGED. No. 1286 (House Bill No. 1952). An Act to amend an Act consolidating the offices of Tax Received and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County, approved February 10, 1956 (Ga. L. 1956, p. 2058), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3565), 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 Glascock County into the office of Tax Commissioner of Glascock County, approved February 10, 1956 (Ga. L. 1956, p. 2058), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3565), is hereby amended by striking section 4 of said Act in its

Page 3735

entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The tax commissioner shall be compensated in the amount of $7,200.00 per annum, to be paid in equal monthly installments from the funds of Glascock County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Glascock 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, if authorized to do so by the governing authority of Glascock County, may employ personnel to assist him in the performance of the duties of his office, and the compensation for such personnel shall be fixed jointly by the tax commissioner and the governing authority of the county. Such compensation shall be paid from the funds of Glascock 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 day. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, at the request of the Glascock County Commissioners, legislation to increase the salaries of the Tax Commissioner, County Treasurer and County Commissioners of Glascock County. We will be happy to hear from you on these matters. This 16th day of January, 1976. Preston B. Lewis, Jr. Senator, 21st District Tom C. Carr Representative, 105th District

Page 3736

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 Gibson Record Guide which is the official organ of Glascock County, on the following dates: January 23, 30, and February 6, 1976. /s/ Tom C. Carr Representative, 105th District Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. GLASCOCK COUNTY TREASURERSALARY CHANGED. No. 1287 (House Bill No. 1953). An Act to amend an Act fixing the salary of the Treasurer of Glascock County, approved August 4, 1917 (Ga. L. 1917, p. 363), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 3957), so as to change the compensation of the treasurer of said county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act fixing the salary of the Treasurer of Glascock County, approved August 4, 1917 (Ga. L. 1917,

Page 3737

p. 363), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 3957), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. The Treasurer of Glascock County shall be paid a salary of twenty-one hundred dollars ($2,100.00) per annum, for his services as such treasurer, and he shall not receive any fees, or other compensation from said office, and the said salary of twenty-one hundred dollars ($2,100.00) shall be paid said treasurer in monthly or quarterly installments pro rata, as may be agreed upon by said treasurer and the County Commissioners of Glascock County, or said treasurer may waive his right to have salary paid him monthly, or quarterly and to receive said salary at the end of each year at his option. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 Session of the General Assembly of Georgia, at the request of the Glascock County Commissioners, legislation to increase the salaries of the Tax Commissioner, County Treasurer and County Commissioners of Glascock County. We will be happy to hear from you on these matters. This 16th day of January, 1976. Preston B. Lewis, Jr. Senator, 21st District Tom C. Carr Representative, 105th District

Page 3738

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 Gibson Record Guide which is the official organ of Glascock County, on the following dates: January 23, 30, and February 6, 1976. /s/ Tom C. Carr Representative, 105th District Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. RICHMOND COUNTY SUPERINTENDENT OF SCHOOLSVACANCY PROVISIONS MADE. No. 1288 (House Bill No. 1955). An Act to amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), so as to provide for the interim filling of the vacancy of the office of Superintendent of Schools of Richmond County resulting from death, resignation or otherwise until said vacancy has been filled by the board; to set out the procedure therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3739

Section 1 . An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), is hereby amended by adding to section 6 a new subsection, to be known as subsection (e), which shall read as follows: (e) Whenever a vacancy shall occur in the Office of Superintendent of Schools by death, resignation or otherwise, the next highest ranking administrator shall exercise all the rights, powers and responsibilities of said office of Superintendent and perform all functions of said office until such vacancy has been filled by the Board of Education. 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 entitled An Act to Regulate Public Instruction in the County of Richmond approved August 23, 1872 (Ga. L. 1872, p. 456-463); as amended, particularly by an Act entitled Richmond County Education System, approved February 25, 1949 (Ga. L. 1949, p. 1435-1460); and as amended particularly by an Act entitled Richmond County, Education Laws Amended approved March 21, 1974 (Ga. L. 1974, p. 2545-2573); so as to provide for the interim filling of the vacancy of the Office of Superintendent of Schools in Richmond County, resulting from death, resignation, or otherwise until such vacancy has been filled by the Board; to set out the procedure therefor; and for other purposes. This 19th day of December, 1975. H. William Sams, Jr. Representative, 83rd District

Page 3740

Georgia, Richmond County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Morris, III, who, on oath, deposes and says that he is the publisher of Southeastern Newspapers Corporation, publishers of the Augusta Herald, the official newspaper published in Augusta, in said County and State, and that the publication of which the annexed is a true copy, was published in said paper on the 24th, and the 31st days of December, 1975, and on the 7th day of January, 1976. /s/ William S. Morris, III Publisher Sworn to and subscribed before me, this 3rd day of February, 1975. /s/ E. Arlyene Armstrong Notary Public, Richmond County Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved March 31, 1976. BARTOW COUNTY TAX COMMISSIONERSALARY CHANGED. No. 1289 (House Bill No. 1961). An Act to amend an Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2455), so as to change the compensation of the tax commissioner of Bartow County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683),

Page 3741

as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2455), is hereby amended by striking subsection (a) of section 4 in its entirety and inserting in lieu thereof a new subsection (a) which shall read as follows: (a) The tax commissioner of Bartow County shall be compensated in the amount of $15,500 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be increased by 5% for each four-year term of office completed by said officer, effective with the commencing of the succeeding term of office. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the tax commissioner. All fees, commissions, costs and all other perquisites collected by the tax commissioner shall be the property of Bartow County, and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the source from which such fees, commissions, costs or other perquisites were collected. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, legislation to change the compensation of the sheriff, tax commissioner, judge of the probate court, clerk of superior court and county commissioner of Bartow County; such change in compensation to be effective upon those persons assuming office in 1977 who are elected in the 1976 general election; and for other purposes. This 21st day of January, 1976. Joe Frank Harris Representative, 8th District

Page 3742

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 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: January 29, February 5, 12, 1976. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BARTOW COUNTY SHERIFFSALARY CHANGED. No. 1290 (House Bill No. 1962). An Act to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2988), so as to change the compensation of the sheriff of Bartow County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2988), is

Page 3743

hereby amended by striking subsection (a) of section 2 in its entirety and inserting in lieu thereof a new subsection (a) which shall read as follows: (a) The sheriff of Bartow County shall be compensated in the amount of $15,500 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be increased by 5% for each four-year term of office completed by said officer, effective with the commencing of the succeeding term of office. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, legislation to change the compensation of the sheriff, tax commissioner, judge of the probate court, clerk of superior court and county commissioner of Bartow County; such change in compensation to be effective upon those persons assuming office in 1977 who are elected in the 1976 general election, and for other purposes. This 21st day of January, 1976. 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, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention

Page 3744

to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following dates: January 29, February 5, 12, 1976. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 17th day of February, 1976. s Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved March 31, 1976. BARTOW COUNTY SUPERIOR COURT CLERKSALARY CHANGED. No. 1291 (House Bill No. 1963). An Act to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2988), so as to change the compensation of the clerk of the superior court of Bartow County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2988), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 which shall read as follows:

Page 3745

Section 3. (a) The clerk of the superior court of Bartow County shall be compensated in the amount of $15,500 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be increased by 5% for each four-year term of office completed by said officer, effective with the commencing of the succeeding term of office. Salary. (b) Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the clerk of the superior court. The clerk shall appoint (1) deputy. The clerk shall employ such clerical help as he deems necessary to perform the duties of his office, and as is approved by the governing authority of Bartow County. The compensation of such deputy and such clerical help shall be in an amount set by the clerk of the superior court and as is approved by the governing authority of Bartow County. Such compensation shall be paid in equal monthly installments from the funds of Bartow County. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, legislation to change the compensation of the sheriff, tax commissioner, judge of the probate court, clerk of superior court and county commissioner of Bartow County; such change in compensation to be effective upon those persons assuming office in 1977 who are elected in the 1976 general election; and for other purposes. This 21st day of January, 1976. Joe Frank Harris Representative, 8th District

Page 3746

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 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: January 29, February 5, 12, 1976. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BARTOW COUNTY PROBATE COURT JUDGESALARY CHANGED. No. 1292 (House Bill No. 1964). An Act to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2988), so as to change the compensation of the judge of the probate court of Bartow County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing certain of the county officers

Page 3747

of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2988), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 which shall read as follows: Section 4. (a) The judge of the probate court of Bartow County shall be compensated in the amount of $13,500 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be increased by 5% for each four-year term of office completed by said officer, effective with the commencing of the succeeding term of office. Salary. (b) Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the judge. The judge shall employ such clerical help as he deems necessary to perform the duties of his office, and as is approved by the governing authority of Bartow County. The compensation of such clerical help shall be in an amount set by the judge and as is approved by the governing authority of Bartow County. Such compensation shall be paid in equal monthly installments from the funds of Bartow County. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, legislation to change the compensation of the sheriff, tax commissioner, judge of the probate court, clerk of superior court and county commissioner of Bartow County; such change in compensation to be effective upon those persons assuming office in 1977 who are elected in the 1976 general election, and for other purposes.

Page 3748

This 21st day of January, 1976. 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, 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: January 29, February 5, 12, 1976. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BARTOW COUNTY COMMISSIONERSALARY CHANGED. No. 1293 (House Bill No. 1965). An Act to amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2988), so as to change the compensation of the commissioner of Bartow County; to provide for an effective date; to repeal

Page 3749

conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2988), is hereby amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 which shall read as follows: Section 16. The commissioner of Bartow County shall be compensated in the amount of $18,500 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be increased by 5% for each four-year term of office completed by said officer, effective with the commencing of the succeeding term of office. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the commissioner. Salary. Section 2 . This Act shall become effective on January 1, 1977. 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 1976 session of the General Assembly of Georgia, legislation to change the compensation of the sheriff, tax commissioner, judge of the probate court, clerk of superior court and county commissioner of Bartow County; such change in compensation to be effective upon those persons assuming office in 1977 who are elected in the 1976 general election, and for other purposes. This 21st day of January, 1976. Joe Frank Harris Representative, 8th District

Page 3750

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 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: January 29, February 5, 12, 1976. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CLARKE COUNTY JUVENILE COURT JUDGESALARY CHANGED. No. 1295 (House Bill No. 1969). An Act to amend an Act fixing the compensation of the Judge of the Juvenile Court of Clarke County, approved April 5, 1961 (Ga. L. 1961, p. 3108), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 2978), so as to change the compensation of the judge; 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 fixing the compensation of the Judge of the Juvenile Court of Clarke County, approved April 5,

Page 3751

1961 (Ga. L. 1961, p. 3108), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 2978), is hereby amended by striking from section 1 the following: eight thousand, five hundred ($8,500.00), and inserting in lieu thereof the following: sixteen thousand, five hundred ($16,500.00), so that when so amended, section 1 shall read as follows: Section 1. The compensation of the Judge of the Juvenile Court of Clarke County, Georgia, shall be sixteen thousand, five hundred ($16,500.00) dollars per annum, which amount shall be paid from county funds in equal monthly installments. 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 Local Legislation. Notice is hereby given that a local bill will be introduced in the January 1976 Session of the General Assembly of Georgia to fix the compensation of the Juvenile Court Judge of Clarke County and for other purposes. This the 2nd day of January, 1976. Chappelle Matthews Representative, Clarke County Georgia, Clarke County. Personally appeared before me, Robert Chambers, who being duly sworn says that he is the publisher of the Athens

Page 3752

Daily News, the Legal Gazette of Clarke County, Georgia, and that sufficient costs have been paid to publish the above legal notice on: January 2, 1976, January 9, 1976, and January 16, 1976. /s/ Robert Chambers Publisher, Athens Daily News Sworn to before me the date and year above written. This the 29th day of December, 1975. /s/ Frances P. Carter Notary Public, Clarke County, Ga. My Commission Expires Aug. 1, 1977. (Seal). Approved March 31, 1976. BULLOCH COUNTYCERTAIN OFFICERS AND EMPLOYEESSALARIES CHANGED. No. 1296 (House Bill No. 1972). An Act to provide for an increase in the compensation of certain county officers and employees of Bulloch County, to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Chairman and each member of the Board of Commissioners of Bulloch County and the Board's clerical assistants, the Chief Deputy Sheriff of Bulloch County, the Tax Commissioner of Bulloch County and his assistants, the Deputy Clerk of the Superior Court of Bulloch County and the Docket Clerk and typist of said Clerk, the clerical assistant of the Judge of the Probate Court of Bulloch County, the Coroner of Bulloch County, and the Judge and Solicitor of the State Court of Bulloch County shall have their compensation

Page 3753

increased by 2% on the first day of January, 1977, and on the first day of January of each year thereafter such compensation shall be increased an additional 2% through January 1, 1980. Salaries. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. The Public is notified that there will be introduced in the 1976 Session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices including Chairman and Board Members and First Clerical Assistant and Second Clerical Assistant in the Office of Board of Commissioners; for Sheriff, Chief Deputy and Deputy in the Sheriff's Office; for First Assistant and Second Assistant in the Tax Commissioner's Office; for Deputy Clerk, Docket Clerk, and Typist in the Clerk's Office of Superior Court; for clerical help in the Office of Probate Judge; for Coroner; for State Court Judge and Solicitor, but not including Tax Commissioner, Clerk of Superior, but not including Tax Commissioner, Clerk of Superior Court, or Probate Judge. It is contemplated that the changes in compensation will be an increase for those concerned. This January 9, 1976. W. Jones Lane Georgia House of Representatives 81st District Paul E. Nessmith Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy, Georgia State Senate, 4th District

Page 3754

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 16, 23, 30, 1976. /s/ Paul E. Nessmith, Sr. Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BULLOCH COUNTY SUPERIOR COURT CLERK'S EMPLOYEESSALARIES CHANGED. No. 1297 (House Bill No. 1973). An Act to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3046), so as to change the compensation of the clerk's 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 placing the clerk of the superior court of Bulloch County upon an annual salary, approved March

Page 3755

17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3046), is hereby amended by deleting from section 3 the following: $6,000.00, $5,400.00 and $4,800.00, and substituting in lieu thereof the following, respectively: $6,600, $6,000 and $5,400, so that when so amended, section 3 shall read as follows: Section 3. (a) The clerk of the superior court of Bulloch County shall be authorized to employ a deputy clerk and to fix his compensation at a figure not to exceed $6,600 per annum, and a docket clerk and to fix his compensation at a figure not to exceed $6,000 per annum. Said salaries shall be paid in equal monthly installments from the funds of Bulloch County. Salaries. (b) The clerk shall be further authorized to employ a typist and to fix her compensation at a figure not to exceed $5,400 per annum, such salary to be paid in equal monthly installments from the funds of Bulloch 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 to the Public. The Public is notified that there will be introduced in the 1976 session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices including Chairman and Board Members and First Clerical Assistant and Second Clerical Assistant in the Office of Board of Commissioners; for Sheriff, Chief Deputy and Deputy in the Sheriff's Office;

Page 3756

for First Assistant and Second Assistant in the Tax Commissioner's Office; for Deputy Clerk, Docket Clerk, and Typist in the Clerk's Office of Superior Court; for clerical help in the Office of Probate Judge; for Coroner; for State Court Judge and Solicitor, but not including Tax Commissioner, Clerk of Superior Court, or Probate Judge. It is contemplated that the changes in compensation will be an increase for those concerned. This January 9, 1976. W. Jones Lane Georgia House of Representatives 81st District Paul E. Nessmith Sr. Georgia House of Representatives 82nd District Joseph E. Kennedy, Georgia State Senate 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 16, 23, 30, 1976. /s/ Paul E. Nessmith, Sr. Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3757

BULLOCH COUNTY BOARD OF COMMISSIONERSSALARIES CHANGED, ETC. No. 1298 (House Bill No. 1974). An Act to amend an Act creating a board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3502), and an Act approved March 22, 1974 (Ga. L. 1974, p. 3049), so as to change the compensation of the chairman and clerk; to change the compensation of other members of the board; to change the compensation of the clerical assistants; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3502), and an Act approved March 22, 1974 (Ga. L. 1974, p. 3049), is hereby amended by striking from section 2(a) the following: $12,500.00 and $1,800.00, and substituting in lieu thereof the following, respectively: $16,000 and $2,400, so that when so amended, section 2(a) shall read as follows: Section 2(a). The salary of the chairman and clerk of said board shall be $16,000 per annum, payable in equal monthly installments, and the salary of the other two board members shall be $2,400 per annum, payable in equal monthly installments. The chairman and clerk shall devote full time to the duties of said office. The board shall have the right to furnish an automobile for the chairman and clerk to provide for his transportation while on county business. Salaries.

Page 3758

Section 2 . Said Act is further amended by striking from subsection (b) of section 2 the following: $6,600.00 and $6,000.00, and substituting in lieu thereof the following, respectively: $7,200 and $6,600, so that when so amended subsection (b) of section 2 shall read as follows: (b) The Chairman and clerk of said board is hereby authorized to employ two clerical assistants, one of whom may be compensated in an amount not to exceed $7,200 per annum, and the other may be compensated in an amount not to exceed $6,600 per annum. The compensation of said clerical assistants shall be paid in equal monthly installments from the funds of Bulloch County. Section 3 . The provisions of section 1 of this Act shall become effective on January 1, 1977. The provisions of section 2 of this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. The Public is notified that there will be introduced in the 1976 Session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices including Chairman and Board Members and First Clerical Assistant and Second Clerical Assistant in the Office of Board of Commissioners; for Sheriff, Chief Deputy and Deputy in the Sheriff's Office; for First Assistant and Second Assistant in the Tax Commissioner's Office; for Deputy Clerk, Docket Clerk, and Typist in the Clerk's Office of Superior Court; for clerical

Page 3759

help in the Office of Probate Judge; for Coroner; for State Court Judge and Solicitor, but not including Tax Commissioner, Clerk of Superior Court, or Probate Judge. It is contemplated that the changes in compensation will be an increase for those concerned. This January 9, 1976. W. Jones, Lane Georgia House of Representatives 81st District Paul E. Nessmith, Sr. Georgia House of Representatives 82nd District Joseph E. Kennedy Georgia State Senate 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 16, 23, 30, 1976. /s/ Paul E. Nessmith, Sr. Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3760

BULLOCH COUNTY TAX COMMISSIONERPERSONNEL SALARY CHANGES. No. 1299 (House Bill No. 1975). An Act to amend an Act creating the office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3043), so as to change the compensation of the tax commissioner's assistants; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3043), is hereby amended by striking from section 8A the following: $6,000.000 and $5,400.00, and substituting in lieu thereof the following, respectively: $6,600 and $6,000, so that when so amended, section 8A shall read as follows: Section 8A. The tax commissioner is hereby authorized to employ two assistants. The first such assistant shall receive a salary not to exceed $6,600 per annum, and the second such assistant shall receive a salary not to exceed $6,000 per annum. Such salaries shall be payable in equal monthly installments from the funds of Bulloch 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 3761

Notice to the Public. The Public is notified that there will be introduced in the 1976 Session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices including Chairman and Board Members and First Clerical Assistant and Second Clerical Assistant in the Office of Board of Commissioners; for Sheriff, Chief Deputy and Deputy in the Sheriff's Office; for First Assistant and Second Assistant in the Tax Commissioner's Office; for Deputy Clerk, Docket Clerk, and Typist in the Clerk's Office of Superior Court; for Clerical help in the Office of Probate Judge; for Coroner; for State Court Judge and Solicitor, but not including Tax Commissioner Clerk of Superior Court, or Probate Judge. It is contemplated that the changes in compensation will be an increase for those concerned. This January 9, 1976. W. Jones Lane Georgia House of Representatives District 81 Paul E. Nessmith, Sr., Georgia House of Representatives District 82 Joseph E. Kennedy, Georgia State Senate District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of

Page 3762

Bulloch County, on the following dates: January 16, 23, 30, 1976. /s/ Paul E. Nessmith, Sr., Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BULLOCH COUNTY CORONERSALARY CHANGED. No. 1300 (House Bill No. 1976). An Act to amend an Act placing the coroner of Bulloch County upon an annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), so as to change the compensation 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 Bulloch County upon an annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), is hereby amended by striking from section 1 the following: nine hundred dollars ($900.00), and substituting in lieu thereof the following: $1,200, so that when so amended, section 1 shall read as follows:

Page 3763

Section 1. The coroner of Bulloch County is hereby placed on a salary basis in lieu of a fee basis for all of his services, and shall be compensated in the amount of $1,200 per annum to be paid in equal monthly installments from the funds of Bulloch County. Such salary shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind previously allowed the coroner, and they shall become the property of Bulloch County and shall be paid to the fiscal officer of the county on or before the fifteenth day of each month for the preceding month. Salary. Section 2 . This Act shall become effective on January 1, 1977. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. The Public is notified that there will be introduced in the 1976 session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices including Chairman and Board Members and First Clerical Assistant and Second Clerical Assistant in the Office of Board of Commissioners; for Sheriff, Chief Deputy and Deputy in the Sheriff's Office; for First Assistant and Second Assistant in the Tax Commissioner's Office; for Deputy Clerk, Docket Clerk, and Typist in the Clerk's Office of Superior Court; for Clerical help in the Office of Probate Judge; for Coroner; for State Court Judge and Solicitor, but not including Tax Commissioner, Clerk of Superior Court, or Probate Judge. It is contemplated that the changes in compensation will be an increase for those concerned. This January 9, 1976. W. Jones Lane Georgia House of Representatives District 81
Page 3764

Paul E. Nessmith, Sr. Georgia House of Representatives District 82 Joseph E. Kennedy Georgia State Senate District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Hearld which is the official organ of Bulloch County, on the following dates: January 16, 23, 30, 1976. /s/ Paul E. Nessmith, Sr. Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BULLOCH COUNTY STATE COURT JUDGE AND SOLICITORSALARIES CHANGED. No. 1301 (House Bill No. 1977). An Act to amend an Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved April

Page 3765

3, 1972 (Ga. L. 1972, p. 3497), 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 Bulloch County, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3497), is hereby amended by striking from section 2 the following: $6,000.00, and substituting in lieu thereof the following: $8,000, so that when so amended, section 2 shall read as follows: Section 2. Be it enacted by the authority aforesaid, that there shall be a Judge of the State Court of Bulloch County, whose term of office beginning January 1, 1951, will be for a term of six (6) years, ending December 31, 1956, and each term thereafter shall be for a term of four (4) years, and whose election and qualifications shall be and remain as now fixed by law, and who shall receive a salary of $8,000 per annum, which shall be paid to him monthly by the treasurer of the County of Bulloch, or other proper authorities having charge of said county funds, and it shall be the duty of the board of commissioners of said county, or other proper officers, to make provisions annually in leving taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his own. Judge. Section 2 . Said Act is further amended by striking from that sentence of section 4, pertaining to the salary of the solicitor, the following: Solicitor. $5,500.00,

Page 3766

and substituting in lieu thereof the following: $7,200, so that when so amended, said sentence shall read as follows: The salary of said solicitor shall be the sum of $7,200 per annum to be paid out of the treasury of Bulloch County which shall be in full for all services rendered by him, and for which he shall receive no other compensation than a salary $7,200 per annum as provided herein, and which salary shall be in lieu of all fees, fines, forfeitures and insolvent costs. Section 3 . This Act shall become effective on January 1, 1977. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. The Public is notified that there will be introduced in the 1976 session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices including Chairman and Board Members and First Clerical Assistant and Second Clerical Assistant in the Office of Board of Commissioners; for Sheriff, Chief Deputy and Deputy in the Sheriff's Office; for First Assistant and Second Assistant in the Tax Commissioner's Office; for Deputy Clerk, Docket Clerk, and Typist in the Clerk's Office of Superior Court; for clerical help in the Office of Probate Judge; for Coroner; for State Court Judge and Solicitor, but not including Tax Commissioner, Clerk of Superior Court, or Probate Judge. It is contemplated that the changes in compensation will be an increase for those concerned. This January 9, 1976.

Page 3767

W. Jones Lane Georgia House of Representatives District 81 Paul E. Nessmith, Sr. Georgia House of Representatives District 82 Joseph E. Kennedy Georgia State Senate District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 16, 23, 30, 1976. /s/ Paul E. Nessmith, Sr. Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BULLOCH COUNTY SHERIFF AND DEPUTIESSALARIES CHANGED. No. 1302 (House Bill No. 1978). An Act to amend an Act placing the sheriff of Bulloch County upon an annual salary, approved March 19, 1960

Page 3768

(Ga. L. 1960, p. 2594), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3499), and an Act approved March 22, 1974 (Ga. L. 1974, p. 3055), so as to change the compensation of the sheriff and his deputies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. L. 1960, p. 2594), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3499), and an Act approved March 22, 1974 (Ga. L. 1974, p. 3055), is hereby amended by striking from section 2 the following: $12,500.00, and substituting in lieu thereof the following: $15,600, so that when so amended, section 2 shall read as follows: Section 2. The salary of the sheriff of Bulloch County shall be $15,600 per annum, payable in equal monthly installments out of county funds. Sheriff. Section 2 . Said Act is further amended by striking in its entirety subsection (a) of section 3 and substituting in lieu thereof the following: (a) The sheriff of Bulloch County shall be authorized to employ the following deputies: one chief deputy whose salary shall not exceed $9,600.00 per annum, and one junior deputy whose salary shall be $7,800.00 per annum, and both such salaries shall be payable monthly from the funds of Bulloch County. After one year of service, the deputy's salary shall be $8,400.00 per annum. Said deputies shall be of the male sex and shall be capable arresting officers. Deputies.

Page 3769

Section 3 . The provisions of section 1 of this Act shall become effective on January 1, 1977. The provisions of section 2 of this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. The Public is notified that there will be introduced in the 1976 session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices including Chairman and Board Members and First Clerical Assistant and Second Clerical Assistant in the Office of Board of Commissioners; for Sheriff, Chief Deputy and Deputy in the Sheriff's Office; for First Assistant and Second Assistant in the Tax Commissioner's Office; for Deputy Clerk, Docket Clerk, and Typist in the Clerk's Office of Superior Court; for clerical help in the Office of Probate Judge; for Coroner; for State Court Judge and Solicitor, but not including Tax Commissioner, Clerk of Superior Court, or Probate Judge. It is contemplated that the changes in compensation will be an increase for those concerned. This January 9, 1976. W. Jones Lane Georgia House of Representatives District 81 Paul E. Nessmith, Sr. Georgia House of Representatives District 82 Joseph E. Kennedy Georgia State Senate District 4

Page 3770

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 16, 23, 30, 1976. /s/ Paul E. Nessmith, Sr. Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. BULLOCH COUNTY PROBATE COURTSALARIES OF CLERICAL EMPLOYEES CHANGED. No. 1303 (House Bill No. 1979). An Act to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. L. 1960, p. 2590), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3052), so as to change the compensation of the clerical employees 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 3771

Section 1 . An Act placing the judge of the probate court of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. L. 1960, p. 2590), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3052), is hereby amended by striking from section 3 the following: $4,800.00, and substituting in lieu thereof the following: $5,400.00, so that when so amended, section 3 shall read as follows: Section 3. The judge of the probate court may appoint such clerical help as he deems necessary, but not more than $5,400.00 per annum shall be expended for the compensation of all such employees. Provided, however, that such other additional help, as may become necessary, may be employed by the judge of the probate court upon approval by the county governing authority. Not more than $6,000.00 per annum shall be expended for the compensation of all such employees. 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 to the Public. The Public is notified that there will be introduced in the 1976 session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices including Chairman and Board Members and First Clerical Assistant and Second Clerical Assistant in the Office of Board of Commissioners; for Sheriff, Chief Deputy and Deputy in the Sheriff's Office; for First Assistant and Second Assistant in the Tax

Page 3772

Commissioner's Office; for Deputy Clerk, Docket Clerk, and Typist in the Clerk's Office of Superior Court; for clerical help in the Office of Probate Judge; for Coroner; for State Court Judge and Solicitor, but not including Tax Commissioner, Clerk of Superior Court, or Probate Judge. It is contemplated that the changes in compensation will be an increase for those concerned. This January 9, 1976. W. Jones Lane Georgia House of Representatives District 81 Paul E. Nessmith, Sr. Georgia House of Representatives District 82 Joseph E. Kennedy Georgia State Senate District 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 16, 23, 30, 1976. /s/ Paul E. Nessmith, Sr. Representative, 82nd District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3773

HALL COUNTY STATE COURT JUDGE AND SOLICITORSALARIES CHANGED. No. 1304 (House Bill No. 1982). An Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Volume II, p. 939), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2505), 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 Hall County, approved August 14, 1891 (Ga. L. 1890-91, Volume II, p. 939), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2505), is hereby amended by striking from section 2 the following sentence: The judge of said State Court shall receive a salary of $22,000 per annum, payable in equal monthly installments from the funds of Hall County., so that when so amended, section 2 shall read as follows: Section 2. There shall be a judge of said State Court, who shall be elected by the qualified voters of Hall County and who shall, after the first term of office hereinafter provided for, hold an office for the term of four years, and all vacancies in the office of judge, except as hereinafter provided, shall be filled by a special election called for that purpose, and any person so elected shall serve for the remainder of the unexpired term. It shall be the duty of the judge of the probate court of Hall County, or other proper officer of said County to make provisions annually in levying taxes for this purpose. The qualifications of the judge of the State Court of Hall County shall be the same as those of a judge of the Superior Courts, and the laws prohibiting a Superior Court judge from engaging in the private practice of law shall be applicable to the judge of the State Court of Hall County. Judge.

Page 3774

Section 2 . Said Act is further amended by inserting between sections 2 and 3 a new section 2A to read as follows: Section 2A. The judge of said court shall receive a salary of $27,500 per annum. The solicitor of said Court shall receive a salary of $10,500 per annum. Said salaries shall be paid in equal monthly installments from the funds of Hall County. Salary. Section 3 . Said Act is further amended by deleting from section 4 the following phrase: , whose salary shall be $9,000.00 per annum, payable monthly, so that when so amended, section 4 shall read as follows: Section 4. There shall be a solicitor for said court who shall have practiced law for two years, who shall be elected by the qualified voters of Hall County, whose term of office after the first term of office hereinafter provided for shall be for four years; the clerk and sheriff and their deputies of the Superior Court of Hall County shall be ex officio clerk, sheriff and deputies of said State Court, and for services rendered in said court shall be entitled to the same fees as are allowed the solicitors-general and the clerks and sheriffs by law in the Superior Court, and discharge the same duties and shall be subject to the same obligations and penalties. All vacancies in the office of solicitor, except as hereinafter provided, shall be filled by special election called for that purpose, and any person so elected shall serve for the unexpired term of the solicitor whose office is vacant. Solicitor. Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3775

Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an act creating the City (now State Court) of Hall County, as amended, March 30, 1971, Ga. L. 1971, Vol. II, p. 2505, so as to change the compensation of the judge of said court and the solicitor and to provide for an effective date; and for other purposes. This 26th day of January, 1976. Joe T. Wood Representative Doug Whitmire Representative Jerry Jackson Representative Howard T. Overby State Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood who, on oath, deposes and says that he is Representative from the 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: January 28, February 4, 11, 1976. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3776

TOWN OF GAYCHARTER AMENDEDTERMS OF OFFICE CHANGED, ETC. No. 1305 (House Bill No. 1983). An Act to amend an Act incorporating the Town of Gay in Meriwether County and granting certain powers and privileges to said town, approved August 22, 1907 (Ga. L. 1907, p. 669), so as to change the terms of office of the mayor and councilmen; to change the provisions relative to the date of the election; 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 Gay in Meriwether County and granting certain powers and privileges to said town, approved August 22, 1907 (Ga. L. 1907, p. 669), 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 present mayor and councilmen of the Town of Gay shall serve out the remainder of their terms of office. An election shall be held in said town, at such place as the mayor of said town shall direct and designate, on the first Tuesday in March, 1977, and on the first Tuesday in March every two years thereafter, for a mayor and four councilmen, who shall hold their offices for two years or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places. Said notice shall be posted ten days before said election. Said election shall be held under the law governing the election of members of the General Assembly, and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take an oath to well and truly discharge the duties of the offices. Terms. Election.

Page 3777

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 1976 session of the General Assembly of Georgia, a bill to amend the charter of the City of Gay, so as to change the term of office of the mayor; and for other purposes. This 17th day of January, 1976. /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. 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 22, 29, and February 5, 1976. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3778

CITY OF AUSTELLCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1306 (House Bill No. 1984). 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, 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, is hereby amended by adding following section T a new section to be known as section U to read as follows: Section U. 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 142 of the 18th District, 2nd section of Cobb County, Georgia, and being a portion of Lot 1 of the George B. McKenney Subdivision, as per plat made by John Duard Hutcheson, recorded in Plat Book 15, Page 114, Cobb Superior Court, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin at the northeast intersection of Brook Forrest Road and Mulberry Street; thence running south 70 degrees 30 minutes east 130 feet along the northerly side of Brook Forrest Road to an iron pin; thence running north 20 degrees 00 minutes east 155 feet to an iron pin; thence running south 87 degrees 00 minutes west 173

Page 3779

feet to an iron pin on the easterly side of Mulberry Street; thence running southerly along the easterly side of Mulberry Street 99.7 feet to an iron pin and the point of beginning. TRACT 2 All that tract or parcel of land lying and being in Land Lot 142 of the 18th District, 2nd section of Cobb County, Georgia, and being a portion of Lot 1 of the George B. McKenney Subdivision as per plat made by John Duard Hutcheson recorded in Plat Book 15, Page 114, Cobb County Records, and being more fully described as follows: BEGINNING at an iron pin on the northerly side of Brook Forrest Road located 130 feet southeasterly as measured along the northerly side of Brook Forrest Road from the intersection of the northerly side of Brook Forrest Road and the easterly side of Mulberry Street; running thence north 20 degrees 00 minutes east 155 feet to an iron pin; thence east 21 feet to an iron pin; thence northerly 89.3 feet to an iron pin; thence east 100 feet to the northwest corner of property shown on said plat as owned by Edwin McKenney; thence southerly, along said McKenney property, 286.8 feet to Brook Forrest Road; thence northwesterly, along said road, 130.8 feet to the point of beginning. TRACT 3 All that tract or parcel of land lying and being in Land Lot 1302, of the 19th District, 2nd section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the southerly side of Bankhead Highway #78, 150 feet easterly as measured along the southerly side of Bankhead Highway #78, from the southeast corner of the intersection of Bankhead Highway #78 and Pinecrest Road; thence running southeasterly along the southwesterly side of Bankhead Highway #78, 256 feet to an iron pin; thence south 1 degree 30 minutes west, 411 feet to an iron pin; thence north 85 degrees 48 minutes west, 421.3 feet to an iron pin on the east side of

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Pinecrest Road; thence running north along the east side of Pinecrest Road, 217 feet to an iron pin; thence east 150 feet to an iron pin; thence north 200 feet to an iron pin on the southerly side of Bankhead Highway #78 and the point of beginning. TRACT 4 All that tract or parcel of land lying and being in Original Land Lot 1302, 19th District, 2nd section, Cobb County, Georgia, being more particulary described as follows: BEGINNING at an iron pin located at the intersection of the southerly side of Bankhead Highway #78 with the east side of Pinecrest Road and running thence easterly along the southerly side of Bankhead Highway #78, 150 feet to an iron pin; running thence in a southerly direction parallel to the east side of Pinecrest Road, 200 feet to an iron pin; thence west a distance of 150 feet to an iron pin located on the east side of Pinecrest Road; thence north along the east side of Pinecrest Road 200 feet to an iron pin at the point of beginning. TRACT 5 All that tract or parcel of land lying and being in Land Lots 1302 and 1303 of the 19th District of the 2nd section, Cobb County, Georgia, as recorded in Cobb County Records, and being more fully described as follows: BEGINNING at an iron pin located in the southeast corner of Land Lot 1303 and running thence south 89 degrees 59 minutes west 264.3 feet to an iron pin; running thence south 88 degrees 49 minutes 30 seconds west 104.9 feet to an iron pin; running thence south 88 degrees 52 minutes west 205.36 feet to an iron pin; thence running north 01 degrees 05 minutes 30 seconds west 740.0 feet to an iron pin located on the southerly side of Bankhead Highway #78; running thence south 82 degrees 06 minutes 30 seconds east 530.65 feet to a right-of-way monument; continuing along the southerly side of Bankhead Highway #78 along said right-of-way and following the curvature thereof

Page 3781

along an arc whose chord lies south 84 degrees 52 minutes east and measures 152.35 feet to an iron pin located in Land Lot 1302; running thence south 00 degrees 35 minutes west 400 feet to an iron pin; thence south 89 degrees 41 minutes east 197 feet to an iron pin; thence running south 00 degrees 09 minutes west 16.8 feet to an iron pin; running thence south 00 degrees 41 minutes 30 seconds west 221.2 feet to an iron pin on the south line of Land Lot 1302; thence running south 88 degrees 21 minutes west along said land lot line 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 1976 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 14th day of January, 1976. 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 3782

who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 29, February 5, 12, 1976. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 18th day of February, 1976. /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 1976 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 26th day of December, 1975. 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 3783

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 30, February 6, 13, 1976. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. TOWN OF LUTHERSVILLECHARTER AMENDEDTERMS OF OFFICE CHANGED. No. 1307 (House Bill No. 1985). An Act to amend an Act creating a new charter for the Town of Luthersville, approved August 13, 1910 (Ga. L. 1910, p. 874), as amended, so as to change the terms 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 Town of Luthersville, approved August 13, 1910 (Ga. L. 1910, p. 874), as amended, is hereby amended by striking from section 4 the following:

Page 3784

Be it further enacted by the authority aforesaid, that the term of the mayor and councilmen of said town of Luthersville shall be one year, and until his successor is elected and qualified, and that the first election for mayor under this charter shall be on the first Monday in January 1924, and annually thereafter on the first Monday in January; and that the term of each councilman of said town shall be for one year; and until his successor is elected and qualified., and inserting in lieu thereof the following: The present mayor and councilmen of the Town of Luthersville shall serve out the remainder of their terms of office. Beginning with the 1977 election, councilmen shall be elected from posts, to be designated councilmen post 1, post 2, post 3 and post 4. All candidates shall designate the post for which they are offering as a candidate. On the first Monday in January, 1977, and every two years thereafter, the mayor and councilmen elected to post 1 and post 2 shall be elected for two-year terms and until their successors are elected and qualified. On said election date in 1977, the councilmen elected to post 3 and post 4 shall be elected for one-year terms and until their successors are elected and qualified. On the first Monday in January, 1978, and every two years thereafter, the councilmen elected to post 3 and post 4 shall be elected for two-year terms and until their successors are elected and qualified., so that when so amended, section 4 shall read as follows: Section 4. The present mayor and councilmen of the Town of Luthersville shall serve out the remainder of their terms of office. Beginning with the 1977 election, councilmen shall be elected from posts, to be designated councilmen post 1, post 2, post 3 and post 4. All candidates shall designate the post for which they are offering as a candidate. On the first Monday in January, 1977, and every two years thereafter, the mayor and councilmen elected to post 1 and post 2 shall be elected for two-year terms and until their successors are elected and qualified. On said election date in 1977, the councilmen elected to post 3 and post 4 shall be

Page 3785

elected for one-year terms and until their successors are elected and qualified. On the first Monday in January, 1978, and every two years thereafter, the councilmen elected to post 3 and post 4 shall be elected for two-year terms and until their successors are elected and qualified. At the first regular meeting of the mayor and councilmen after their election and qualification or any subsequent meeting, they shall elect from the board of councilmen a mayor pro tem. whose term of office shall be for one year. In the event a vacancy occurs in the office of mayor and councilmen, by reason of resignation, removal from town, death or otherwise, the town council shall order an election to fill said vacancy, which election shall be held in not less than ten days from the date of said vacancy and as soon as practicable after said vacancy occurs notice of which election shall be published once in a newspaper in said town; provided there is one published, and by posting a written notice thereof for ten days at post office, and one or more public places in said town; said election shall be held and managed, returns made and results declared in the same manner as regular elections, as hereinafter provided; provided, however, that if a vacancy occurs in office of mayor or councilmen, with less than three months from the date of the next regular election, the town council shall themselves select and elect some fit and proper person for said vacancy and by resolution declare him chosen to fill the vacancy. If the office of mayor pro tem. shall from any cause become vacant, the town council shall elect one of the remaining councilmen as mayor pro tem. for the unexpired term. Terms. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend the charter of the City of Luthersville, so as to change the term of office of the mayor; and for other purposes. This 17th day of January, 1976.

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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 22, 29, and February 5, 1976. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CERTAIN COUNTIESCERTAIN EXPENSES FOR PAUPERS BURIAL PROVIDED. (90,000 - 140,000). No. 1308 (House Bill No. 1988). An Act to provide that the governing authority or the county fiscal agent in all counties of Georgia, having a population of not less than 90,000 or more than 140,000 according to the 1970 United States Decennial Census, or any such future census, is authorized to expend tax funds for the purpose of the preparation of dead bodies for

Page 3787

interment and the interment of paupers and indigents upon the governing authority's order for the disposition of such bodies; to provide for statements to be submitted on the cost by the authorized entity handling such duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Notwithstanding any other provision of law, the governing authority or the fiscal agent of any and all counties of the State of Georgia having a population of not less than 90,000 or more than 140,000 according to the 1970 United States Decennial Census, or any such future census, is hereby authorized to pay to the person, corporation or legal entity designated by the governing authority to handle the dead body of any pauper or indigent, a sum not to exceed $350.00 per body handled upon approval of an itemized bill or statement furnished to the governing authority that said services have been rendered. The body shall be interred at a location directed by the governing authority. Said services shall be rendered in accordance with appropriate standards for the handling of said matters. Expenses. Section 2 . The funds paid shall be paid from the general funds of the county and may be less than $350.00 per body handled, but not more. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CITY OF AUGUSTACHARTER AMENDEDCERTAIN SUCCESSION OF COUNCIL MEMBERS PROHIBITED, ETC. No. 1309 (House Bill No. 1993). An Act to amend the charter of the City of Augusta (Ga. L. 1798), as amended, particularly by an Act approved

Page 3788

February 8, 1955 (Ga. L. 1955, p. 2120), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3748), so as to change the residency requirements for members of the council; to provide that members of the council may not succeed themselves after completing a third consecutive term in office; to repeal conflicting laws: and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The charter of the City of Augusta (Ga. L. 1798), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3748), is hereby amended by striking from section 1 of the amendatory Act, approved February 8, 1955 (Ga. L. 1955, p. 2120), the following: three (3) years, as it appears in the third paragraph of said section, and substituting in lieu thereof the following: one year, so that when so amended, the third paragraph of section 1 shall read as follows: Qualifications of members of council . The qualifications of a member of council are that he shall be a citizen of the United States who has attained the age of twenty-one (21) years, shall be a citizen of the State of Georgia, a resident of the County of Richmond and a resident of and actually domiciled in the ward from which elected at the time of the election, and shall have been such a resident and so domiciled for one year before the election. Section 2 . Said Act is further amended by striking in its entirety the sixth paragraph of section 1 of said amendatory Act of 1955, and substituting in lieu thereof the following: Succession of council members . After completing a third consecutive term, a member of the council shall not be

Page 3789

eligible to succeed himself in office, but in any subsequent election after the completion of a third consecutive term, any such person shall be eligible to offer as a candidate for the council. 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 1976 session of the General Assembly of Georgia to provide that the Mayor and Councilmen for The City Council of Augusta can succeed themselves in office and further to provide that the residency requirement for Councilmen would be one year in the Ward such Councilman is seeking to represent; and for other purposes. Samuel F. Maguire Attorney for The City Council of Augusta 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: December 19, 1975, December 26, 1975, January 2, 1976 and January 9, 1976. /s/ W. S. Morris, III Sworn to and subscribed before me, this 20th day of January 1976. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved March 31, 1976.

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GLYNN COUNTY PROBATE COURT JUDGE'S DEPUTIESSALARIES CHANGED. No. 1310 (House Bill No. 1994). An Act to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 3569), so as to change the provisions relative to the compensation of the deputies 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 abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 3569), is hereby amended by striking in section 5(b), the following: $10,000, and substituting in lieu thereof, the following: $13,000, so that when so amended, section 5(b) shall read as follows: (b) The judge of the probate court shall be authorized to employ one or more deputies. The judge of the probate court shall fix the salaries of such deputies but the total of such salaries shall not exceed $13,000 annually. Such salaries shall be paid in equal monthly installments from the funds of Glynn County. Salaries. Section 2 . This Act shall become effective on the first

Page 3791

day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and Judge of the Probate Court, and the Employees of said officers as amended by No. 1302 (House Bill No. 1750) Ga. L. 1974, p. 3569, to increase the compensation of the Employees of the Judge of the Probate Court, to provide an effective date for said Act, to repeal conflicting laws, and for any pertinent purpose. This January 28th, 1976. J. Wesley Jernigan Judge, Probate Court, Glynn County, Georgia 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 30, February, 6, 13, 1976. /s/ Eston A. Harden Representative, 154th District

Page 3792

Sworn to and subscribed before me, this 19th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. TIFT COUNTY BOARD OF COMMISSIONERSCHAIRMANSALARY CHANGED. No. 1311 (House Bill No. 1996). An Act to amend an Act creating a Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to change the compensation of the chairman of said board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended is hereby amended by striking from subsection (b) of section 4A the following: $10,800.00, and inserting in lieu thereof the following: $12,000.00, so that when so amended, subsection (b) shall read as follows: (b) The chairman of the board of commissioners shall be compensated in the amount of $12,000.00 per annum payable in equal monthly installments from the funds of Tift County. Salary.

Page 3793

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 1976 session of the General Assembly of Georgia, a bill to change the compensation of the Chairman of the Board of Commissioners of Tift County; and for other purposes. Board of Commissioners Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Wilkes Carter 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 Daily Tifton Gazette which is the official organ of Tift County, on the following dates: January 24, 31, and February 7, 1976. /s/ Jack Wilkes Carter Representative, 146th District Sworn to and subscribed before me, this 19th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

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TOWN OF FORT OGLETHORPECHARTER AMENDEDSALARIES OF ALDERMEN CHANGED. No. 1312 (House Bill No. 1997). An Act to amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, so as to change the provisions relating to the compensation of aldermen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, is hereby amended by striking from section 19 the following: two hundred and fifty eight dollars ($258.00) per year, and inserting in lieu thereof the following: four hundred dollars ($400.00) per year, so that when so amended section 19 shall read as follows: Section 19. Salaries of the Mayor and Aldermen. Be it further enacted that the mayor shall receive a salary not in excess of fifteen hundred dollars ($1,500.00) per year, payable monthly, and each of the aldermen of said town may be paid compensation not in excess of four hundred dollars ($400.00) per year for their services. Provided the salaries of the mayor and aldermen may be fixed and regulated by the board of aldermen at the beginning of each calendar year. 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 3795

Notice of Intent to Introduce Local Legislation. There will be introduced in the 1976 session of the General Assembly of Georgia a bill increasing the salary of the aldermen of the Town of Fort Oglethorpe, Georgia from the amount of $258 annually to the amount of $400 annually. This 26th day of January, 1976. Wayne Snow, Jr. State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following dates: January 29, February 5, 12, 1976. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. WALKER COUNTY TAX COMMISSIONERPERSONNEL SALARY CHANGES, ETC. No. 1313 (House Bill No. 1998). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the

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office of Tax Commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended by an Act approved January 23, 1970 (Ga. L. 1970, p. 2005), an Act approved March 30, 1971 (Ga. L. 1971, p. 2317), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3311), so as to change the total amount which deputies, clerks, assistants and other personnel may receive; to provide that there shall be set aside by the County Commissioner of Walker County and emergency fund; to provide for the practices, procedures and requirements in connection 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 consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended by an Act approved January 23, 1970 (Ga. L. 1970, p. 2005), an Act approved March 30, 1971 (Ga. L. 1971, p. 2317), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3311), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. (a) The above named officer shall have authority to appoint his deputies, clerks, assistants and other personnel. Said tax commissioner shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants or other personnel appointed by said official shall not exceed the total sum of $35,000 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Salaries. (b) There shall be set aside by the Commissioner of Walker County an emergency fund of $5,000, which shall be available to the tax commissioner for the purpose of hiring additional assistants in the event that such assistance is deemed necessary or to meet any other emergency arising in the office of tax commissioner. The tax commissioner shall,

Page 3797

from time to time, recommend to the Commissioner of Walker County, Georgia, the number of additional personnel needed by his office, together with the suggested compensation to be paid each employee. It shall be within the sole discretion of the Commissioner of Walker County to fix the compensation to be received by each additional employee in said office. It shall be within the sole power and authority of said tax commissioner during his respective term of office to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his 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 bcomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend an act placing the tax commissioner of Walker County, Georgia, on a salary basis, approved Jan. 27, 1964, as amended, so as to provide for the change in the total amount which deputies, clerks, assistants, and other personnel might receive: and to further provide for a contingency fund to be maintained by the county commissioner in an amount not to exceed $5,000 for the use of all county offices in the discretion of the county commissioner in the event additional funds are needed for the operation of such county offices. This fifth day of January, 1976. Wayne Snow, Jr. Representative, District 1, Post 1

Page 3798

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 28, February 4, 11, 1976. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 1st day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. WALKER COUNTY SUPERIOR COURT CLERKPERSONNEL SALARY CHANGES, ETC. No. 1314 (House Bill No. 1999). An Act to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Walker County and providing in lieu thereof an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, so as to change the total amount which deputies, clerks, assistants and other personnel might receive; to provide that there shall be set aside by the County Commissioner of Walker County an emergency fund; to provide for the practices, procedures and requirements in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3799

Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the fee system of compensation for the Clerk of Superior Court of Walker County and providing in lieu thereof an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), 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. (a) The above named officer shall have authority to appoint his deputies, clerks, assistants and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants and other personnel appointed by said officer shall not exceed the total sum of $25,000 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Salaries. (b) There shall be set aside by the Commissioner of Walker County an emergency fund of $5,000, which shall be available to the clerk of superior court for the purpose of hiring additional assistants in the event that such assistance is deemed necessary or to meet any other emergency arising in the office of clerk of superior court. The clerk of superior court shall, from time to time, recommend to the Commissioner of Walker County, Georgia, the number of additional personnel needed by his office, together with the suggested compensation to be paid each employee. It shall be within the sole discretion of the Commissioner of Walker County to fix the compensation to be received by each additional employee in said office. It shall be within the sole power and authority of said clerk during his respective term of office to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his discretion. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved

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by the Governor or in which it becomes law without his approval. effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to amend an act placing the clerk of superior court of Walker County, Georgia, on a salary basis, approved Jan. 27, 1964, as amended, so as to provide for the change in the total amount which deputies, clerks, assistants, and other personnel might receive: and to further provide for a contingency fund to be maintained by the county commissioner in an amount not to exceed $5,000 for the use of all county offices in the discretion of the county commissioner in the event additional funds are needed for the operation of such county offices. This fifth day of January, 1976. Wayne Snow, Jr. Representative, District 1, Post 1 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 28, February 4, 11, 1976. /s/ Wayne Snow, Jr. Representative, 1st District

Page 3801

Sworn to and subscribed before me, this 18th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CERTAIN COUNTIESBOARD OF ZONING APPEALSMEMBERSHIP INCREASE AUTHORIZATION. (170,000 - 195,000). No. 1315 (House Bill No. 2000). An Act to provide that the Board of Commissioners of certain counties may increase the membership of the Board of Zoning Appeals; 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 170,000 nor more than 195,000, according to the United States Decennial Census of 1970 or any such future census, the Board of Commissioners may provide that the Board of Zoning Appeals may be composed of seven members. 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 hereby repealed. Approved March 31, 1976.

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TALIAFERRO COUNTY SUPERIOR COURT CLERK PLACED ON SALARY. No. 1316 (House Bill No. 2008). An Act to abolish the present mode of compensating the Clerk of Superior Court of Taliaferro 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, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the Clerk of Superior Court of Taliaferro County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2 . The clerk of superior court shall receive an annual salary of $7,000.00, 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 superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding

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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 superior court shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Personnel. Section 5 . The necessary operating expenses of the clerk of superior court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement 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 Taliaferro 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.

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Notice of Intention to Introduce Local Legislation. At the request of the Commissioners of Roads and Revenues of Taliaferro County, Georgia, notice is hereby given that a bill, or bills, will be introduced in the General Assembly of Georgia at the 1976 regular session thereof to place on salary the Clerk of Superior Court of Taliaferro County, Georgia in lieu of the fee system of compensation; to require that all fees collected by such Clerk be paid into the County Treasury; and for other purposes. This 24th day of January, 1976. 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 Advocate Democrat which is the official organ of Taliaferro County, on the following dates: Jan. 30, Feb. 6, Feb. 13, 1976. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 20th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

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CITY OF MONROECHARTER PROVISIONS CHANGEDCORPORATE POWERS CHANGED. No. 1317 (House Bill No. 2009). An Act to amend an Act reincorporating the City of Monroe and creating a new charter for said city, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to change the corporate powers of the city; to change the provisions relating to the granting of franchises and the making of contracts for public utilities and public services; 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 and creating a new charter for said city, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, is hereby amended by striking subsection (g) of section 1.03, which reads as follows: (g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission., and inserting in lieu thereof a new subsection (g), to read as follows: (g) To grant franchises or make contracts for public utilities and public services including but not limited to those above, for periods of time which are deemed wise by the City Council and limited only by general law of the State of Georgia and the Constitution of the State of Georgia. The City Council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission. Powers.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to the request of the Mayor and Council of the City of Monroe, there will be introduced at the 1976 Regular Session of the General Assembly of Georgia an Act which shall by its passage amend the Charter of the City of Monroe, Georgia, Article I, section 1.03 (g) so that the governing body of the City of Monroe shall have authority to grant franchises and make contracts for public utilities and public services for a length of time limited only by general law and the Georgia Constitution. This the 15th day of January, 1976. 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 22, 29, and February 5, 1976. /s/ Bobby Carrell Representative, 75th District Sworn to and subscribed before me, this 20th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3807

NEWTON COUNTY SMALL CLAIMS COURT CREATED. No. 1318 (House Bill No. 2010). An Act to create and establish a Small Claims Court in and for Newton 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 validating the acts of said court and the proceedings therein; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court in and for Newton County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved is not less than $1.00 and 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. Created.

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Section 2 . Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Newton County, at least twenty-two years of age, have completed a high school education, and must be a person of moral 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 Newton 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. Vacancy. 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

Page 3809

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 $7.50. 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.

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(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 receipt 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 $17.50 with the court, which shall cover all costs of the proceeding. The deposit of cost in cases of attachment, garnishment or trover shall be $17.50. 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 $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9 . (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. Trial.

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(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 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 Newton County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes

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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. 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.

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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 Newton County Georgia Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim, and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim, which is to be filed with the court may be verified by the plaintiff or his agent as follows:) State of Georgia County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

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Sworn and subscribed before me, thisday of, 19. Notice. You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofdollars ($), as shown by the foregoing statement. The court will hold a hearing upon this claim onat.m. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summonded, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.

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You may come with or without an attorney. (Seal). Section 18 . Within thirty days after 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 expiring on January 1, 1977. Successors shall be appointed in the same manner as the initial appointment and shall serve a term of office of two years and until a successor is duly appointed and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Governor, and such successor shall serve for the remainder of the unexpired term. Judge, appointment. 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 . Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in

Page 3816

the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 21 . 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 22 . The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Fines. Section 23 . The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Fees.

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Section 24 . 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 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 1976 Session of the General Assembly of Georgia a bill to create a Small Claims Court for Newton County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 26th day of January, 1976. 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 29, and February 5, 12, 1976. /s/ Bobby Sigman Representative, 74th District

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Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. MACON-BIBB COUNTY, GEORGIANEW CHARTERREFERENDUM. No. 1320 (House Bill No. 2017). An Act to create a new political entity to be known as Macon-Bibb County, Georgia, which shall be a merger of the County of Bibb and the City of Macon; to provide for unification, form, boundaries and limitations; to provide for powers of the Unified Government; to provide for the legislative branch; to provide for the executive branch; to provide for the judicial branch; to provide for elections; to provide for governmental finances; to provide for general provisions; to provide for interim provisions; to provide for council districts; to provide for a code of ethics and prohibited practices; to provide for 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: ARTICLE I UNIFICATION, FORM, BOUNDARIES AND LIMITATIONS Section 1-101. City and County Unified . The governmental and corporate powers, duties and functions now vested in the City of Macon, a municipal corporation created

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by an Act of the General Assembly, approved December 8, 1823 (Ga. L. 1823, p. 162), as amended, and particularly but not in limitation as amended by an Act of the General Assembly, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, are hereby unified with the governmental and corporate powers, duties and functions of the County of Bibb, such unification of the governments of the City of Macon and the County of Bibb being pursuant to constitutional power granted by Article XI, Section I, Paragraph VII of the Constitution of Georgia of 1945, as amended, particularly by an amendment ratified at the general election held on November 4, 1958 (Ga. L. 1958, p. 497). Said ratification shall result in the establishment of a single countywide government with powers and jurisdiction throughout the territorial limits of Bibb County, which single government shall supersede and replace the governments of the City of Macon and the County of Bibb, and to the extent provided in this charter, shall also supersede and replace any public authorities and special service districts located and operating within Bibb County. Said countywide government shall be a new political entity, a body politic and corporate, and a political subdivision of the State, to be known as Macon-Bibb County, Georgia (herein at times called the Unified Government), having all the governmental and corporate powers, duties and functions heretofore held by and vested in the City of Macon and Bibb County, and also the powers, duties and functions provided in this charter. The Unified Government shall be a public corporation; shall have perpetual succession; shall, without the necessity or formality of a deed, bill of sale or other instrument of transfer, own, possess and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, real and personal property theretofore owned, possessed, enjoyed or held by the City of Macon and the County of Bibb; and by the name of Macon-Bibb County, Georgia, shall be able to contract and be contracted with, sue and be sued, plead and be impleaded in all courts of this State, and do all other acts relating to its corporate capacity; and shall be able in law and equity to purchase, have and hold, receive, enjoy, accept, possess and retain for the use and benefit of said Macon-Bibb County, Georgia, in perpetuity or for any term of years, any

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estate or estates (real or personal), lands, tenements, hereditaments of whatsoever kind or nature within or without the territorial limits of the Unified Government, as may be devised, bequeathed, sold or by any manner conveyed or dedicated to or otherwise acquired by Unified Government, and to use, manage and improve, sell and convey, rent or lease same; and to have and use a common seal. From and after the effective date of this charter, the political subdivision known as Bibb County, Georgia, and the municipal corporation known as the City of Macon, Georgia, shall be merged into the said new political entity herein created. Section 1-102. Form of Government . The Unified Government provided by this charter shall be known as the Mayor-Council form of government. Section 1-103. Boundary of the Unified Government . The territory embraced in the Unified Government shall be the total area of Bibb County, as the same may be now or hereafter fixed and established by law. Section 1-104. Limitations . Nothing contained in this charter shall be construed so as to affect the status of any incorporated municipality located within Bibb County other than the City of Macon, and the status or relationship that such incorporated municipalities bear to Bibb County and the City of Macon prior to the adoption of this charter shall continue to the same extent with the Unified Government. ARTICLE II POWERS OF THE UNIFIED GOVERNMENT Section 2-101. Powers and Obligations . (a) Macon-Bibb County, Georgia, shall have, succeed to and be vested with, and to the same extent as if herein repeated, all rights, powers, duties, privileges, immunities and authority that the City of Macon or Bibb County, or both, have under the Constitution and general and special laws of Georgia at the time of the adoption of this charter, and shall be subject to all the penalties, forfeitures, liabilities and obligations of the City of Macon and the County of Bibb as the same may

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exist upon the effective date of this charter, except as herein expressly modified. (b) In addition to the foregoing, the Unified Government shall have all rights, powers, duties, privileges, immunities and authority herein conferred or herein enlarge, and such other rights, powers, duties, privileges, immunities and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both by the Constitution of Georgia and laws of this State, including the powers vested in the Unified Government by this charter. (c) The Unified Government, in addition to the rights, duties, powers, privileges, immunities and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the lawful exercise of its corporate powers and governmental duties and functions. (d) No enumeration of any right, power, privilege, immunity or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege, immunity or authority hereinabove set forth. (e) No repeal of any law under which the Unified Government derives any right, power, privilege, immunity or authority, except by amendment of this charter as herein provided, shall be construed as limiting or abolishing any right, power, privilege, immunity or authority set forth in this section.

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(f) The unified government shall continue to furnish water and sewer service to residents of that portion of Jones County, Georgia, which is presently a part of the City of Macon and shall charge said residents for said service at the same rates paid by residents of said unified government. Said unified government shall also continue to maintain said water and sewer lines and fire plugs and furnish fire protection to said residents and shall be entitled to charge the owner of each residential building and the owner of each commercial building a yearly fee of up to ten dollars for said fire protection and shall be entitled to collect said fee as ad valorem taxes are collected. The provisions in Article II, section 2-101 (f) shall not be amended out of this charter or changed under section 8-201 of Chapter 2 of this charter, except by Act of the General Assembly of Georgia. ARTICLE III LEGISLATIVE BRANCH Chapter 1. The Council Section 3-101. Number and Composition . (a) The total membership of the Council shall be fifteen (15) members. The Council shall be composed of twelve (12) district Councilmen (two from each of the six districts hereinafter created in Section 6-201 of this charter), and three (3) at-large Councilmen, to be elected by the qualified electors of the Unified Government irrespective of the election district in which such Councilmen reside. (b) Each council post shall be numbered. The district Councilmen posts shall be designated respectively as Post No. 1 and Post No. 2 for District number 1; Post No. 3 and Post No. 4 for District number 2; Post No. 5 and Post No. 6 for District number 3; Post No. 7 and Post No. 8 for District number 4; Post No. 9 and Post No. 10 for District number 5; and Post No. 11 and Post No. 12 for District number 6; and the Councilmen-at-large posts shall be designated respectively as Post No. 13, Post No. 14 and Post No. 15. Section 3-102. Term of Office; Qualifications; Election . (a) The terms of the Councilmen shall be four years and

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until their successors are elected and qualified, except that a Councilman elected to fill a vacancy shall serve only for the balance of the unexpired term. (b) A Councilman shall be a citizen of the United States, shall have been a resident and qualified elector of the Unified Government continuously for at least two years prior to the date of his election, and shall be at least twenty-one years of age unless otherwise authorized by law when elected to office. In addition to such qualifications, a district Councilman shall have been a resident of the district from which elected for a period of at least twelve (12) months prior to the date of his election and shall continue to reside therein during his term of office. Any Councilman who removes his residence from the Unified Government or in the case of a district Councilman from the district from which elected shall thereby vacate his office. (c) Councilmen shall be elected in accordance with the manner and procedure provided for in Article VI. Section 3-103. Compensation and Expenses . The annual salary of Councilmen shall be established by ordinance of the Council. No increase or decrease in the salary of Councilmen shall become effective until the date of the commencement of the terms of councilmen elected at the next regular election following such increase or decrease. The Council shall by ordinance establish a policy for prior approval and subsequent reimbursement of the actual and necessary expenses incurred by its members in the performance of their official duties. Section 3-104. Prohibition on Holding Other Office . A Councilman shall not hold any other elective public office; nor shall a Councilman hold any appointive position of employment with the Unified Government. Section 3-105. Organization; Officers; Clerk; Rules; Quorum; Meetings . (a) The Council shall meet for organization at 12:00 noon on the first business day next following January 1, 1980, at which time it shall elect by majority vote a president and a president pro tempore from among

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the members of the Council elected at large by the qualified electors of the Unified Government. It shall also elect a clerk of Council who shall not be selected from its own membership. The president and president pro tem of the Council shall serve for a four-year term, but either may be removed before the expiration of said term by a vote of two-thirds of the Council. (b) The mayor and members of the Council, before entering upon their duties as hereinabove provided, shall take and subscribe before a judge of the superior court the following oath of office: I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilman as the case may be) of Macon-Bibb County, 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. So help me God. (c) The Council shall adopt rules providing for its own organization and procedures and shall provide for keeping a journal of its proceedings which shall be a public record. Eight (8) members of the Council shall constitute a quorum for the transaction of business; provided, however, a smaller number may adjourn from time to time. (d) The rules of the Council shall provide for regular meetings which shall be held at least once in every week and shall fix the date and place of all regular meetings; provided, however, the Council shall be authorized by majority vote to dispense with the holding of any regular meeting. Special meetings of the Council may be called by the president of Council or by any five (5) members of the Council upon no less than twenty-four (24) hours written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of the special meeting may be waived in writing either before or after the meeting. Special meetings may be held at any time without notice, upon attendance at such meeting by all members of the Council, or by waiver of notice of those not in attendance.

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(e) All meetings of the Council shall be public and any citizen may have access to the minutes and records thereof at reasonable times. Section 3-106. President and President Pro Tem of the Council; Duties; Compensation . (a) 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. In the event that a vacancy shall occur in the office of Mayor of the Unified Government, 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 a special election called to fill the Councilman vacancy created by the succession, said election to be conducted in the manner provided in section 6-103 of this charter. (b) The president pro tempore of the Council 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. In the event the president of the Council succeeds to the office of Mayor, the president pro tempore shall have the same powers as hereinbefore provided for the president. (c) In the event of the absence or disability of the president and president pro tempore, the Council shall designate one of its members to preside during such absence. (d) The president and president pro tempore of the Council may receive a compensation in addition to that provided for Councilmen, to be determined within the discretion of the Council. (e) All appointments of Councilmen to the committees of the Council shall be made by a majority vote of a committee or committees consisting of the president of the Council, the president pro tempore of the Council and a third member of the Council to be selected by the Council. Section 3-107. Powers of Council . (a) All legislative powers of the government of Macon-Bibb County, Georgia,

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herein referred to as the Unified Government, including any such powers which may hereafter be conferred by law upon said government, shall be vested exclusively in and exercised by the Council, in accordance with the provisions of this charter. (b) In the exercise of its powers, the Council shall adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security and general welfare of the inhabitants of the Unified Government and may enforce such ordinances, resolutions, rules and regulations by imposing penalties for violations thereof, as prescribed by ordinance. (c) The Council may by ordinance create, change, alter, combine, abolish, consolidate, and redefine the manner of appointment, membership, powers and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the Unified Government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions and positions of public employment existing under this charter. Except as otherwise provided by law, the Council shall be empowered to modify, change or repeal any or all of the provisions of any local or special Act of the General Assembly providing for any such board, commission, authority, bureau, department, division, office, agency or position of public employment. The Council may by ordinance transfer all the assets, liabilities and obligations thereof to a department or a division or other unit of a department of the Unified Government, which shall have the power and its duty shall be to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department or position of public employment under any local or special Act of the General Assembly relating thereto.

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(d) The Council shall have the power to conduct or cause to be conducted inquiries and investigations of the operation of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the Unified Government. In conducting inquiries and investigations, the Council shall have the right to administer oaths, subpoena witnesses, documents, records or other evidence, take testimony, and require the production of evidence. The conduct of proceedings at Council inquiries and investigations shall be subject to such rules and regulations as the Council may prescribe by ordinance. (e) The Council shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the Unified Government. (f) The Council shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia. (g) Except as otherwise provided by this charter, the Council and its members shall deal with the executive branch of the consolidated government, including all appointive officers, directors of departments and employees thereof only through the Mayor and any such action by the Council may take the form of an ordinance or resolution. Chapter 2. Legislative Procedure Section 3-201. Legislation . Except as otherwise provided, every official act of the Council having the force and effect of law shall be by ordinance. All other acts of the Council shall be by resolution or shall take such other form as prescribed by its rules. Section 3-202. Introduction; Consideration and Passage of Ordinances . (a) Every proposed ordinance and every amendment shall contain not more than one subject, which shall be clearly expressed in its title. (b) Every proposed ordinance and every amendment shall be introduced in writing.

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(c) Prior to the introduction of any ordinance, copies of it shall be prepared by the clerk of Council and distributed to each member of the Council, to the Mayor, and to the attorney of the Unified Government. Within two (2) days after a proposed ordinance has been introduced, the clerk of Council shall publish in a newspaper of general circulation in Macon-Bibb County, Georgia, a brief description thereof and notice of the availability for public inspection in the office of the clerk. (d) Every proposed ordinance shall be read in its entirety upon first introduction and by title at the next regular meeting not less than seven (7) days following the meeting of its introduction, unless such readings are dispensed with by unanimous consent of the Council members present. (e) The adoption of any ordinance shall be by the affirmative vote of not less than eight (8) of the Council members. (f) The passage of all ordinances shall be contingent upon the recording of ayes and nays, and the names of the Councilmen voting for and against each proposed ordinance or amendment shall be entered upon the journal of the proceedings of the Council. Section 3-203. Submission of Ordinances to the Mayor; Mayor's Veto Power . Every ordinance and resolution of the Council and every action requiring the Mayor's approval shall, before it takes effect, be presented and certified by the clerk, to the Mayor within two (2) days after the passage thereof (Sundays excepted). The Mayor, within five (5) days of receipt thereof (Sundays excepted) shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance, resolution or action has been approved, it shall become law upon the date of the Mayor's approval unless otherwise specified therein; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth day (Sundays excepted) 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 Council shall at the first regular meeting thereafter, when a quorum is

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present, order the objections to be entered at large on the minutes, and may at said meeting take a vote on the question: Shall the ordinance or resolution or action pass notwithstanding the objections of the Mayor? If as many as ten (10) members of the Council shall vote in the affirmative, such ordinance or resolution or action shall stand and become effective; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. The clerk shall endorse on each ordinance or resolution or action the date of its delivery to and receipt from the Mayor, and these endorsements shall be conclusive proof of such deliveries and receipts and the dates thereof. Section 3-204. Authentication; Recording; Effective Date . All ordinances which have become law shall immediately be deposited in the official archives of the clerk of Council. The clerk shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The clerk shall authenticate by his signature each ordinance which has become law. Except as otherwise provided in this charter, the clerk shall cause each ordinance which has become law to be recorded in full in a properly indexed official journal maintained for such purpose. Section 3-205. Codes of Technical Regulation . 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) the requirements of section 3-202 for distribution of copies of the ordinance shall be construed to include copies of the code of technical regulations, as well as the adopting ordinance; and (b) 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 3-204. Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 3-206. Codification and Printing of Ordinances .

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(a) The Council shall, within two (2) years of the effective date of this charter, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the Council by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the Code of Macon-Bibb County, Georgia. As determined by the Council, copies of the code shall be furnished to officers, departments and agencies; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price. (b) Copies of 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 Macon-Bibb County, Georgia Code and from time to time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect, and shall be suitable in form for integration therein. Section 3-207. Prima Facie Evidence . A record or entry made by the clerk of Council or a copy of such record or entry, duly certified by such clerk, shall be prima facie evidence of the terms of every ordinance and its due publication. ARTICLE IV EXECUTIVE BRANCH Chapter 1. In General Section 4-101. Powers . All executive and administrative powers of the Unified Government shall be vested in and exercised by the executive branch, which shall consist of the officers, departments, and agencies herein created and established or continued and as may hereafter be provided by ordinance of the Council or by law.

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Section 4-102. General Provisions Concerning Departments . The operations and responsibilities of each department now or hereafter established in the Unified Government shall be distributed among such divisions or bureaus and shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. There shall be a director of each department who shall be the principal officer thereof, and subject to the supervision and direction of the Mayor, shall be responsible for the general management and control thereof. Except as otherwise provided by this charter, the directors of departments and other appointed officers of the Unified Government shall serve at the pleasure of the appointing authority, and shall be appointed on the basis of their respective executive, administrative and professional qualifications. All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the Council. Section 4-103. General Provisions Concerning Boards and Commissions . Except as otherwise provided by law, any vacancy in office of any member of a board, commission or authority of the Unified Government shall be filled for the unexpired term in the manner prescribed for original appointment, and no member of any board, commission or authority shall assume office until he shall have executed and filed with the clerk of the Council an oath obligting himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance and administered by the Mayor, or by the chairman of the board, commission or authority. Except as otherwise provided by law, after reasonable notice and an opportunity for a hearing before the Council, any nonelected member of a board, commission or authority may be removed from office for cause by a vote of ten members of the Council. The Council may by ordinance establish a policy for reimbursement of the actual and necessary expenses incurred by such members in the performance of their official duties. Each board, commission or authority of the Unified Government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the Council, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with

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the clerk of the Council. All meetings of boards, commissions and authorities shall be public, with notice thereof presented to the public media and any citizen shall have access to the minutes and records thereof at reasonable times. Chapter 2. The Mayor Section 4-201. Election; Term of Office; Succession . (a) The Mayor of the Unified Government (herein referred to as the Mayor) shall be elected as provided in Article VI for a four-year term of office and shall serve until his successor is elected and qualified. (b) Upon serving two (2) consecutive four-year terms of office, the Mayor shall not be eligible to be elected for the succeeding term. Section 4-202. Qualifications of Office; Removal . (a) The Mayor shall be a citizen of the United States, a qualified elector of the Unified Government, at least twenty-five (25) years of age when elected to office, and shall have been a resident of the Unified Government continuously for at least two (2) years immediately prior to the date of his election. The Mayor shall hold no other elective public office; nor shall he hold any appointive position of employment with the Unified Government during his term of office. (b) In the event the Mayor ceases to be a resident and qualified elector during his term of office, he shall forthwith forfeit the office, and the Council shall immediately declare the office of Mayor vacant. In the event the office of Mayor becomes vacant due to the death or disability of the Mayor, the Council shall likewise declare the office vacant. During such time as the office of Mayor is declared vacant, the president of the Council shall serve as Mayor as provided in section 3-106 hereof. Section 4-203. Compensation and Expenses . The annual salary of the Mayor shall be established by ordinance of the Council. No increase or decrease in the salary of the Mayor shall become effective until the date of the commencement

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of the term of the Mayor elected at the next regular election following such increase or decrease. The Council shall by ordinance provide for reimbursing the Mayor for his actual and necessary expenses incurred in the performance of his official duties. Section 4-204. Chief Executive; Powers and Duties . The Mayor shall be the chief executive of the Unified Government and he shall have the power and it shall be his duty: (a) Executive and administrative powers (1) To see that the ordinances, resolutions, and regulations of the Council and laws of this State, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed and enforced; (2) To exercise supervision over the executive and administrative affairs of the city government and to provide for the coordination of executive and administrative activities. (3) To appoint the chief administrative officer and all other department heads with the advice and consent of a majority of the council and to remove them for cause, which shall include but not be limited to the following: (A) Incompetence, misfeasance, or malfeasance in office; (B) Conviction of a crime involving moral turpitude, or a crime punishable as a felony; (C) Failure at any time to possess any of the qualifications of office as provided by this charter or by ordinance; (D) Violation of the Code of Ethics and Prohibited Practices provided in Appendix 2 hereof which is hereby made a part of this charter; (E) Abandonment of office or neglect to perform the duties thereof; or

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(F) Failure for any other cause to perfrom the duties of office as required by this charter or by law; Provided, however, that by an affirmative vote of ten (10) of its total membership, the Council may prevent the removal of department heads and the administrative officer by determining that cause for removal does not exist; (4) To sign deeds, bonds, contracts, and other instruments and documents in any case in which the execution of legal instruments of writing or of other necessity, arising where the general laws of the State, or provisions of this charter, or ordinance or resolution of the Council so require; (5) To submit to the Council annually a draft of the recommended general appropriations ordinance, the operating budget, the budget message, and the budget report, in the manner provided in this charter, and to submit annually to the Council a capital improvement program; (6) To conduct studies and investigations and to make recommendations to the Council for legislation concerning all matters relating to the Unified Government and the welfare of its citizens; (7) To represent the Unified Government in its intergovernmental relations, particularly where questions of public policy are at issue; (8) To appoint for his information and assistance, advisory boards, commissions, and committees which shall be answerable only to him, but whose actions shall be advisory in nature; (9) To perform such other duties as may be required by law, this charter, ordinance or resolution. (b) Powers with respect to Council (1) To attend Council meetings at the invitation of or with the express approval of Council and to present

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messages or information which in his opinion are necessary or expedient. (2) To approve and disapprove ordinances and resolutions of the Council as provided in section 3-203 of this charter. Section 4-205. Emergency Powers of Mayor . (a) Mayor authorized to exercise emergency powers under certain conditions. The following emergency powers are hereby granted to the Mayor of the Unified Government with the proviso that said powers shall be exercised only in the event of emergency, as herein contemplated, and shall be exercised only for such periods of time as the actual emergency exists and further that said powers shall only be invoked after a declaration and proclamation by the Mayor that such an emergency does, in fact, exist. (b) Emergency powers enumerated. In addition to any and all powers enumerated in this charter, the Mayor, as chief executive of the city, shall have the following emergency powers: (1) The Mayor shall have the right to declare an emergency to exist when, in his considered opinion, one or more of the following conditions exists: (A) There is extreme probability of danger of destruction of life or property due to unusual conditions. (B) There are unusual or extreme weather conditions, making use of streets or areas difficult or impossible. (C) Civil unrest, commotion, riot or uprising is imminent or exists. (D) There is a stoppage or loss of electrical power affecting a major portion of the Unified Government. (2) After declaration of such emergency, the Mayor shall have the right to exercise any or all of the following powers: (A) The power to use employees of the Unified Government

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to assist in the preservation of life, limb and property of the citizens of the areas and the safety thereof. (B) The power to close streets and sidewalks and to delineate areas within the Unified Government wherein an emergency exists. (C) The power to impose emergency curfew regulations. (D) The power to close business establishments within the affected area. (E) The power to close, to use of the general public, any and all publicly owned buildings and other facilities. (F) The power to do any and all acts necessary and incidental to the preservation of life, limb and property of the citizens of the Unified Government. (3) No emergency power, as set forth herein, may be effective for more than seventy-two (72) hours after the declaration of an emergency by the Mayor; however, upon declaration that a second or further emergencies exist, the emergency powers as set forth herein may be exercised by the Mayor during such further emergency period or periods but never for more than seventy-two (72) hours in one declared emergency period. (4) No emergency period shall extend beyond the next regular, special or called meeting of the Council. (5) The declaration of an emergency, as to a portion of the Unified Government, shall specify with exactness the area in which the emergency is declared to exist. (c) Penalty for violation of section. Each violation of any provision of this section shall constitute an offense under the terms hereof and every person convicted of a violation of any provision of this section shall be punished in the Recorder's Court as provided in the charter of the Unified Government for punishment for violations of the ordinances of said government.

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Chapter 3. Chief Administrative Officer Section 4-301. Appointment . A Chief Administrative Officer shall be appointed and shall be subject to removal as provided in section 4-204 (1) (a) (3) of this charter. Section 4-302. Qualifications . The Chief Administrative Officer, herein referred to as the CAO, shall have a minimum of a bachelor's degree and four (4) years' experience in government or public administration or business administration, except that a master's degree in public administration or a master's degree in business administration may substitute for two (2) years' experience in such fields. The CAO need not be a resident of the Unified Government or the State at the time of his appointment, but residence in the Unified Government must be established within three (3) months thereafter and thereafter maintained during his term of office. Section 4-303. Compensation . The annual salary of the Chief Administrative Officer shall be established by ordinance. Section 4-304. Duties . The Chief Administrative Officer shall: (a) Serve as director of the Department of Administration; (b) Advise and assist the Mayor in the performance of his duties; (c) Coordinate the efforts of the departments of the Unified Government; (d) Serve as a liaison between the Mayor and the departments of the Unified Government; (e) Carry out the written directives of the Mayor; provided, however, that the Mayor shall not be authorized to delegate to the Chief Administrative Officer any of the powers or duties conferred upon said Mayor by this charter;

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(f) Make periodic reports with such recommendations as he deems appropriate to the Mayor concerning the affairs of the Unified Government; and (g) Perform such other duties as required by the Mayor. Chapter 4. Attorney Section 4-401. Appointment; Qualifications; Compensation . The Attorney shall be appointed and removed by the Mayor with the advice and consent of the Council. He shall be an active member of the State Bar of Georgia in good standing, and shall have had at least five (5) years' experience in the active practice of law. The compensation of the Attorney shall be fixed by ordinance. Section 4-402. Duties . The attorney shall be legal advisor to and attorney and counsel to the Unified Government and all its officers in matters relating to their official duites, and he shall perform such other duties as required by the Mayor or by ordinance of the Council. Chapter 5. Departments Section 4-501. Initial Departments . The Unified Government of Macon-Bibb County, Georgia, shall be comprised of such departments as established by ordinance of Council. Chapter 6. Boards Section 4-601. Disciplinary Appeals Board . (a) There is hereby created a Disciplinary Appeals Board which shall consist of three (3) to nine (9) members appointed by the Mayor, with approval of the Council. (b) The Disciplinary Appeals Board shall hear appeals from employees under procedures established by ordinance of the Council pertaining to classification, reclassification and allocation of positions within the classified service; hear appeals from disciplinary actions and termination of employment; investigate conditions of employment in the service

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of the Unified Government and report thereon at least annually to the Council. Chapter 7. County Officers Section 4-701. County Officers; Duties and Compensation . (a) The office of Sheriff of Bibb County, as provided by law, shall be the duly constituted office of sheriff of the Unified Government. The sheriff shall serve for the same term and his compensation shall be fixed as provided by law. Subsequent elections for sheriff shall be upon the same basis as provided by law for sheriffs generally. The sheriff shall perform the same duties and exercise the same powers as are conferred upon sheriffs generally by the Constitution and laws of Georgia. Nothing in this charter shall be construed so as to affect the eligibility of the sheriff or his deputies for membership in the Peace Officers' Annuity and Benefit Fund. (b) Except as otherwise provided herein, the duties of the sheriff, the tax commissioner, the clerk of superior court, the treasurer, and the coroner shall remain as such duties are presently imposed by law for such respective officers as county officers; provided, however, such duties may be expanded and enlarged by the governing authority to include like duties and responsibilities in connection with the affairs of the merged governments. The compensation paid to any such officer shall be fixed as heretofore provided by law and may not be reduced during his term of office below the amount of such compensation as fixed at the commencement of such term, nor shall his compensation during his term of office in effect upon the effective date of this charter be reduced below the salary then being paid such officer. Such compensation as so fixed shall be the sole remuneration to such officers for their services and any and all other compensation for such services to Macon-Bibb County, the State of Georgia or any agency thereof including salaries, fees, commissions, fines or forfeitures received from any source whatsoever shall be the property of Macon-Bibb County, Georgia, and paid into its treasury. (c) The Judge of the Probate Court of Bibb County in

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office upon the effective date of this charter shall serve for the same term and his compensation shall be fixed as heretofore provided by law. Subsequent elections for probate judge shall be upon the same basis as provided by law for election of probate judges generally. The probate judge shall perform the same duties and exercise the same powers as conferred upon probate judges generally by the Constitution and laws of Georgia. Chapter 8. Personnel . Section 4-801. Existing Pension Rights Protected . (a) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission or agency of the former City of Macon shall retain all rights which have accrued to them under: (1) the Firemen and Police Pension Fund, established pursuant to an Act of the General Assembly of Georgia, approved March 9, 1939 (Ga. L. 1939, p. 1149), as amended; (2) the Macon Pension and Retirement Plan, established pursuant to an Act of the General Assembly, approved February 13, 1951 (Ga. L. 1951, p. 2384), as amended; (3) the Board of Water Commissioners Pension Plan, established pursuant to an Act of the General Assembly approved December 30, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2831), as amended; and (4) the Employees Social Security Coverage Group, established pursuant to an Act of the General Assembly approved March 6, 1956 (Ga. L. 1956, p. 3146), as amended. (b) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission or agency of the former County of Bibb shall retain all rights which have accrued to them under: (1) the Bibb County Pension Plan, established pursuant to an act of the General Assembly, approved December 22, 1953 (Ga. L. 1953, p. 2907), as amended; and

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(2) any pension, disability or retirement plans established pursuant to an amendment to the Constitution of Georgia (Ga. L. 1966, p. 881), ratified November 8, 1966. Pending the establishement of a new pension system as hereinafter provided in section 4-802, the Unified Government shall continue in full force and effect the said funds, plans and groups for city and county employees covered thereby who are employed by the Unified Government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. Section 4-802. Establishment of New Pension Systems; Merging of Existing Systems . The Council is hereby authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine and consolidate any pension system in effect at the time of adoption of this charter, and further, is specifically authorized, whenever Social Security provisions are legally available to employees or any group of employees of the Unified Government, to provide for the integration of such Social Security provisions with any existent or new pension system; provided, however, that in no event shall any revision, combination or consolidation of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Macon, Bibb County, or of any agency of such former governments. Section 4-803. Classified Service . (a) All positions in the service of the Unified Government shall be in the classified service except the following: (1) Officers elected by the people and persons appointed to fill vacancies in elective offices; (2) The Chief Administrative Officer and heads of departments; (3) Members of boards, commissions and authorities;

Page 3842

(4) Temporary employees; (5) Persons employed for a regular work week of under thirty (30) hours; and (6) Such other positions as may be excepted by ordinance of the Council. (b) All officers and employees in the classified service shall be governed by and subject to the Code of Ethics and Prohibited Practices set forth in Appendix 2 hereof, which Appendix is hereby made a part of this charter. Section 4-804. Personnel Rules and Regulations . Personnel rules and regulations for classified employees will be as established by ordinance of Council. Section 4-805. Job Classification and Pay Plan . (a) The Department of Administration shall prepare and recommend to the Mayor a plan of classification and grading for all positions in the classified service according to similarity of authority, duties and responsibilities. When approved by the Mayor such classification plan shall be submitted to the Council for adoption with such changes as the Mayor deems desirable. The Council may adopt the plan by ordinance with or without amendment. Such plan shall take effect when adopted by the Counci. Changes in the classification plan may be recommended from time to time in the same manner as herein provided for original adoption of the plan. (b) The Department of Administration shall prepare and submit to the Mayor a pay plan consisting of a salary range for each class of positions in the classification plan following its adoption. Such pay plan may provide for regular increments of salary increases within such range to be earned by length of service and satisfactory service ratings. Each such range shall be determined with due regard to the salary ranges for other classes and to the relative difficulty and responsibility of characteristic duties of positions in the class, the minimum qualification required, the prevailing rate paid for similar employment outside the service of

Page 3843

the Unified Government, and any other factors that may properly be considered to have a bearing upon the fairness or adequacy of the range. The Mayor shall submit the pay plan to the Council for adoption with such changes as he deems desirable and such pay plan shall take effect when adopted by the Council. The pay plan adopted by the Council shall include a minimum and maximum and such intermediate rates as may be deemed desirabe for each cass of positions. Amendments to the pay schedule may be recommended from time to time in the same manner as herein provided for original adoption of the plan. ARTICLE V JUDICIAL BRANCH Chapter 1. Superior Court Section 5-101. Unaffected by Charter . The Superior Court of Bibb County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. Chapter 2. Probate Court Section 5-201. Unaffected by Charter . The Probate Court of Bibb County shall continue its operation without interruption resulting from the adoption of this charter and nothing herein shall be construed as affecting the status of said court. Chapter 3. State Court Section 5-301. Unaffected by Charter . The City Court of Macon, created by an Act of the General Assembly of Georgia, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, and continued as the State Court of Bibb County by an Act of the General Assembly of Georgia, approved March 7, 1966 (Ga. L. 1966, p. 3302), as amended, shall continue its operation without interruption resulting from the adoption of this charter. Said Acts and all Acts

Page 3844

amendatory thereof are hereby continued in unimpaired force and effect, subject to the provisions of sections 2-101 hereof. Chapter 4. Civil Court Section 5-401. Unaffected by Charter . The Municipal Court of the City of Macon, created by an Act of the General Assembly of Georgia, approved August 16, 1913 (Ga. L. 1913, p. 252), as amended, and continued as the Civil Court of Bibb County by an Act of the General Assembly of Georgia, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, shall continue its operations without interruption resulting from the adoption of this charter. Said Acts and all Acts amendatory thereof are hereby continued in unimpaired force and effect, subject to the provisions of section 2-101 hereof. Chapter 5. Juvenile Court Section 5-501. Unaffected by Charter . The Juvenile Court of Bibb County shall continue its operations without interruption resulting from the adoption of this charter. The provisions of an Act of the General Assembly of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 709), as amended, or as may hereafter be amended, or any future Act of the General Assembly of Georgia relating to the procedures, powers and jurisdiction of juvenile courts shall apply to said court to the extent not in conflict with this charter and subject to the provisions of section 2-101 hereof. Chapter 6. Recorder's Court Section 5-601. Redesignation . On the effective date of this charter, the Recorder's Court of the City of Macon established pursuant to an Act of the General Assembly of Georgia, approved September 29, 1881 (Ga. L. 1880-81, p. 388), as amended, and continued as the Municipal Court of Macon by an Act of the General Assembly of Georgia, approved March 24, 1970 (Ga. L. 1970, p. 3452), as amended, shall be redesignated as the Recorder's Court of Macon-Bibb County, Georgia. Said court, as herein renamed, shall

Page 3845

continue its operation without interruption resulting from the adoption of this charter. Section 5-602. Jurisdiction . (a) The Recorder's Court shall have exclusive jurisdiction to try offenses against the ordinances of the Unified Government and to punish for violations of the same. In addition thereto, the recorder's court is hereby granted jurisdiction to accept pleas of guilty or nolo contendere and to impose punishment and penalties provided by laws of the State of Georgia, but not greater than penalties and punishment the Recorder's Court may now or hereafter be authorized to impose for violations of ordinances, in cases involving defendants charged with violating any and all criminal laws of the State of Georgia relating to traffic upon the public roads, streets and highways of this State; violations of the laws of the State of Georgia contained in the Uniform Act Regulating Traffic on Highways (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended; violations of ordinances adopted pursuant to the Uniform Rules of the Road (Ga. L. 1974, p. 633); violations of laws of the State of Georgia requiring the registration and licensing of motor vehicles (Chapter 68-2 of the Code of Georgia of 1933), as now or hereafter amended; violations of laws of the State of Georgia relating to inspection of motor vehicles (Ga. L. 1963, p. 333), as now or hereafter amended; violations of laws of the State of Georgia relating to motor vehicle drivers' licenses (Ga. L. 1937, p. 322), as now or hereafter amended, and all other State laws relating to motor vehicle drivers' licenses; where the penalty for these offenses does not exceed that of the grade of misdemeanors, where a preliminary hearing is waived writing by the accused and a plea of guilty or nolo contendere is entered by the accused in writing. Such court shall have the power to subpoena witnesses, to punish witnesses and defendants for nonattendance, and to punish any person who may counsel or advise, aid, encourage or persuade another, whose testimony is desired or material in any proceeding before the recorder, to go or move beyond the reach of the process of the court. The Recorder's Court is specifically vested with all jurisdiction and powers granted by State laws

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generally to mayors', recorders' and police courts, and particularly such laws as authorized the abatement of nuisances. (b) The recorder shall have power to impose fines for the violation of any law or ordinance of the Unified Government in an amount not to exceed three hundred dollars ($300.00), to imprison offenders for a period of not more than sixty (60) days, or to commit offenders to labor on the roads and streets or other public works of said Government 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 have the authority to inflict a punishment for contempt of up to one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days, or any combination of the two. Said recorder shall be authorized to permit payment of any fines in installments, if the interest of justice so requires. (c) The recorders shall have the power and authority of Justices of the Peace to issue warrants for arrest. No warrant of arrest shall be issued unless the complaining party has made a written affidavit of fact before a recorder. If it appears from the written affidavit that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it. The recorders shall have the power to issue search warrants in the manner provided by the general laws of the State of Georgia pertaining to such warrants. (d) Whenever, upon the trial of any case in the Recorder's Court of Macon-Bibb County, it is determined by the recorder that any pistol, shotgun, rifle or other firearm has been used by the owner thereof, or with the owner's consent, illegally and that said firearm is not needed as evidence in any other ocurt, said recorder is authorized and empowered, in his discretion, either to order said firearm impounded or to adjudge said firearm to be a nuisance and to condemn the same as such, as being opposed to the peace, good order and safety of the Unified Government and its

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citizens. All firearms which are condemned or ordered impounded by the recorder shall be held in safekeeping by the chief clerk of said court. The Council shall provide by ordinance for the disposal or destruction of any firearm so kept for six months. Section 5-603. Recorders . (a) The presiding officer of the Recorder's Court shall be known as the recorder. No person shall be qualified or eligible to serve as recorder unless he shall have resided within the territory of the Unified Government at least two (2) years immediately preceding his appointment, and shall have been an attorney licensed in the State of Georgia for five (5) years. Each recorder shall remain a resident of Macon-Bibb County, Georgia, during his term of office. (b) One chief recorder and one associate recorder shall be appointed by the Mayor with the advice and consent of the Council to four-year terms. The first chief recorder and the first associate recorder shall be appointed during the time provided in section 9-104 for certain early assumption of duties. The Mayor, with the approval of the Council, shall fill any vacancy or unexpired term in such offices. The compensation of the recorders shall be fixed by the Council, but no change in said compensation shall be effective until the next term of office. (c) Before entering on the duties of his office, each recorder shall take an oath before some officer duly authorized to administer oaths, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the Council. (d) A recorder shall be removed from office by declaration of the Judge of the Superior Court of Macon-Bibb County after trial and conviction, before a jury in said court, of malfeasance in office: Provided, a recorder shall not be removed without first having written preferred charges served upon him, accompanied by an affidavit signed by the party preferring charges and indictment thereafter by the grand jury. Any recorder indicted by the

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grand jury shall be suspended from office following such indictment until such time as he has been tried and his case has been finally disposed of. (e) In the absence, sickness or disqualification of any recorders or vacancy in such office, not more than two (2) recorders pro tempore appointed by the Mayor, with the approval of Council, may preside over the Recorder's Court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted to the recorder under this charter and the laws of the State of Georgia. The Council is empowered to provide for the compensation of any such person appointed to preside over said court as herein provided. Each recorder pro tempore shall have the qualifications prescribed in subsection (a) hereof for recorders. Section 5-604. Right of Certiorari . The right of certiorari from the decision and judgment of the recorder shall exist in all cases, and such certiorari shall be obtained under the sanction of a Judge of the Superior Court of Bibb County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5-605. Recorder's Court Clerk and Other Officers; Duties . (a) The Council shall appoint a chief clerk and one or more clerks of the Recorder's Court, none of whom shall be a member of the police force or any other department of the Unified Government. The chief clerk shall be responsible for the administration of the court and for enforcement of the rules of the court. Other court personnel shall be answerable and responsible to the chief clerk for the performance of all duties, for the proper accounting of all funds paid into said office and for all the fiscal affairs and monetary accounting procedures of said office. Said chief clerk and other clerks of the Recorder's Court shall each give a commercial surety company bond in the sum of twenty-five thousand dollars ($25,000.00), in a company authorized to do business in the State of Georgia, for the faithful performance of the duties of their office. The premiums on such bonds shall be paid by the Unified Government.

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(b) A clerk shall attend all sessions of the Recorder's Court. The chief clerk and other clerks shall correctly keep the dockets and all other records of said court and shall have the exclusive custody thereof. A clerk appointed by authority of this law shall devote all his time to the discharge of the duties of said office and shall be authorized and empowered to issue and sign the processes, summonses, subpoenas, and all other writs, except criminal warrants issuing out of said court and all attachments and executions for fines imposed in said court, all of which shall bear teste in the name of the recorder. (c) Said clerks shall receive all fines imposed by said court, and all cash bonds and other monies and collateral deposited in said court, and shall be responsible for all cash bonds and collateral forfeited to said court, and all payments made in bond forfeiture cases, and shall account for the same to the chief clerk. (d) There shall also be such deputy or assistant clerks of the Recorder's Court as the Council may provide who shall not be members of the police department or any other department. Said deputy or assistant clerks shall be clothed with all of the powers and charged with all the duties and responsibilities of a clerk of said court. (e) The council is empowered and authorized to provide for the compensation to be paid to said chief clerk, clerks and deputy or assistant clerk or clerks for the performance of the duties herein described. (f) The ministerial officers of said court shall be the sheriff, the sheriff's deputies, and officers and members of the police force of the Unified Government, any of whom may execute the mandates of said court, and to whom, in the alternative, all mesne and final process thereof shall be directed. Said sheriff, one of his deputies, or an officer of said police force designated by him, shall attend each session of said court for the purposes of executing the necessary orders thereof. (g) The Department of Finance shall supervise all of

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the fiscal and monetary accounting procedures of the clerk's office of the Recorder's Court and shall be charged with the duty of establishing adequate and necessary accounting procedures for said office. (h) The Council is hereby authorized, in its discretion, by ordinance to create the positions of prosecutor of the Recorder's Court and public defender of the Recorder's Court for such terms of office, manner of appointment and compensation as prescribed in said ordinance. The prosecutor shall have the powers and duties conferred by law upon Municipal or Recorder's Court prosecutors and such additional powers and duties, not inconsistent therewith, as shall be assigned to such office by ordinance. The prosecutor and public defender shall be attorneys licensed in the State of Georgia and residents of Macon-Bibb County, Georgia. Section 5-606. Costs; Bonds . (a) The Council shall provide by ordinance the amount of the cost for all offenses and commitment proceedings, and such costs shall be collected and assessed by such court. (b) The chief recorder shall make rules of the court on the setting of cash bonds and those cases in which cash bonds shall not be allowed; provided, however, that no cash bond shall exceed in amount the maximum fine and costs permitted to be levied by the Recorder's Court. Section 5-607. Court Administration . (a) The chief recorder shall have full power and authority to make rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court under the supervision of the chief clerk; provided, however, the rules of evidence applicable to the Superior Courts of this State shall apply in the Recorder's Court of the Unified Government. (b) The Council may provide by ordinance for the destruction of Recorder's Court records no earlier than two years following the final disposition of a case.

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(c) The Council shall provide by ordinance for a court reporter: (1) during commitment cases for State offenses, (2) when requested by a defendant, and (3) at such other time as shall be required by ordinance. ARTICLE VI ELECTIONS Chapter 1. Conduct of Elections Section 6-101. Applicability of General Laws . Primary, regular and special elections shall be conducted in accordance with the provisions of Title 34 of the Georgia Code of 1933, as nwo or hereafter amended, and particularly by an Act entitled The Georgia Election Code, approved June 24, 1964 (Ga. L. Ex. Sess., 1964, p. 26), as amended. Section 6-102. Regular Elections; Time for Holding; Voting . (a) The regular election of the Unified Government for the Mayor and Councilmen shall be held on the Tuesday next following the first Monday in November in odd-numbered years, commencing with the regular election to be held in November, 1979, and at such time every four years thereafter, unless otherwise provided by general law. (b) The entire electorate of the Unified Government shall be entitled to vote in elections for Mayor and Councilmen-at-large. The entire electorate of each of the six council districts shall be entitled to vote in the election for the district councilmen from such district. Section 6-103. Special Elections . In the event the office of any Councilman shall become vacant for any cause whatsoever, the Board of Elections shall within ten (10) days after the occurrence of such vacancy call a special election to fill the balance of the unexpired terms of such office by giving notice in one or more newspapers of general circulation in the Unified Government. The special election required herein shall be held on the date specified in the advertisement, but not less than thirty (30) nor more than forty-five (45) days after the publication of the call of the

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election; provided, however, that if a regular election for Councilmen is to be held within twelve (12) months after such vacancy occurs, the vacancy shall not be filled so long as at least nine Councilmen remain in office. In all other respects, every special election shall be held and conducted in accordance with those provisions of the applicable laws of Georgia, as provided in section 6-101 of this charter. Chapter 2. Representation: General Provisions Section 6-201. Council Districts . The territory of the Unified Government shall consist of six council districts, to be designated respectively as District No. 1, District No. 2, District No. 3, District No. 4, District No. 5 and District No. 6. The designation and boundaries of the initial council districts shall be as specifically described and set forth in Appendix 1 hereof. Section 6-202. Reapportionment of Council Districts . (a) Within six months after the publication of each Federal population census, beginning with the 1980 Federal population census, the Council shall correlate a plan for reapportionment of council district boundaries to comply with the following specifications: (1) Each district shall be formed of contiguous, and to the extent reasonably possible, compact territory, and its boundary lines shall be the center lines of streets or other well defined boundaries. (2) Each district shall strive to achieve zero population tolerance. The plan shall include a map and description of the districts and shall be drafted as an ordinance and filed with the clerk. (b) The redistricting plan developed by the Council shall become effective when approved in the manner provided by Federal law. (c) Such redistricting ordinance shall not apply to any primary or regular or special election held within six months after its becoming effective. No incumbent Councilman or

Page 3853

member of a board or commission shall be deprived of his unexpired term of office because of such redistricting. Chapter 3. Discipline of Councilmen Section 6-301. Grounds for Discipline . Any Councilman shall be subject to censure, fine, imprisonment or expulsion 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, or a crime punishable as a felony; (c) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) Violation of the Code of Ethics and Prohibited Practices provided in Appendix Two hereof; (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 6-302. Procedure for Discipline . Discipline of an elected officer provided for in this Chapter may be accomplished by one of the following methods: (a) By affirmative vote of twelve (12) members of the Council. In the event an elected officer is sought to be disciplined by the action of the Council, such officer shall be first entitled to a written notice specifying the grounds for discipline and to a public hearing which shall be held not less than thirty (30) days after the service of such written notice. Any elected oficer 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 for a jury trial de novo. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court.

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(b) By an information filed in the Superior Court as authorized by section 64-206 of the Code of Georgia of 1933, as amended. Chapter 4. Removal of Mayor Section 6-401. Procedure for Removal of Mayor . The Mayor shall be subject to removal from office during his term of office in the following manner: (a) Whenever 30 percent of the voters eligible to participate in the last preceding general city election shall so request in a petition filed in the office of the city clerk or the official having charge of elections, a special election shall be called and held within 60 days from the date of filing of such petition on the subject only of the recall and nonrecall of the Mayor. It shall be the duty of such official having charge of elections to check the names on said list and report to the city governing body the number of registered voters thereon in order to determine if the required number have signed the said petition. This report shall be submitted to the governing body with the petition at the next meeting held more than five days after the filing of such petition. When so reported with the required certificate attached, the governing body shall order an election to be held not less than 30 nor more than 60 days from the time of filing of such petition with the clerk or other official having charge of elections. Such elections shall be held under the same rules and regulations as govern regular city elections. At this election, the ballot shall be as follows: For the recall of, Holding the office of Mayor, Against the recall of, Holding the office of Mayor, and the voter shall indicate thereon which proposition is favored. (b) A meeting of the Council shall be called and held

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within five days after the date of such election for the purpose of canvassing the votes and determining and declaring the result thereof. If two-thirds of those voting in the election vote in favor of the recall of the Mayor, his office shall be declared immediately vacant and the vacancy shall be filed in the same manner as if the vacancy had been caused by the resignation of such official, but if two-thirds of those voting in the election fail to vote in favor of recall, the Mayor shall retain his office and no other recall election shall be held so far as such official is concerned for a period of one year. ARTICLE VII GOVERNMENTAL FINANCES Chapter 1. Revenue and Appropriations Section 7-101. Levy and Collection of Taxes, Fees, and Other Charges . (a) The Council shall have full power and authority to levy and collect taxes, and to appropriate funds, for any and all purposes and upon any and all subjects of taxation for which, prior to the effective date of this charter, the City of Macon or Bibb County was authorized to levy and collect taxes, and to so appropriate funds for any and all purposes, under the Constitution and laws of the State of Georgia, under any present general or special law of the State of Georgia specifically applicable to the City of Macon or Bibb County, or any general or special law of Georgia applicable to municipal corporations or counties or both upon the effective date of this charter or under any general or special law specifically applicable to the Unified Government which may hereafter be enacted; provided, however, the authority granted herein shall not include the power to levy and collect any new forms of general public taxation authorized by special law unless approved by referendum for such purposes. (b) The Council shall have full power and authority to levy and collect license fees, exact franchise taxes, and other charges for which, prior to the effective date of this charter, the City of Macon or Bibb County was authorized to levy

Page 3856

and collect license fees, franchise taxes, and other charges under the Constitution and laws of the State of Georgia and specifically applicable to the City of Macon or Bibb County, or any general or special law of Georgia applicable to municipal corporations or counties or both upon the effective date of this charter or under any general or special law specifically applicable to the Unified Government which may hereafter be enacted. (c) The Council shall, in addition, have full power and authority to assess, charge, and collect rentals, interests, fees, penalties, fines and costs; to assess and collect fees, charges and tolls for provision of governmental and or proprietary functions and/or services under such rules and regulations as prescribed by ordinance; to collect income on investments and to accept funds, services or property from other political subdivisions and public agencies, either local, State or national, and from private persons, firms, or corporations. (d) The Council shall have full power and authority to levy such license and specific or occupation taxes on any person, firm, corporation, or business engaged in prosecuting, transacting or carrying on, or who may engage in, prosecute, transact or carry on any trade, business, calling, or profession within the Unified Government, as the Council may deem expedient or necessary for the safety, benefit, convenience, or advantage of said government; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons, firms, corporations or businesses to procure licenses; to compel the payment of such licenses and taxes by execution or in any other lawful manner; and to prescribe suitable penalties for the violation thereof. Section 7-102. Exemptions . (a) The homestead exemptions provided by the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all property subject to ad valorem taxes within the Unified Government except taxes levied to pay principal and interest on and retire bonded indebtedness of the Unified Government including all such indebtedness of the

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former governments of Bibb County and the City of Macon. (b) The exemptions authorized by this section shall include all those exemptions provided for in Article VII, section I, Paragraph IV of the Constitution of Georgia of 1945, as now or hereafter amended. Section 7-103. Millage . The Council shall be empowered and authorized to levy and collect an ad valorem tax upon all taxable property subject to taxation within the Unified Government for the purpose of paying ordinary current expenses as such term is defined in section 92-4102 of the Code of Georgia of 1933, as amended. Section 7-104. Tax and Service Districts . (a) The Unified Government shall, within the geographic limits thereof, comprise two or more taxing districts, (herein called services districts), wherein taxes shall be assessed, levied, and collected by the Unified Government in accordance with the kind, character, type, degree, and level of services provided by said government within said services districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. The powers, authority, duties, liabilities, and functions of the Unified Government may vary in any district from that in another or other districts, as provided by ordinance. (b) Upon the effective date of this charter, the Council shall proceed immediately to divide the territory of the Unified Government into two or more taxing districts (herein called services districts); provided, however, at least one of such districts shall be known as the General Services District and shall consist of the total area of Bibb County as fixed and established on the effective date of this charter or as thereafter modified according to law; and provided further, the Council shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the Council for additional, higher, or different levels of services than are provided uniformly throughout the territory of the consolidated government on the effective date of this charter. In the establishment of the first urban services district or districts, the Council shall hold one or more public hearings

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thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place and date of such hearings shall be published in one or more newspapers of general circulation in Bibb County at least twice during the week immediately preceding the date of the hearing. (c) The Unified Government is hereby empowered to exercise and provide within the General Services District and within any urban services district established by this charter or by ordinance of the Council those powers, functions and services which have theretofore been exercised and provided by Bibb County or the City of Macon, or both; all powers, functions and services authorized by this charter, and any amendments thereto; and all powers, functions and services which counties and municipal corporations, or both, are new or hereafter authorized to exercise under the Constitution and laws of the State of Georgia. (d) The Unified Government shall perform within the General Services District those governmental duties, functions and services which are generally available and accessible to all residents throughout the total area of said government. (e) The Unified Government shall perform within its urban services districts those different, additional, more comprehensive and intensive, or higher levels of governmental duties, functions and services which benefit primarily the residents of such urban services districts. (f) The General Services District as defined and authorized herein shall constitute a general services tax district wherein the Council shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions and services provided therein by the Unified Government. (g) The urban services district as defined and authorized herein, together with any enlargement or modification thereof pursuant to the provisions of this charter, and any additional urban services districts as established or modified

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by ordinance of the Council, shall constitute urban services tax districts wherein the Council may levy and collect different or additional taxes and shall appropriate money therefrom to perform and discharge those different or additional powers, functions and different or additional services provided therein by the Unified Government. (h) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the Unified Government; provided, however, the rate and manner of different or additional taxation in urban services districts may vary in any urban services tax district from that in another or other urban services tax districts in such a way as to reasonably reflect the kind, character, type, degree and level of services afforded to such urban services taxing district or districts. (i) Except as otherwise provided by this charter, urban services districts of the Unified Government shall be created, expanded, merged, consolidated or reduced only by ordinance duly adopted by the Council under such general rules, procedures, regulations, requirements and specifications as established by the Council; provided, however, no new urban service district shall be created or existing urban services districts expanded, abolished, merged, consolidated or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction or creation of an urban services district in one or more newspapers of general circulation in the Unified Government for a period of once each week for at least two successive weeks prior to the date of the hearing. Such rules and regulations shall set forth the manner and method for creation of new urban services districts, expansion, consolidation, reduction or merger of existing urban services districts, requirements for defining functions and policies for rendering services, changes in levels of services within existing services districts, transferring territory from one services district to another, requirements for defining boundaries of services districts, procedures, expansion, reduction or consolidation of existing services districts and requirements for defining boundaries of services districts.

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Section 7-105. Tax Reevaluation . In the event of a comprehensive evaluation of the taxable property in the Unified Government for ad valorem tax purposes as authorized or required by State or local law, the Council shall reduce the millage rate to the point that no increase results in the ad valorem taxes paid by the taxpayers of the Unified Government. Chapter 2. Borrowing and Indebtedness Section 7-201. Issuance of General Obligation Bonds . The Council shall be authorized to issue and sell general obligation bonds under the provisions of the general laws of the State for any public purpose benefiting the Unified Government; provided, however, that for the purpose of issuing and selling general obligation bonds, the Unified Government shall be deemed a county and the provisions of the Constitution and laws of Georgia governing the limitations, procedures and terms for issuance and sale of bonds by counties shall apply to the Unified Government, unless otherwise provided by this charter. Section 7-202. Debt Limitation for General Obligation Bonds; Loans . The total general obligation indebtedness of the Unified Government payable from ad valorem taxes (including all outstanding general obligation bonds of the former City of Macon and Bibb County on the effective date of this Charter) shall not exceed ten per centum (10%) of the assessed value of all taxable property within the territorial limits of the Unified Government. Section 7-203. Revenue Bonds . No revenue bonds shall be issued by the Unified Government in conjunction with the pledge of the general credit of said government until such issue has been approved by the registered voters of the Unified Government. Section 7-204. Use of Bond Proceeds . All revenue derived from the issuance and sale of bonds by the Unified Government shall be used exclusively for the categorical purposes for which said bonds were issued and all ad valorem taxes assessed and collected for the purpose of retiring or servicing

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said bonds shall be used exclusively for the payment of principal and interest thereof. Chapter 3. Property Tax Administration Section 7-301. Assessing and Collecting Property Taxes . (a) Except as otherwise provided by this charter, the Council shall by ordinance provide for the manner and procedures by which returns for ad valorem taxation of property in the Unified Government shall be effected, including but not limited to the place and manner of making returns, assessments for taxation, equalization of assessments, payment and collection of taxes, creation and priority of tax liens, issuance and levy of executions, sales to satisfy executions, recording of executions, affidavits of illegality and other defenses, and related matters. (b) The Council shall provide by ordinance when taxes levied and imposed by the Unified Government shall become due and payable and when the same shall become delinquent. The Council by ordinance may authorize the payment of taxes due the government in installments, at the option of the taxpayer, and when and how and upon what terms such installments shall be due and payable. The Council may also authorize the payment of taxes prior to the time when due. (c) The Council shall provide by ordinance for the manner and method of collecting delinquent taxes due the Unified Government. (d) Delinquent taxes shall carry a penalty of not less than 9 percent interest per annum or $1.00 per quarter, whichever is greater. Chapter 4. Budgetary and Apprioriation Control Section 7-401. Fiscal Year . The fiscal year of the Unified Government shall be as determined by ordinance adopted in the manner provided in Article III, Chapter 2 of this charter. The fiscal year shall constitute the budget year and the

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year for financial accounting, planning and reporting of each department, office, agency, or activity of the Unified Government. Section 7-402. Budget Preparation, Submission and Adoption . (a) The Mayor shall submit to the Council at least six weeks prior to the start of the fiscal year a recommended operating budget, Budget Message and a Budget Report, accompanied by a draft of the General Appropriations Ordinance, in such form and manner as may be prescribed by ordinance, which shall provide for the appropriation of the funds necessary to operate all the various departments, and to meet the current expenses of the Unified Government for the next fiscal year. (b) The Council shall schedule and hold one or more public meetings on the proposed budget, notice of which shall be published in 2 newspapers of general circulation in Macon-Bibb County, Georgia at least 7 days prior to the date set for such public hearings. (c) The Council shall annually appropriate the funds necessary to operate all the various departments, and to meet the current expenses of the Unified Government for the next fiscal year. (d) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable, except as approved by Council. (e) The Council shall by ordinance adopted in the manner provided in Article III of this charter, provide for the regulation and management of the financial affairs of the Unified Government. Section 7-403. General Appropriations Ordinance . (a) Each General Appropriations Ordinance, now of force or hereafter adopted with such amendments as are adopted

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from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for any mandatory appropriations required by law and those required to meet contractual obligations or the continued authorization of State or federal grants. (b) The Council shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the government treasury at the beginning of the fiscal year, together with an amount not greater than the total receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner herein below provided, but in no event shall a Supplementary Appropriations Ordinance continue in force and effect beyond the expiration of the General Appropriations Ordinance in effect when such Supplementary Appropriations Ordinance was adopted and approved. (c) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations or the continued authorization of State or federal grants, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Ordinance shall lapse. (d) All State or federal funds received by the Unified Government are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the State or federal government in making the grant. Section 7-404. Other or Supplementary Appropriations . In addition to the appropriations made by the General Appropriations Ordinance and amendments thereto, the Council may make additional appropriations in the same manner as herein provided, which shall be known as Supplementary Appropriation Ordinances, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the government treasury or the revenue

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necessary to pay such appropriation shall have been collected into the general fund of the government treasury as provided by law. Section 7-405. Appropriation to be for Specific Sums . (a) The appropriation for each department, office, bureau, board, or commission for which appropriation is made shall be for a specific amount of money, and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof. All departmental personnel appropriations shall be lump sum by department. (b) Any appropriation made in conflict with the foregoing provision shall be void. Section 7-406. Capital Budget . The Council shall provide by ordinance for the adoption of a capital improvement program and a capital budget which shall apply to all departments, boards, authorities, commissions, offices, agencies and activities. Section 7-407. Independent Post Audit . (a) The Council shall provide for an annual independent audit of accounts and other evidences of financial transactions of the Unified Government, including its offices, boards, departments, authorities, commissions, and agencies. The audit shall be made by a certified public accountant or certified public accounting firm whose members have no pecuniary, financial or personal interest, directly or indirectly, in the fiscal affairs of the Unified Government or its departments, boards, authorities, commissions or agencies. (b) A special audit or examination of any office, department, board, commission or agency of the Unified Government may be ordered by the Council at any time. (c) The final report of the annual audit shall be completed as soon as practicable after the close of the year, and in no event later than six (6) months thereafter. Said report and the opinions and recommendations of those making the same shall be:

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(1) made available to the public at actual printing cost; (2) made available to the public for inspection at no charge; and (3) sent to the Grand Jury of Bibb County then in session, to all public libraries and branches thereof, and to the State Auditor. Chapter 5. Procurement and Disposition of Property Section 7-501. Contracting Procedures . (a) The Council shall prescribe by ordinance, rules and regulations to govern the preparation and execution of contracts which bind the Unified Government. All contracts, including those in the form of a resolution or ordinance shall be approved as to form by the attorney for the Unified Government. Except where otherwise provided by law or by ordinance, all contracts of the Unified Government shall be signed by the Mayor or some person designated by him with the approval of the Council, and shall be authenticated by the Clerk of Council. (b) All purchases made and contracts executed in behalf of the Unified Government, except for emergency purchases, shall be pursuant to a written requisition from the head of the using agency. (c) The Council shall require competition bidding before making a purchase or contract, except personal services contracts, under such rules and regulations as it may establish. Purchases shall be made from or the contract shall be awarded to the lowest responsible bidder; provided, however, on any purchase of materials or supplies of two hundred dollars ($200) or less, competitive bidding shall not be required. Section 7-502. Purchase, Sale and Disposition of Property . The Council shall by ordinance prescribe rules, regulations and procedures for the purchase, sale and disposition of all property, real and personal, of the Unified Government.

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ARTICLE VIII GENERAL PROVISIONS Chapter 1. Laws Applicable to Unified Government Section 8-101. Application of Laws; Laws in Force . (a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the Unified Government. The Constitution and general laws of the State of Georgia relating to the jurisdiction, powers, authority, duties, and responsibilities of or otherwise referring to municipal corporations or counties, or both, which are not in conflict herewith shall be applicable to the Unified Government. General laws of local application through classification by population, not in conflict with this Charter, which apply to the City of Macon on the date that this charter becomes effective, to Bibb County, or to the Unified Government, shall be effective. (b) In construing the applicability of provisions of the Constitution and general laws of the State of Georgia which apply in general terms to either counties or municipalities or both, the following terms as used in such laws shall be construed to include the Unified Government as follows: (1) County shall be construed to include Macon-Bibb County, Georgia. (2) City, town, municipal corporation or municipality shall be construed to include Macon-Bibb County, Georgia. (3) Board of county commissioners and county commissioners shall be construed to include the Council of Macon-Bibb County, Georgia. (4) Council, councilmen, mayor and council, aldermen, board of aldermen, and governing body shall be construed to include the Council of Macon-Bibb County, Georgia.

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(5) Chairman of the board of county commissioners and mayor shall be construed to include the Mayor of Macon-Bibb County, Georgia. (6) Area of operations shall be construed to include the area within but not limited to the territorial limits of Macon-Bibb County, Georgia. (7) Clerk shall be construed to include the Clerk of the Council of Macon-Bibb County, Georgia. (8) Political subdivisions, other than municipal corporations shall be construed to include Macon-Bibb County, Georgia. (9) Public office shall be construed to include elective offices of Macon-Bibb County, Georgia. (10) Election or general election shall include the term regular election as defined in section 6-102 of this charter. (11) Any other terms and provisions as used in such laws to refer specifically to counties, municipalities, or both and the officers, employees, departments, boards, commissions and authorities thereof shall be construed to include Macon-Bibb County, Georgia, its officers, employees, departments, boards, commissions, and authorities. (c) Local Acts of the State of Georgia which apply speciically to either Bibb County, the City of Macon, or both, or any board, commission or authority therein, shall be applicable to the Unified Government. In construing the applicability of local Acts of the State of Georgia which apply specifically to either Bibb County or the City of Macon or both, or any board, commission or authority therein, the following terms as used in such Acts shall be construed to mean the Unified Government, or boards, commissions, or authorities, as follows: (1) Bibb County and City of Macon shall be construed to mean Macon-Bibb County, Georgia.

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(2) County commissioners, board of county commissioners, and city commission shall be construed to mean Council of Macon-Bibb County, Georgia. (3) Chairman of the county commissioners, chairman of the board of county commissioners, and mayor shall be construed to mean Mayor of Macon-Bibb County, Georgia. (4) Any other terms and provisions as used in such Acts to refer specifically to Bibb County, the City of Macon, or both, and the officers, employees, departments, boards, commissions and authorities therein shall be construed to mean Macon-Bibb County, Georgia, and its officers, employees, departments, boards, commissions, and authorities. (d) In construing the applicability of laws in force to the Unified Government, the following order shall prevail: (1) The Constitution of the State of Georgia, as amended by a constitutional amendment ratified at the general election held on November 4, 1958 (Ga. L. 1958, p. 497). (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly (as distinguished from general laws of local application through classification by population) applicable to municipal corporations, or counties, or both, not in conflict with this charter. (3) The general laws of local application through classification by population as provided in section 8-101 (a) hereof. (4) This charter. (5) Special laws applicable to the former City of Macon or Bibb County, or both, not in conflict herewith. (6) All ordinances passed pursuant to this charter. (7) Existing ordinances of the former City of Macon and

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existing ordinances and resolutions of the former County of Bibb not in conflict with this charter. Section 8-102. Limitation of Claims and Service . (a) All claims against the Unified Government must be presented within twelve (12) months after they accrue or become payable or the same are barred, unless held by minors or other persons laboring under disabilities, who are allowed twelve (12) months after the removal of such disability. (b) Service on the Unified Government of any suit, process or order of court shall be served upon the Mayor. Section 8-103. Tort Liability . The tort liability of the Unified Government shall be that of a municipality. Section 8-104. Executions . Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this Charter which is required to be collected by the Department of Finance and such is not paid within the time period specified by the Council and no specific provision is elsewhere provided in this charter for its collection, then the director of the Department of Finance shall issue execution in the name of the Unified Government against such person, firm or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date, and penalties and costs, and the Unified Government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the tax commissioner and levy and sale thereunder shall be governed by general law. Section 8-105. Authority to Deal with Federal and State Agencies . Subject to the provisions of this charter, the Unified Government shall have the power and authority to participate in, cooperate in and take all necessary action with respect to any and all projects, programs and undertakings of any nature whatsoever authorized by any statute, rule or regulation of the United States or the State of Georgia, or any federal or state agency or instrumentality, including

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but not limited to urban renewal; highways; aviation; aviation terminals; airports; airport facilities; municipal, area or regional development; sewers and sewage disposal; public housing; housing for the aged; transportation or mass transit or any phase thereof; and ecology and environment or any aspect thereof, to borrow money and issue promissory notes, general obligation bonds or revenue bonds, or a combination thereof, for any such purposes; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the Unified Government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency. Section 8-106. Federal and State Aid . (a) The Unified Government shall be deemed a county and shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive, and for the purpose of receiving, State aid or grant-in-aid from the State of Georgia or from the United States or from any other agency or instrumentality thereof or from any other source, public or private. The Unified Government shall be entitled to receive and shall receive as State aid or as grant-in-aid from the State of Georgia under any State law or from the United States under any federal law or from any other agency or instrumentality thereof or from any other source, public or private, all funds to which a county is, or may hereafter be entitled and also all funds to which an incorporated city or municipality is, or may hereafter be entitled and to receive the same without diminution or loss by reason of unification of the County of Bibb and the City of Macon. (b) The Unified Government shall be authorized to receive and shall receive all funds which Bibb County is or may hereafter be entitled to receive from State funds made available by appropriations of the General Assembly to be distributed to the several counties to be used exclusively for the construction and maintenance of the public roads as provided by section 92-1404 of the Code of Georgia of 1933, as amended and as specifically set forth in an Act of the General Assembly of Georgia, approved March 8, 1945 (Ga. L. 1945, p. 316), and the provisions of such law shall apply in full force and effect to the Unified Government. The

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Unified Government shall be authorized to receive and shall receive all State funds which Bibb County is or may hereafter be entitled to receive as grants to counties appropriated as a part of highway department appropriation designated as follows: for grants to counties for aid in county road construction and maintenance, as initially authorized by an Act of the General Assembly of Georgia, approved February 21, 1951 (Ga. L. 1951, 417, 427 and 428), and hereafter all such Acts providing for grants to counties which are appropriated as a part of the highway department appropriation designation: for grants to counties for aid in county road construction and maintenance, shall apply in full force and effect to the Unified Government. The Unified Government shall be authorized to receive and shall receive all funds which Bibb County is or may hereafter be entitled to receive from State funds made available by law and distributed to the governing authorities of counties of this State to be expended for any public purposes as authorized by an Act of the General Assembly of Georgia, approved April 21, 1967 (Ga. L. 1967, p. 888), or by any future laws for the purposes set out in section 1 of said Act and the provisions of said Act or any future such Acts shall apply in full force and effect to the Unified Government. (c) The Unified Government shall be authorized to receive and shall receive all funds which the City of Macon is or may hereafter be entitled to receive as grants to certain incorporated municipalities under the provisions of an Act of the General Assembly of Georgia, approved March 31, 1965 (Ga. L. 1965, p. 458), as amended, and the provisions of said Act shall apply in full force and effect to the Unified Government. For the purpose of distributing such funds under the provisions of said Act as amended, the population of the City of Macon on January 1, 1970, as determined by the United States Decennial Census of 1970, or any future such census, shall be used in calculating and determining the basis of the distribution of such funds to Macon-Bibb County, Georgia. When State aid or other grant-in-aid is distributed to any incorporated municipality on the basis of population which the City of Macon would hereafter be entitled to receive under any State or federal law following the United States Decennial Census of 1970, or any future

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such census, then the total population of the Unified Government shall be used in calculating and determining the basis of the distribution of such funds to the Unified Government. (d) The Unified Government shall be authorized to receive and shall receive all funds which the City of Macon is or may hereafter be entitled to receive as grants to certain incorporated municipalities to be used for any public purposes under the provisions of an Act of the General Assembly of Georgia, approved April 21, 1967 (Ga. L. 1967, p. 889), and the provisions of said Act shall apply in full force and effect in the Unified Government. For the purpose of distributing such funds under the provisions of said Act, as amended, the population of the City of Macon on January 1, 1970, as determined by the United States Decennial Census of 1970, or any future such census, shall be used in calculating and determining the basis of the distribution of such funds to Macon-Bibb County, Georgia. When State aid or other grant-in-aid is distributed to any incorporated municipality on the basis of population which the City of Macon would hereafter be entitled to receive under any State or federal law following the United States Decennial Census of 1970, or any future such census, then the total population of the Unified Government shall be used in calculating and determining the basis of the distribution of such funds to the Unified Government. (e) The Unified Government shall be authorized to receive any grants under the provisions of Ga. L. 1971, p. 176. Section 8-107. Affirmation of Certain Acts . Every act of the City of Macon and of the County of Bibb heretofore done or performed under the Housing Authorities Law (Chapter 99-11 of the Code of Georgia), the Housing Corporation Law (Chapter 99-12A of the Code of Georgia), or the Urban Redevelopment Law (Chapter 69-11 of the Code of Georgia), or laws amendatory thereof, or under any State or federal law relating to the subject matters thereof, are affirmed and ratified and are continued in unimparied force and effect to the same extent as if such respective governments had continued to exist and function as separate political entities, and nothing herein contained shall affect the

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status of any Authority or Housing Authority created for the City of Macon or for the County of Bibb pursuant to said laws, or any of them, nor shall any cooperation agreement or other obligation entered into or undertaken by the governing authorities of either of said governments be impaired or otherwise affected. Any and all agreements made by such Authority are approved and ratified, including, without limiting the generality of the foregoing, all bonds or notes or other monetary commitments issued or made by such Authority, and including any and all agreements made by such Authority with the federal government, or any agency thereof, pertaining in any way to the functions of such Authority. Chapter 2. Amending Charter Section 8-201. Proposal of Amendment . (a) Except as provided in subsection (b), this charter or any provision thereof may be modified, rescinded, changed or amended by: (1) An Act of the General Assembly of Georgia; (2) An ordinance of the Council duly adopted by the affirmative vote of not less than eight of its members favoring such amendment and ratification thereof by the affirmative vote of a majority of the qualified electors of the Unified Government voting in a referendum election as provided in section 8-202 hereof; (3) A petition of ten percent (10%) of the electors qualified to vote in the last preceding regular election for offices of the Mayor and Councilmen filed with the Clerk of the Council and ratification thereof by the affirmative vote of a majority of the qualified electors of the Unified Government voting in a referendum election as provided in section 8-202 hereof. Any petition filed with the Clerk of Council under this section shall be validated by the board of elections. (4) Any method authorized under any municipal or county home rule authority.

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(b) Any proposal for an amendment, modification or rescission of this charter, the effect of which provides for an abolishment of the Unified Government shall not become effective until approved by a majority of the qualified electors of the Unified Government voting in a referendum election as provided in section 8-202 and such time as the General Assembly of Georgia has provdied for and established a successor government to replace and supersede the Unified Government established by this charter, and until such event the Unified Government herein created shall continue in full force and effect as if such amendment, modification or rescission had not been adopted. Section 8-202. Election . When an amendment to this charter has been properly proposed, either by ordinance or by petition, the board of elections shall call a referendum election not less than 30 days and not more than 45 days after the date of the adoption of the ordinance or the validation of the petition, as the case may be, at which the electorate of Macon-Bibb County, Georgia, will vote to ratify or reject the amendment or amendments proposed; provided, however, if a regular election is to be held not less than 30 nor more than 120 days after the adoption of the resolution or the validation of the petition then such referendum election shall be held at the same time as the regular election. The ballot shall be prepared so as to sufficiently set forth the subject matter of each proposed amendment, numbered as the same is numbered in the ordinance of the Council or in the petition, and to provide the voters a choice to vote For Ratification and Against Ratification of each proposed amendment. Each proposed amendment shall be rejected when a majority of said votes shall be against ratification. Said election shall be held in accordance with applicable laws governing elections as provided in Article VI, Section 6-101 of this charter, and the costs of said election shall be paid out of the general funds of Macon-Bibb County, Georgia. The board of elections shall canvass the returns and certify the results to the Secretary of State of Georgia, who shall issue a proclamation showing the results of said election on the ratification or rejection of each proposed amendment to this charter. One copy of the proclamation shall be attached to the copy of this charter

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previously certified to said Secretary of State, and one copy shall be delivered to the Clerk of the Council who shall attach the same to the copy of the charter in his custody. Section 8-203. Limitation . Once a charter amendment is proposed on a particular subject either by ordinance or by valid petition as provided in section 8-201 (a), (2) and (3), no amendment on the same subject shall be proposed by ordinance or petition within twelve (12) months after the referendum election thereon. Chapter 3. Miscellaneous Provisions Section 8-301. Existing Rights and Interests . No provision of this charter is intended, nor shall it be construed, to affect in any way any rights or interests, public or private: (a) Vested or accrued as of the effective date of the provision, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this charter, except any right or interest in any public elective office, not conferred by this charter. (b) Derived from, or which might be sustained or preserved in reliance upon, action taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this charter. Section 8-302. Section Captions . The captions to the several sections of this charter are informative only and are not to be construed as a part thereof. Section 8-303. Effect of Repeals . No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing act, or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws. Section 8-304. Severability Clause . If any section, subsection, paragraph, sentence, clause or phrase of this charter, or the application thereof to any person or circumstance,

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should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this charter, which shall remain in full force and effect; and to this end the provisions of this charter and the applications thereof are hereby declared to be severable. Section 8-305. Repeal of Conflicting Laws . All laws and parts of laws in conflict with this charter are hereby repealed. ARTICLE IX INTERIM PROVISIONS Section 9-101. Schedule for Consolidation of Existing Departments/Functions . (a) Immediately following approval of the charter consolidating the City of Macon and Bibb County, the Mayor and Council of the City of Macon and the County Commissioners of Bibb County shall establish and organize a Departmental Consolidation Commission. This Commission shall consist of, but will not be limited to, the Mayor and all City Councilmen and all Bibb County Commissioners. Duties of the Commission will be to study and effect the consolidation of all departments, agencies, boards, committees, etc., and all functions of the City of Macon and Bibb County. The following departments/functions shall be consolidated in accordance with, and no later than, the following schedule: (1) Public Works/Roads and Bridges Date: 12-31-76 (2) Purchasing (A central Purchasing Department shall be charged with the sole responsibility of purchasing all supplies and services for all other departments, agencies, boards, committees, etc. within the Unified Government. No purchasing shall be accomplished within the Unified Government by any other department, agency, board, committee, etc.) 6-30-77 (3) Building/Grounds Maintenance 9-30-77 (4) Vehicle Maintenance 3-31-78 (5) Engineering 6-30-78 (6) Personnel 12-31-78 (7) Administrative 3-31-79 (8) Legal Services (including Boards, Commissions and agencies) 6-30-79 (9) Detention of Criminals (jails, stockades) 9-30-79 (10) Recreation and Public Parks (including Bowden Golf Course) 9-30-79 Provided, however, the Commission may, due to fiscal or legal considerations, elect to defer the consolidation of selected departments/functions until after election and installation of the new Mayor and Council. Departments/functions so deffered shall be consolidated or abolished by action of the new Council and Mayor prior to January 1, 1980. (b) The Mayor and Macon and the chairman of Bibb County Commissioners will jointly name a chairperson for the Department Consolidation Commission. (c) Expenses incurred by the Commission will be shared equally by Macon and Bibb County. (d) The Commission will be dissolved as of January 1, 1980. Section 9-102. Election of First Mayor and Council (a) The election of the first Mayor and Council of the Unified Government shall be held on the Tuesday next following the first Monday in November in 1979. Except as otherwise provided, herein, such election shall be conducted in accordance with the provisions of Title 34 of the Code of Georgia of 1933, as amended, and particularly as amended by an Act entitled the Georgia Election Code approved June 24, 1964 (Ga. L. 1964, Ex. Sess., p. 26), as amended, and the provisions of said Election Code which govern the qualification

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of candidates, the registration of electors, and the conduct of primaries that apply to the regular November general election shall apply to the election of the first Mayor and Council. (b) The qualifications for office of Councilman shall be as prescribed in section 3-102, and for the office of Mayor, as specified in section 4-202 of this charter. (c) The expenses of the election of the first Mayor and Council herein provided for shall be paid equally by Macon and Bibb County. Section 9-103. Effective Date of Charter . Except as otherwise provided herein, this charter shall become effective on January 1, 1980, or upon the election of the first Mayor and members of the first Council of the Unified Government and their taking office as the governing authority of the Unified Government, whichever shall later occur. Section 9-104. Certain Early Assumptions of Duties; Exercise of Limited Powers . (a) Not later than ten (10) days following the date of the election held for electing the first Mayor and members of the first Council of the Unified Government, the said Mayor and members of the first Council who have been elected shall take their respective oaths of office and thereupon the Council shall meet for the purpose of organization and electing a president and a president pro tempore of the Unified Government and a Clerk of Council as provided in section 3-105 of this charter. (b) Until the effective date of this charter, the first Council elected at the November 1979 election as provided herein may hold meetings and plan for and schedule the initial organization of the Unified Government in accordance with applicable provisions of this charter. The Council shall be authorized to receive and expend appropriations from the City Council of the City of Macon and from the Board of Commissioners of Bibb County for the purpose of performing its responsibilities as provided for herein. (c) Until the effective date of this charter, the first

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Mayor elected at the 1979 November election may exercise only the following limited powers: (1) Appoint the Chief Administrative Officer; (2) Appoint the Attorney of the Unified Government as provided in section 4-401; (3) Appoint the chief recorder and associate recorder of Recorder's Court as provided in section 5-603; (4) Submit to the Council financial information in prepation for the initial budgetary year of the Unified Government; and (5) Perform such other acts as necessary in planning and scheduling for implementation of the Unified Government. (d) Until the effective date of this charter, the Chief Administrative Officer may exercise only the following limited powers: (1) Prepare and submit to the Mayor financial information in preparation for the initial budgetary year of the Unified Government; and (2) Assist in development of plans and schedules for unification of the various departments and agencies of the City of Macon and Bibb County into a Unified Government as provided by this charter. (e) Until the effective date of this charter, the City Attorney and County Attorney shall assist the Council and Mayor in the preparation of the necessary drafts of proposed ordinances and resolutions and other legal documents and the handling of such other legal matters as necessary to effectuate the purposes of this Article. (f) The heads of the departments appointed during the interim period prior to the effective date of this charter shall provide such assistance to the Council and Mayor as

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shall be necessary to assure an orderly formation and preparation for implementation of the Unified Government. (g) Subject to the provisions of subsection (h), any appointed official who assumes office prior to the effective date of this charter pursuant to this section shall be entitled to receive compensation for his services during the period from the date his services commence until the effective date of this charter. Such compensation, to be fixed by the Council, shall be paid monthly during the interim period by the Board of Commissioners of Bibb County. (h) Any officer elected or appointed prior to the effective date of this charter, pursuant to this Section, may also be an officer of the City of Macon or Bibb County during the interim period; provided however, such officer, so long as he holds both positions, shall receive compensation only as an officer or employee of said city or county, as the case may be, and such compensation shall be paid by the respective city or county government. Section 9-105. Cooperation of Former Governments . All officers, officials and employees of the former City of Macon and Bibb County shall cooperate with and assist the Mayor and the Council and other officers of the Unified Government in planning for and scheduling the unification of departments, boards, commissions and agencies of said former governments, and in transferring the functions, duties and responsibilities of such departments, boards, commissions and agencies to the appropriate agencies of the Unified Government and in all other respects in order that the transfer of the governmental and corporate functions of the former governments shall be accomplished in the most orderly manner possible. The Mayor and the Council and officers of the Unified Government shall be entitled to examine all records, files and other data in the possession of the former governments and all officers, officials and employees and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers and employees of the Unified Government appointed pursuant to section 9-104 hereof.

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Section 9-106. Existing Ordinances and Resolutions Continued in Effect . (a) Existing ordinances and resolutions of the Board of Commissioners of Bibb County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this charter shall be effective as ordinances and resolutions of the Council of the Unified Government and as rules and regulations of the appropriate department or agency thereof until they have been repealed, modified or amended. (b) Existing ordinances and resolutions of the City of Macon and existing rules and regulations of departments and agencies thereof not inconsistent with the provisions of this charter shall be effective as ordinances and resolutions of the Council of the Unified Government and as rules and regulations of the appropriate department or agency thereof until they have been repealed, modified or amended; provided, that ordinances and rules and regulations of departments or agencies of Bibb County shall take precedence over ordinances and rules and regulations of the corresponding departments and agencies of the City of Macon, whenever they are inconsistent. Section 9-107. Contracts and Obligations . (a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds and other obligations or instruments entered into by Bibb County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the Unified Government; provided however, any obligation created by Bibb County to become effective after the adoption of this charter and before the effective date of this charter shall not be binding upon the Unified Government unless specifically approved by the Council of the Unified Government following the effective date of this charter. (b) Except as otherwise provided by other sections of this charter, contracts, orders, leases, bonds and other obligations or instruments entered into by the City of Macon or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof, as obligations and rights of the Unified Government; provided however,

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any obligation created by the City of Macon to become effective after the adoption of this charter and before the effective date of this charter shall not be binding upon the Unified Government unless specifically approved by the Council of the Unified Government following the effective date of this charter. (c) No pending action or proceeding of any nature (whether civil, criminal, judicial, administrative or other) by or against the City of Macon or Bibb County or an agency or department of either shall be abated or otherwise affected by the adoption of this charter, and the Unified Government shall stand substituted as a party in lieu thereof. Section 9-108. Protection of Existing Employees . (a) All full-time employees of the City of Macon and Bibb County and all full-time employees of any department, office or agency thereof shall, upon the termination of said city and county governments and the inception of the Unified Government, become employees of the Unified Government or of a department, office or agency thereof and shall be assigned to duties as similar in nature as may be practicable within said government; provided, however, that nothing herein shall be deemed to confer any vested right with respect to such employment. Personnel reductions as a result of consolidation will be accomplished by attrition. (b) All employees of the City of Macon and Bibb County and their departments, offices or agencies included by the definition of section 4-803 in the classified service shall immediately become members of the classified service of the Unified Government upon the effective date of this charter and shall not be required to take a written or oral examination for such purpose. Section 9-109. Dissolution of Existing Governments . Prior to the effective date of this charter all powers vested in Bibb County, the City of Macon, or in their respective officers, agents or agencies shall remain in full force and effect. Upon such effective date the Board of Commissioners of Bibb County, the Mayor, the City Council of the City of Macon and the offices of all members thereof shall stand

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abolished, and all emoluments appertaining thereto shall cease. Thereupon the governments of Bibb County and the City of Macon shall terminate as such separate political entities and be merged into the government created by this charter and all the powers, functions and duties thereof shall be transferred to and vested in the Unified Government; nevertheless, the term Bibb County shall continue to denote the territorial area of the Unified Government. Section 9-110. Dissolution of Existing Agencies . All boards, commissions, departments, authorities, offices and other agencies of the City of Macon and Bibb County shall continue to operate as heretofore until abolished or terminated by Council; provided, however, that no elected board shall be abolished by action of the Unified Government. Section 9-111. Interim Provisions as to Fiscal Matters . (a) Supplemental appropriations may be made by the Council to any department, board, commission, office or agency of the Unified Government until June 30, following the effective date of this charter; provided however, such appropriations shall be made within the budget structure of the former governments of the City of Macon and Bibb County. (b) The combined budgets and tax levies of the former governments of the City of Macon and Bibb County shall serve as the budget and tax levy for the Unified Government through June 30, following the effective date of this charter. (c) Debt service with respect to bonds issued by the City of Macon shall be paid from the sinking funds of said city through June 30, following the effective date of this charter, and debt service with respect to bonds issued by Bibb County shall be paid from the sinking funds of said county during the same period. Section 9-112. Transfer of Records and Equipment . When an agency of the City of Macon or of Bibb County is abolished or consolidated, all assets, contracts, franchises, books, papers, maps, charts, plans, records, other equipment and personal property in the possession of the same shall

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be delivered to the agency to which its rights, powers, duties and obligations are transferred. Section 9-113. Effectiveness Depends Upon Referendum . (a) Except for the purpose of the election provided for in this section, this Act shall have no force or effect until the same shall have been ratified by a majority of those qualified voters voting in an election as herein provided. (b) Not less than fifteen (15) nor more than thirty (30) days after receipt of the certified copy of such proposed charter, it shall be the duty of the Macon-Bibb County Board of Elections to issue the call for an election for the purpose of submitting said charter to the qualified voters of Bibb County and to the qualified voters of the City of Macon for approval or rejection. The board of elections shall set the date of such election for May 4, 1976. The board shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof, in one or more newspapers of general circulation in Bibb County. The ballot shall have written or printed thereon the following: () YES () NO Shall the charter unifying the governments of the City of Macon and Bibb County and creating a single unified government to supersede and replace said governments be approved? All persons desiring to vote in favor of said charter shall vote YES and those persons desiring to vote for rejection of said charter shall vote NO. The votes cast on such question by the qualified voters of Bibb County and the votes cast on such question by the qualified voters of the City of Macon shall be counted separately. If more than one-half of the total votes cast by the qualified voters of Bibb County and if more than one-half of the votes cast by the qualified voters of the City of Macon are YES, then said charter shall become effective as provided hereinafter, otherwise it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Macon and Bibb County.

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(c) A qualified voter of Bibb County shall mean a voter qualified to vote in Bibb County elections and a qualified voter of the City of Macon shall mean a voter qualified to vote in City of Macon elections. The board of elections shall canvass the returns and certify the results of said election as follows: The board shall certify the votes cast. The board shall certify under its hand and seal the returns thereof as aforesaid to the Secretary of State of Georgia. The board shall also furnish, with the returns thereof to the Secretary of State, a certified copy of this Act. The Secretary of State shall issue his proclamation showing and declaring the result of said election on the ratification or rejection of said charter, one copy of which proclamation shall be attached to the copy of the charter certified to said Secretary of State, and one copy of which shall be delivered to the clerk of the governing authority of the City of Macon, who shall attach the same to the copy of the charter previously certified to him and one copy of which shall be delivered to the clerk of the governing authority of Bibb County who shall attach the same to the copy of the charter previously certified to him. (d) Whenever, a charter for the unification of the governments of the City of Macon and Bibb County has been adopted, said two certified copies, with proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of said Unified Government and shall be admissible in evidence without further authentication. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Macon and of the governing authority of Bibb County shall subsequently be delivered by them to the clerk of the successor government as said charter shall provide. The officer of said government to whom said copies of the charter and proclamation are delivered may issue certified copies of said charter authenticated by his signature as custodian and any copy so certified by him shall be admissible as original evidence in a court of law or other proceedings. The Secretary of State of Georgia is hereby authorized to issue certified copies of the charter on file with him, and any copy so certified by him shall be

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admissible in a court of law or other proceedings as original evidence. APPENDIX I COUNCIL DISTRICTS District 1 . Beginning at the point of intersection of the center line of the Ocmulgee River with the center lines of Interstate Route 75 and Interstate Route 16; thence running downstream southeastwardly along the center line of the Ocmulgee River to a point where said center line intersects with the center line of Fifth Street; thence running southwestwardly along the center line of Fifth Street to the center line of Edgewood Avenue; thence running northwestwardly along the center line of Edgewood Avenue to the center line of Second Street; thence running southwestwardly along the center line of Second Street to the point of intersection of the center lines of Second Street and the center line of Bowden Street and the center line of Grants Chapell Alley; thence running northwestwardly along the center line of Grants Chapell Alley to the center line of Jeff Davis Street; thence running southwestwardly along the center line of Jeff Davis Street to the center line of Anthony Road; thence running westwardly along the center line of Anthony Road to a point where said center line of Anthony Road intersects with the center line of the northbound lane of Interstate Route 75; thence running north along the center line of the northbound lane of Interstate Route 75 to a point where said center line intersects with the center line of Dempsey Avenue; thence running west along the center line of Dempsey Avenue to the center line of Pio Nono Avenue; thence running north along the center line of Pio Nono Avenue to the center line of Columbus Road (Montpelier Avenue); thence running southwestwardly along the center line of Columbus Road (Montpelier Avenue) to the intersection of the center line of Courtland Avenue; thence running north along the center line of Courtland Avenue to a point where said center line intersects with the center line of Roy Street; thence running east along the center line of Roy Street to the center line of Cutro Lane; thence

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running north along the center line of Cutro Lane to the center line of Roff Avenue; thence running east along the center line of Roff Avenue to a point where said center line intersects with the center line of Clisby Place; thence running northeastwardly along the center line of Clisby Place to the center line of Vineville Avenue; thence running southeastwardly along the center line of Vineville Avenue to a point where said center line intersects with the center line of Forest Avenue; thence running northeastwardly along the center line of Forest Avenue to a point where said center line intersects with the center line of Riverside Drive; thence running southeastwardly along the center line of Riverside Drive to a point where said center line intersects with the center line of the south bound (western most) lane of Interstate Route 75; thence running northwardly along the south bound lane of Interstate Route 75 to a point where said center line intersects with the center line of the east bound lane of Interstate Route 16; thence running southeastwardly along the center line of the east bound lane of Interstate Route 16 to the point of beginning. District 2 . Beginning at the point of intersection of the center line of the Ocmulgee River and the center lines of the north bound lane of Interstate Route 75 and the center line of the north bound lane of Interstate Route 16; thence running northeastwardly following the meanderings of a tributary to said river to the point of intersection with the center line of Nottingham Drive; thence running northwestwardly along the center line of Nottingham Drive to a point where said center line intersects with the center line of Twin Pines Drive; thence running north along the center line of Twin Pines Drive to the point of intersection of the center line of Upper River Road with the center line of Twin Pines Drive; thence running southeastwardly along the center line of Upper River Road to the center line of Crestview Drive; thence running northeastwardly along the center line of Crestview Drive to the center line of Huntley Ridge Drive; thence running southeastwardly along the center line of Huntley Ridge Drive to the center line of Old Clinton Road; thence running northeastwardly along

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the center line of Old Clinton Road to a point where said center line intersects with the center line of Gray Highway; thence running northeastwardly along the center line of Gray Highway to a point where the center line of Gray Highway intersects with the Bibb County and Jones County boundary line; thence running southeastwardly along the Bibb County and Jones County boundary line to a point where said boundary line turns northeastwardly; thence running northeastwardly along the Bibb County and Jones County boundary line to a point where said line turns southeastwardly; thence running southeastwardly along said boundary line to a point where said boundary line turns northeastwardly; thence running northeastwardly along said boundary line to a point where said boundary line turns southeastwardly; thence running southeastwardly along said boundary line to a point where said boundary line turns southeastwardly; thence running southeastwardly along the Bibb County and Jones County boundary line to the Bibb County and Twiggs County boundary line; thence running southeastwardly along the Bibb County and Twiggs County boundary line to a point where said boundary line turns southwestwardly; thence running southwestwardly along said boundary line to a point where said boundary line intersects with the center line of the Ocmulgee River; thence running northwardly, following the center line of the Ocmulgee River and continuing along the meanderings of said river and northwestwardly to the point of beginning. District 3 . Beginning at the point of intersection of the center line of Fifth Street with the center line of the Ocmulgee River; thence running southeastwardly downstream following the meanderings of the center line of the Ocmulgee River to a point where said center line of the Ocmulgee River is intersected by the Bibb County and Twiggs County boundary line; thence running westwardly along the Bibb County and Houston County boundary line to the Bibb County and Peach County boundary line; thence running westwardly along the Bibb County and Peach County boundary line to the Bibb County and Crawford County boundary line; thence running northwestwardly along the Bibb County and Crawford

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County boundary line to a point where said boundary line intersects with the north bound lane of Interstate Route 75; thence running northeastwardly and northwardly along the center line of the north bound lane of Interstate Route 75 to a point where said center line intersects with the center line of Anthony Road; thence running due east along the center line of Anthony Road to a point where said center line intersects with the center line of Jeff Davis Street; thence running northeastwardly along the center line of Jeff Davis Street to a point where said center line intersects with the center line of Grants Chapell Alley; thence running southeastwardly along the center line of Grants Chapell Alley to a point where said center line intersects with the center line of Second Street; thence running northeastwardly along the center line of Second Street to a point where said center line intersects with the center line of Edgewood Avenue; thence running southeastwardly along the center line of Edgewood Avenue to a point where said center line intersects with the center line of Fifth Street; thence running northeastwardly along the center line of Fifth Street to the point of beginning. District 4 Beginning at a point of intersection of the center line of Anthony Road with the center line of the south bound lane of Interstate Route 75; thence running southwardly and southwestwardly along the center line of the south bound lane of Interstate Route 75 to a point where said center line intersects with the Bibb County and Crawford County boundary line; thence running northwestwardly along the Bibb County and Crawford County boundary line to a point where said boundary line turns northwardly and continuing northwardly along said boundary line to the Bibb County and Monroe County boundary line; thence running northeastwardly along said boundary line to a point where said boundary line intersects with the center line of Rocky Creek; thence running generally southeastwardly following the center line of Rocky Creek to a point where said center line intersects with the center line of Meadowbrook Drive; thence running southwardly along the center line of Meadowbrook Drive to a point where said center line intersects with

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the center line of Vallie Drive; thence running southwardly along the center line of Vallie Drive to the center line of Columbus Road; thence running generally east and southeastwardly along the center line of Columbus Road to a point where said center line intersects with the center line of Rocky Creek; thence running southeastwardly along the center line of Rocky Creek to a point where said center line intersects with the center line of Eisenhower Parkway (U.S. 80); thence running east along the center line of Eisenhower Parkway to a point where said center line intersects with the center line of Anthony Terrace; thence running north along the center line of Anthony Terrace to a point where said center line intersects with the center line of Anthony Road; thence running east along the center line of Anthony Road to the point of beginning. District 5 . Beginning at the point of intersection of the center line of Anthony Road with the intersection of the south bound lane of Interstate Route 75; thence running west along the center line of Anthony Road to the point of intersection with the center line of Anthony Terrace; thence running south along the center line of Anthony Terrace to a point where said center line intersects with the center line of Eisenhower Parkway (U.S. 80); thence running west along the center line of Eisenhower Parkway to a point where said center line intersects with the center line of Rocky Creek; thence running upstream following the center line of Rocky Creek to a point where said center line intersects with the center line of Columbus Road; thence running generally west and northwestwardly along the center line of Columbus Road to a point where said center line intersects with the center line of Vallie Drive; thence running northwardly along the center line of Vallie Drive to a point where said center line intersects with the center line of Meadowbrook Drive; thence running northwardly along the center line of Meadowbrook Drive to a point where said center line intersects with the center line of Rocky Creek; thence running northwestwardly along the center line of Rocky Creek following the meanderings of said center line upstream to a point where said center line intersects with

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the center line of Tucker Road; thence running east along the center line of Tucker Road to a point where said center line intersects with the center line of Ayers Road; thence running southeastwardly and east along the center line of Ayers Road to a point where said center line intersects with the center line of Park Street; thence running northeastwardly along the center line of Park Street to a point where said center line intersects with the center line of the Central of Georgia Railroad; thence running southeastwardly along the center line of the Central of Georgia Railroad to a point where said center line intersects with the center line of Roff Avenue; thence running southeastwardly along the center line of Roff Avenue to a point where said center line intersects with the center line of Cutro Lane; thence running south along the center line of Cutro Lane to a point where said center line intersects with the center line of Courtland Avenue; thence running south along the center line of Courtland Avenue to a point where said center line intersects with the center line of Columbus Road; thence running northeastwardly along the center line of Columbus Road to a point where said center line intersects with the center line of Pio Nono Avenue; thence running south along the center line of Pio Nono Avenue to the center line of Dempsey Avenue; thence running east along the center line of Dempsey Avenue to a point where said center line intersects with the center line of the north bound lane of Interstate Route 75; thence running south along the center line of the north bound lane of Interstate Route 75 to the point of beginning. District 6 . Beginning at the point of intersection of the center line of Roff Avenue and the center line of Cutro Lane; thence running northwestwardly along the center line of Roff Avenue to a point where said center line intersects with the center line of the Central of Georgia Railroad; thence running northwestwardly along the center line of the Central of Georgia Railroad to a point where said center line intersects with the center line of Park Street; thence running southwestwardly along the center line of Park Street to a point where said center line intersects with the center line

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of Ayers Road; thence running west along the center line of Ayers Road and turning northwestwardly along the center line of Ayers Road to a point where said center line intersects with the center line of Tucker Road; thence running west along the center line of Tucker Road to a point where said center line intersects with the center line of Rocky Creek; thence running northwestwardly along the center line of Rocky Creek following the meanderings of said center line upstream to a point where said center line intersects with the Bobb County and Monroe County boundary line; thence running northwestwardly, west, north, and east along the Bibb County and Monroe County boundary line to a point where said county boundary line intersects with the Bibb County and Jones County boundary line; thence running southeastwardly along the Bibb County and Jones County boundary line to a point where said county boundary line intersects with the center line of Gray Highway; thence running southwestwardly along the center line of Gray Highway to a point where said center line intersects with the center line of Old Clinton Road; thence running southwestwardly along the center line of Old Clinton Road to a point where said center line intersects with the center line of Huntley Ridge Drive; thence running northwestwardly along the center line of Huntley Ridge Drive to a point where said center line intersects with the center line of Crestview Drive; thence running southwestwardly along the center line of Crestview Drive to a point where said center line intersects with the center line of Upper River Road; thence running northwestwardly along the center line of Upper River Road to a point where said center line intersects with the center line of Twin Pines Drive; thence running southwardly and southwestwardly along the center line of Twin Pines Drive to a point where said center line intersects with the center line of Nottingham Drive; thence running southeastwardly along the center line of Nottingham Drive to a point where said center line intersects with a tributary running southwestwardly to the Ocmulgee River; thence following the center line of said tributary to a point where said center line intersects with the center line of the Ocmulgee River and the north bound lane of Interstate Route 16; thence running along the center line of the north bound lane of Interstate Route 16 to a point where

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said center line intersects with the north bound lane of Interstate Route 75 at the interchange of said Interstate Route 16 and Interstate Route 75; thence running south along the center line of the south bound lane of Interstate Route 75 to a point where said center line intersects with the center line of Riverside Drive; thence running northwestwardly along the center line of Riverside Drive to a point where said center line intersects with the center line of Forest Avenue; thence running southwestwardly along the center line of Forest Avenue to the point of intersection with the center line of Vineville Avenue; thence running northwestwardly along the center line of Vineville Avenue to a point where said center line intersects with the center line of Clisby Place; thence running southwestwardly along the center line of Clisby Place to a point where said center line intersects with the center line of Roff Avenue; thence running west along the center line of Roff Avenue to the point of beginning. APPENDIX 2 . CODE OF ETHICS AND PROHIBITED PRACTICES Section 1. Conflict of Interest . No elected official, appointed officer or employee of the Unified Government or any office, department or agency thereof shall knowingly: (a) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is in conflict with the 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 in conflict with the discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties; (c) Use or disclose information concerning the property, government or affairs of the Unified Government or any

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office, department or agency thereof to advance the financial or other private interest of himself or others; (d) Accept any gratuity, whether in the form of service, loan, thing or promise, from any person, firm or corporation that to his knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the Unified Government or any office, department or agency thereof; provided, however, that an official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (e) Represent private interest in any action or proceeding against the Unified Government or any office, department or agency thereof; (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. Section 2. Disclosure . Any elected official, appointed officer or employee of the Unified Government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any office, department or agency shall disclose such private interest to the Council. The Mayor or any Councilman who has a private interest of any kind in any matter pending before the Council shall disclose such private interest. Any such disclosure shall be entered on the minutes of the Council and the official shall disqualify himself from participating in any decision or voting relating thereto. Any elected official, appointed officer or employee of any office, department or agency 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 office, department or agency shall disclose such private interest to the Council. Section 3. Use of Public Property . No elected official, appointed officer or employee of the Unified Government or of any office, department or agency thereof to which this Code of Ethics applies shall use property owned by the Unified

Page 3895

Government for personal benefit or convenience except in accordance with policies promulgated by the Council. Section 4. Testimony of Public Officials Relating to Public Affairs . Any officer or employee of the Unified Government who is duly and properly called as a witness before any Unified Government, State or Federal judicial or administrative tribunal, and who shall before such tribunal fail to answer any proper question concerning the performance of his official duties, shall be guilty of a violation of this Code of Ethics. For the purposes of this section, a proper question is deemed one that does not violate constitutional rights. Section 5. Contracts Voidable and Rescindable . Any contract between the Unified Government or any agency or entity to which this Code of Ethics applies and another party may be voidable or rescindable at the option of the Unified Government at any time if any elected official, appointed officer or employee of the Unified Government or any office, department or agency thereof has any interest in such contract and does not disclose such interest in accordance with section 2 hereof. Section 6. Political Activities of Certain Officers and Employees . No employee within the classified service of the Unified Government shall campaign for a candidate or take any part in the management of the affairs of any political party or in any political campaign, except to exercise his right as a citizen to express privately his opinions and cast his vote. Section 7. Penalties for Violation . Any violation of sections 1 through 6 hereof shall be punishable as follows: (a) In the case of employees within the classified service, by reprimand, suspension without pay for a period not exceeding six (6) months; reduction in rank; removal from office, employment or service; and or forfeiture of any severance pay, only after charges or a written accusation has been preferred against such employee.

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(b) In the case of any elected official, by discipline in the manner provided in Article VI of this charter. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced, at the regular 1976 session of the General Assembly of Georgia, a Bill to provide for a charter for Macon-Bibb County, Georgia; to provide for the unified government of the City of Macon and Bibb County; to provide for all matters connected with the foregoing; and for other purposes. This 26th day of December, 1975. Frank C. Pinkston Representative, District 100 Georgia House of Representatives 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 in the Macon News which is the official organ of Bibb County, on the following dates: December 26, 1975 and January 2, 9, 1976. /s/ Frank C. Pinkston Representative, 100th District Sworn to and subscribed before me this 19th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

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CITY OF LOVEJOYNEW CHARTER. No. 1321 (House Bill No. 2020). An Act to create a new charter for the City of Lovejoy in the County of Clayton; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for a Merit Service System; to provide for the preservation of ordinances, bylaws, rules and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; 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. 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

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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: 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

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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. 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.

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(e) To condemn property, inside the city, for present or future use, and for any corporate purpose deemed necessary by the mayor and council, under section 36-202 of the Code of Georgia 1933, or under other applicable public Acts. (f) To grant franchises or make contracts for public utilities and public services, not to exceed periods of thirty (30) years. The mayor and council may prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with laws of the State of Georgia, or not in conflict with such regulations by the Public Service Commission. (g) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, public buildings, sewers, drains, recreational, conservation, 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.

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(k) To define a nuisance in the city and to provide for its abatement. The recorder of the city shall have jurisdiction over all nuisance abatement proceedings in the city. The mayor and council may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten (10) days after written notice from the city to do so and after an opportunity to be heard on same. (l) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards. (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

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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. (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

Page 3903

with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest. Section 1.04. Ordinances . All ordinances, bylaws, rules and regulations, now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council. ARTICLE II CITY GOVERNMENT Section 2.01. Establishment of City Government . The corporate governmental powers of the City of 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 in odd-numbered

Page 3904

years, 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 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.

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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 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 folowing 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.

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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 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 provide for above, the vacancy shall be filled by a special election called

Page 3907

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. 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 insuing 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

Page 3908

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 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

Page 3909

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. 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

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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 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.

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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: 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.

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Section 4.03. Administrative Assistant; Powers and Duties . The administrative assistant shall have the power and shall be required to: (a) Hold competitive examinations for all appointments in the classified service, restricted to persons reasonably qualified to perform the duties of the position. (b) Give wide 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 services. No person shall be placed on the classified payroll without having first been certified by the administrative assistant or his authorized agent as beign eligible therefor. (i) Develop and establish training and educational programs for persons in the municipal service.

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(j) Investigate periodically the operation and effect of the personnel provisions of this charter and the rules promulgated thereunder, and report annually his findings and recommendations to the personnel board and mayor and council. (k) Perform such other different lawful acts and functions in conjunction with the personnel board as he and the personnel board may deem necessary or desirable to enforce the purposes and provisions of this Section. Section 4.04. Personnel Board; Appointment, Removal . There shall be a personnel board consisting of five (5) members who shall be appointed by the mayor and council. The members of the personnel board shall annually elect one of their number as chairman and another as vice chairman. In the absence, disqualification or disability of the chairman, the vice chairman shall act as chairman. Members of the personnel board shall serve for a term of five (5) years, except that of the members first appointed, one shall be appointed to serve for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one for one (1) year. Vacancies in an unexpired term shall be filled by the mayor and council by appointment for the remainder of the term. A member of the board may be removed by the mayor and council only for cause and after being given a written statement of the charges against him and a public hearing thereon, if he so requests. A certified copy of the charges and a transcript of the record shall be filed with the administrative assistant. Section 4.05. Personnel Board; Qualifications . Each member of the personnel board shall be a freeholder in the city and qualified to vote in city elections, shall be known to be in sympathy with the merit principles as applied to the civil service, shall neither hold nor be a candidate for any elective political office of the City of 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

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the meeting. Three (3) members of the board shall constitute a quorum and three (3) affirmative votes shall be required for the transaction of any official business. Members of the board may be paid at a per diem rate established annually by the mayor and council. Section 4.07. Personnel Board; Powers and Duties . The board shall have power and shall be required to: (a) Advise the mayor and council and the administrative assistant on problems concerning personnel administration. (b) Advise and assist the administrative assistant in fostering the interest of institutions of learning, civic, professional and employee organizations in the improvement of personnel standards in the municipal service. (c) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report to the mayor and council its findings, conclusions and recommendations. (d) Hear appeals in case any officer or employee in the classified service is suspended, reduced or removed, and report in writing to the mayor and council its decision and said decision shall be final; provided, however, nothing herein shall preclude any of said employees so affected from appealing said decision to the Superior Court of Clayton County, Georgia, in the same manner as appeals from the 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

Page 3915

may modify them, and approve them as so modified. Rules and any amendments thereto which are approved by the board shall be transmitted to the administrative assistant for filing with the mayor and council together with whatever recommendations he may desire to make. Rules and amendments thereto shall become effective when approved by the mayor and council. Thereafter, the board shall have the power to amend, repeal or add to the rules on the recommendation of the administrative assistant or on its own initiative, subject to the requirements of a public hearing and all other subsequent steps of procedure required herein for the adoption of the original set of rules. (b) Rules adopted hereunder shall have the force and effect of law. They shall provide for the method of holding competitive examinations, the establishment, maintenance, consolidation and cancellation of eligible lists, administration of the classification plan, the pay plan, the application of service ratings, the hours of work, attendance regulation and leaves of absence for employees in the classified service, the order and manner in which 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;

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(4) Part-time and temporary employees; (b) The classified service shall comprise all positions not specifically included by this section in the unclassified service. Section 4.10. Classification . (a) The administrative assistant shall prepare an up-to-date record of the authority, duties and responsibilities of each position in the classified service. Within one (1) year after the appointment of the first administrative assistant under this section, the administrative assistant shall prepare and submit to the mayor and council a plan of classification and grading of all such positions according to similarity of authority, duties and responsibilities. Such plan shall take effect when adopted by the mayor and council. (b) Changes in the classification plan which the administrative assistant deems desirable may be recommended and adopted from time to time in the same manner as herein provided for the original adoption of the plan. (c) As promptly as practicable after the adoption of the classification plan, and after any amendment thereof, the administrative assistant shall, with the approval of the mayor and council, allocate each position in the classified service to the appropriate class therein on the basis of its authority, duties and responsibilities. Thereafter, as new positions are created or additional classes are established, or existing classes are divided, combined, altered or abolished, the administrative assistant shall make such allocations or reallocations of positions to new or existing classes as are necessitated thereby. (d) Following the adoption of the classification plan and the allocation to classes thereon of positions in the classified 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 whichh as not been approved by the

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administrative assistant as appropriate to the duties to be performed. (e) Employees affected by the allocation or reallocation of a position to a class, or by any changes in the classification plan, shall be afforded a reasonable opportunity to be heard thereon after filing with the administrative assistant a written request for a hearing. Section 4.11. Promotions . Vacancies in higher positions in the classified service of the city shall, as far as practicable, be filled by promotion from lower classes following competitive tests; provided, that in case the administrative assistant so directs, such positions shall be filled by competitive tests open not only to city officers and employees serving in lower classes, but also to persons not in the service of the city. A change from a position in any class to a position in another class for which a higher maximum rate of pay is prescribed shall be considered a promotion. The administrative assistant shall, to the extent he considers such actions desirable, indicate the principal or normal lines or 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

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the salary of a class below the minimum or raise it above the maximum salary established by the pay plan except by amendment of the pay plan. Section 4.13. Oaths . For the purpose of the administration of the personnel provisions of this charter, any member of the personnel board shall have the power to administer oaths. Section 4.14. Prohibitions . No persons in the classified service of the city or seeking admission thereto shall be appointed, promoted, reduced, removed or in no way favored or discriminated against because of his political or religious opinions and affiliations. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment held or made under the personnel provisions of this charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or of the rules and regulations made thereunder. No officer or employee in the classified service of the city shall continue in such position after becoming a candidate for nomination or election to any public office. No person seeking appointment to or promotion in the classified service of the city shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. No person shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the classified service of the city. No person holding a position in the classified service of the city shall make any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign 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

Page 3919

corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one thousand dollars ($1,000.00) or by imprisonment for a term of six (6) months or by both such fine and imprisonment. Any person who is convicted under this section shall, for a period of five (5) years, be ineligible for appointment to or employment in a position in the city service and shall, if he be an officer or employee of the city, immediately forfeit the office or position he holds. ARTICLE V FISCAL ADMINISTRATION Section 5.01. Fiscal Year . The fiscal year of the city government shall begin on the first day of July and shall end on the 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 expenditures during the preceding fiscal year; (b) appropriations and estimated revenue and expenditures for the current fiscal year; (c) estimated revenue and recommended expenditures for the next fiscal year; (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year

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and estimated assets, liabilities, reserves, and surplus at the end of the current fiscal year; and (e) such other information and data as may be considered necessary by the mayor and council. Section 5.03. Action by Mayor and Council on Budget . Before the beginning of the fiscal year, the mayor and council shall adopt an appropriate ordinance, based on the budget, with such modifications as the mayor and council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office and agency unless otherwise directed by the mayor and council. The mayor and council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, lives, safety or general welfare of the inhabitants of the city; provided the mayor and council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriations ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Section 5.04. Additional Appropriations . The mayor and council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any 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.

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(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 captal improvements budget shall lapse until the purpose 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 three-fourth'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.

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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 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, 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

Page 3923

on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for federal, State or county taxes. Section 5.12. 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 of 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

Page 3924

shall be accomplished by such qualification fee, if any, as may be required by ordinance, provided, however, such qualification fee shall not exceed one hundred dollars ($100.00). Section 6.03. Qualification of Electors . Any person meeting the qualifications of an elector of members of the General Assembly under State law who has been a bona fide resident of the City of 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 'oclock 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

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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. Section 6.08. Rules . The mayor and council is hereby authorized to enact by ordinance such additionals rules consistent with this charter and general laws as are deemed necessary for the conduct of elections. Section 6.09. Call for Elections . Any call for an election which is required to be made by the laws of this State shall be made by the mayor and council. Section 6.10. Absentee Ballots . The mayor and council may provide by ordinance for absentee ballots for any city election. ARTICLE VII RECORDER'S COURT Section 7.01. Creation . There is hereby established a court to be known as the Recorder's Court, City of 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 nonattendance, 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

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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, and shall be a resident of Clayton County. Compensation of the recorder shall be fixed by the mayor and council. (b) Before entering on duties of 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 ordinances 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

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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, 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 thirty (30) 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 operataion. 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

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mayor and council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia. ARTICLE VIII SEVERABILITY Section 8.01 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE IX REPEALER Section 9.01 . An Act creating and incorporating the 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

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in the Georgia Territory 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. Notice of Introduction of Local Legislation. 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 1976 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. T. A. Starr, Senator Virginia Shapard, Senator W. J. Lee, Representative Frank Bailey, Representative Rudolph Johnson, Representative Jim West, Representative Affidavit of Publication. 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: Jan. 13, 20 and 27, 1976. /s/ Jim Wood

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Sworn to and subscribed before me this 27th day of January, 1976. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved March 31, 1976. CHEROKEE COUNTY SUPERIOR COURT CLERK, ETC.PERSONNEL SALARY CHANGES. No. 1322 (House Bill No. 2023). An Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on the salary system in lieu of fees, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3124), an Act approved April 2, 1963, (Ga. L. 1963, p. 2710), an Act approved March 4, 1965 (Ga. L. 1965, p. 2138), an Act approved February 28, 1966 (Ga. L. 1966, p. 2596), an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), an Act approved April 17, 1969 (Ga. L. 1969, p. 2821) an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), an Act approved March 30, 1971 (Ga. L. 1971, p. 2352), an Act approved March 31, 1971 (Ga. L. 1971, p. 2791), an Act approved March 29, 1973 (Ga. L. 1973, p. 2381), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3642), so as to change the provisions relative to the employees of said officers; to provide for minimum and maximum salaries; to amend an Act amending said Act, approved March 29, 1973 (Ga. L. 1973, p. 2831), so as to delete certain salary provisions; to provide 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, Tax Commissioner and Judge of the Probate

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Court of Cherokee County on a salary system in lieu of fees, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3124), an Act approved April 2, 1963 (Ga. L. 1963, p. 2710), an Act approved March 4, 1965 (Ga. L. 1965, p. 2138), an Act approved February 28, 1966 (Ga. L. 1966, p. 2596), an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), an Act approved April 17, 1969 (Ga. L. 1969, p. 2821), an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), an Act approved March 30, 1971 (Ga. L. 1971, p. 2352), an Act approved March 31, 1971 (Ga. L. 1971, p. 2791), an Act approved March 29, 1973 (Ga. L. 1973, p. 2381), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3642), is hereby amended by striking in section 2(a), the following: The sheriff shall appoint four (4) deputies, one who shall be compensated in the amount of $6,300.00 per annum, one who shall be compensated in the amount of $5,800.00 per annum and two who shall be compensated in the amount of $5,400.00 each per annum, all to be paid in equal monthly installments from the funds of Cherokee County., so that when so amended, section 2(a) shall read as follows: (a) The Sheriff of Cherokee County shall be compensated in the amount of $14,500.00 per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff, provided that the sheriff shall still be entitled to receive seizure fees. Sheriff. Section 2 . Said Act is further amended by striking section 2(c) in its entirety, which reads as follows: (c) The sheriff shall be authorized to appoint one office clerk who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the following salary schedule: (1) For a new employee, the beginning salary shall not exceed $3,600.00 per annum. (2) For an employee with one year of satisfactory service, the salary shall not exceed $4,200.00 per annum.

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(3) For an employee with two years of satisfactory service, the salary shall not exceed $4,600.00 per annum. (4) For an employee with three years of satisfactory service, the salary shall not exceed $4,800.00 per annum. (5) For an employee with four years of satisfactory service, the salary shall not exceed $5,000.00 per annum. (6) For an employee with five years of satisfactory service, the salary shall not exceed $5,200.00 per annum. The sheriff shall also be authorized to employ one night jailer at a salary not to exceed $4,800.00 per annum, payable in equal monthly installments from the funds of Cherokee County. In addition to the night jailer provided for herein, the governing authority of Cherokee County may authorize the sheriff to employ another jailer and to fix his compensation at not to exceed $4,800.00 per annum payable in equal monthly installments from the funds of Cherokee County. Section 3 . Said Act is further amended by striking section 3(b) in its entirety, which reads as follows: (b) The clerk shall be authorized to employ two deputies and two clerical assistants who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the same salary schedule provided for the office clerk of the sheriff in subsection (c) of section 2 of this Act. Said deputies shall be bonded as provided by law. One of said clerical assistants may be employed on a full-time or part-time basis, at the discretion of the clerk. Section 4 . Said Act is further amended by striking section 4(b) in its entirety, which reads as follows: (b) The judge of the probate court shall be authorized to employ one deputy who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the same salary schedule provided for the office clerk of the sheriff in subsection (c) of section 2 of this Act. Section 5 . Said Act is further amended by striking section 5(b) in its entirety, which reads as follows:

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(b) The tax commissioner shall be authorized to employ four full-time assistants who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the same salary schedule provided for the office clerk of the sheriff in subsection (c) of section 2 of this Act. Section 6 . Said Act is further amended by striking section 6A in its entirety, which reads as follows: Section 6A. Subject to the approval of the governing authority of Cherokee County, the county officers provided for in this Act shall be authorized to employ part-time clerical assistants in addition to the clerical assistants otherwise provided for by this Act and such additional part-time assistants shall receive such compensation as may be authorized by said governing authority. The governing authority of Cherokee County shall also be authorized to provide such officers supplies, equipment and materials for each of said county officers as may be necessary for such officers to efficiently and effectively carry out the duties of their office., and substituting in lieu thereof a new section 6A, to read as follows: Section 6A. The governing authority of Cherokee County is hereby authorized to fix the number, salary, compensation and expenses of the deputies, clerks, assistants and other personnel employed by the Sheriff, the Clerk of the Superior Court, the Tax Commissioner and the Judge of the Probate Court of Cherokee County. The minimum salary for said employees shall be $4,200.00 per annum when employed full time. The maximum salary for said employees shall be $10,000.00 per annum when employed full time. The Governing authority of Cherokee County is hereby authorized to establish and maintain retirement or pension systems and insurance, workmen's compensation, and hospitalization benefits for said employees. However, it shall be within the sole power and authority of the sheriff, the judge of the probate court to employ, to prescribe the the clerk of the superior court, the tax commissioner and

Page 3934

duties and assignments, and to fire the employees of their respective offices. Personnel. Section 7 . An Act amending said Act approved March 29, 1973 (Ga. L. 1973, p. 2381), is hereby amended by striking section 6 in its entirety, which reads as follows: Section 6. Any other provisions of this Act to the contrary notwithstanding, the clerks of county officers provided for by this Act who were receiving an annual salary of $5,200.00 as of the effective date of this Act shall begin receiving an annual salary of $5,700.00 as of the effective date of this Act and thereafter the annual increases provided by quoted subsection (c) of section 2 of this Act shall apply to such clerks. Section 8 . This Act shall become effective July 1, 1976. Effective date. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to amend an act created by the Board of Commissioners of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177) and amended partially by an act approved March 21, 1974 (Ga. L. 1974, page 2534), so as to authorize the Board to hire, fix number, set salaries of county employees; to repeal conflicting laws; and for other purposes. This 30th day of January, 1976. Roger M. Johnson Representative, District 8, Post 3

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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: January 29, February 5, 12, 1976. /s/ Roger Johnson Representative, 8th District Sworn to and subscribed before me this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976. OCONEE COUNTY SCHOOL SUPERINTENDENTAPPOINTMENT PROVIDEDREFERENDUM. No. 1323 (House Bill No. 2024). An Act to provide for the appointment beginning January 1, 1977, of the Oconee County School Superintendent by the Board of Education of Oconee County; to provide the procedures connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . At the expiration of the term of office beginning January 1, 1977, and ending December 31, 1980, of the Oconee County School Superintendent, or in the event

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a vacancy shall occur in such office prior to the expiration of such term of office, the Board of Education of Oconee County shall appoint the Oconee County School Superintendent. Thereafter, the Oconee County School Superintendent shall serve at the pleasure of the Board of Education of Oconee County. Appointment. Section 2 . Not less than 1 nor more than 150 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 Oconee County to issue the call for an election for the purpose of submitting this Act to the electors of the Oconee County School District for approval or rejection. The superintendent shall set the date of such election for the day of the general election in November, 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 th official organ of Oconee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that at the expiration of the term of office beginning January 1, 1977, of the office of the Oconee County School Superintendent, the Board of Education of Oconee County shall appoint the County School Superintendent 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 Oconee 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.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia a Bill to provide that the Superintendent of Oconee County Schools be chosen and appointed by the Oconee County Board of Education, effective, January 1, 1981. By Robert H. Brown, Chairman Oconee County Board of Education Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark 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 Oconee Enterprise which is the official organ of Oconee County, on the following dates: February 5, 12, 19, 1976 /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me this 23rd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

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TOWN OF NUNEZCHARTER AMENDEDTERMS OF OFFICE CHANGED. No. 1324 (House Bill No. 2028). An Act to amend an Act incorporating the Town of Nunez in the County of Emanuel, approved August 6, 1903 (Ga. L. 1903, p. 638), so as to change the terms of office of the mayor and aldermen of said town from one year to two years; 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 Nunez in the County of Emanuel, approved August 6, 1903 (Ga. L. 1903, p. 638), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. On the second Wednesday in September and biennially thereafter, an election shall be conducted in the Town of Nunez for mayor and aldermen whose terms of office shall begin immediately upon their qualification. Said election shall be conducted in the same manner as election for State and county officers, and the certificates of the managers shall be sufficient authority of the officers elected to enter upon the discharge of their duties. Terms. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Emanuel County. Notice. Local Legislation will be introduced in the upcoming General Assembly for purposes of changing the Charter of the City of Nunez to allow city elections to be held every two (2) years rather than annually, and for other purposes. Randolph C. Karrh Representative, 106th District

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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 28, February 4, 11, 1976. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me this 20th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF CORNELIACHARTER AMENDEDRECORDER'S COURT PROVISIONS CHANGED. No. 1325 (House Bill No. 2029). An Act to amend an Act incorporating the Town of Cornelia, approved October 22, 1887 (Ga. L. 1886-87, p. 571), as amended, particularly by an Act approved December 29, 1890 (Ga. L. 1890-91, p. 663), as amended by an Act approved August 7, 1905 (Ga. L. 1905, p. 768), an Act approved August 16, 1912 (Ga. L. 1912, p. 793), and an Act approved August 20, 1927 (Ga. L. 1927, p. 981), so as to increase the maximum amount of punishment for violation of ordinances and contempt of court by increasing

Page 3940

the maximum amount of fine which may be imposed and by increasing the maximum number of days for which a person may be sentenced to serve in jail; to increase the amount of bond which may be required for appearance in the recorder's court; to provide for qualifications of and removal of the recorder; to clarify the rules applicaable to appeals from the Recorder's Court of the City of Cornelia; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the Town of Cornelia, approved October 22, 1887 (Ga. L. 1886-87, p. 571), as amended, particularly by an Act approved December 29, 1890 (Ga. L. 1890-91, p. 663), as amended by an Act approved August 7, 1905 (Ga. L. 1905, p. 768), an Act approved August 16, 1912 (Ga. L. 1912, p. 793), and an Act approved August 20, 1927 (Ga. L. 1927, p. 981), is hereby amended by striking in its entirety section 25 of the amendatory Act approved August 20, 1927 (Ga. L. 1927, p. 981), and inserting in lieu thereof five new sections which shall be designated as sections 25, 25A, 25B, 25C and 25D to read as follows: Section 25. The police court of said city shall hereafter be known and designated as the Recorder's Court of the City of Cornelia and shall have jurisdiction and authority to try offenses against the laws and ordinances of said city, and to punish for violations 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 proceedings 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

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court shall be presided over by a judge, who shall be designated as the recorder. In case of the disqualification, illness, absence from the city, or vacancy in office, of the recorder, the mayor or any one of the commissioners may act as recorder, and shall have all the power and authority of the recorder while acting as such. The secretary of the city commission shall be an ex officio clerk of said recorder's court, and shall perform all the duties and have all the authority therein and heretofore possessed by the clerk of said city. At least one session of the recorder's court shall be held each week. Additional sessions may be held when deemed necessary by the recorder or acting recorder. Section 25A. The recorder shall be of good moral character, and shall have been a citizen of said city for at least one year preceding his election. He must be at least twentyfive years of age at the time of his election. 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 authority 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 signed by one or more of the commissioners. The recorder must be furnished with a copy of such charges, and of the time when the 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 witnesses in his own defense; but the action of the commission in removing or in 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. The recorder shall receive such salary as the commission shall fix. Section 25B. In the trial of offenders, the recorder shall have power to issue subpoenas and compel the attendance of witnesses, and have all other necessary powers to enable him to hear and determine the cases before him. He shall have power to punish for contempt of court by a fine not

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exceeding $200.00, or by imprisonment not to exceed 20 days. Persons found guilty by the recorder of violating any ordinance of the city may be fined in any sum not to exceed $1,000.00, or may be imprisoned for any length of time not exceeding 180 days, or both fine and imprisonment may be imposed. Provided, upon failure or refusal to pay fines imposed for such violations, a person may be sentenced to work at hard labor on the streets of Cornelia for any length of time not to exceed 30 days. Section 25C. Any person who may be found guilty and sentenced by the recorder may enter an appeal from the judgment of said court to the commission, provided the appeal be entered within twenty-four hours, and provided all costs are first paid and bond with good security be given to abide the judgment of said commission. Such case shall then be tried by the commission de novo, the mayor having no vote in such appeal trials except in case of a tie, but it shall be his duty to preside, or in his absence the mayor pro tem. shall preside. Any person convicted on such appeal by the commission may have the right to certiorari to the Superior Court of Habersham County under the same rules and laws governing certiorari from justice courts of this State, provided that all costs are first paid and bond given in double the amount of the fine imposed with good security, which bond shall be approved by a member of the city commission, for the appearance of the defendant to answer the final judgment of the court; provided nothing in this section shall prevent the applicant for certiorari from filing the proper pauper affidavit in lieu of payment of costs or giving bond as now required by law. In case final judgment should be rendered in favor of the defendant, the said City of Cornelia shall refund the defendant any sum he may have paid as a fine under such sentence. Any defendant who may desire to sue out a certiorari shall be entitled to a supersedeas upon the conditions as now or hereafter provided by law.

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Section 25D. Whenever a person is arrested by the Chief of Police of the City of Cornelia or by any other person or officer acting for said city, such person so arrested may give bond with good security, conditioned for the faithful appearance of such person to answer such charges as are made or may be made before the recorder's court, for such sum not exceeding $1,000.00 as may be fixed by the arresting officer, and such bond shall be made payable to the City Commissioner of the City of Cornelia, which may be forfeited on the nonappearance of the defendant in the same manner in the recorder's court as penal bonds are forfeited in the superior courts of this State, except that no motion or appearance by a prosecuting attorney shall be required, the recorder being authorized to forfeit bonds on his own motion. The recorder is hereby empowered to issue scire facias returnable before him not less than ten (10) nor more than twenty (20) days when any defendant shall fail to appear in terms of his bond, which said scire facias shall be directed to and served by the chief of police or other police officer of said city. Upon the return thereof, the recorder shall be empowered to enter up judgment against such principal and security upon such bond, if the principal is not produced within said time in terms of said bond, as judgments or forfeitures are entered in the superior courts of this State. Upon such judgment said recorder shall issue an execution which shall be enforced as other executions in favor of said city. It shall be competent for the arresting officer to accept cash in lieu of security on such bond, and upon forfeiture of said bond and judgment upon said forfeiture, said bond may be applied to the discharge of said judgment. 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 . The following sections and provisions of laws relative to the City of Cornelia are hereby repealed in their entirety:

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(a) Sections VI and X of an Act approved December 29, 1890 (Ga. L. 1890-91, p. 663); (b) Sections 9 and 20 of an Act approved August 7, 1905 (Ga. L. 1905, p. 768); and (c) Section 2 of an Act approved August 16, 1912 (Ga. L. 1912, p. 793). 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 1976 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Cornelia, Georgia, so as to increase the maximum amount of punishment for violation of ordinances and contempt of court by increasing the maximum amount of fine which may be imposed and by increasing the maximum number of days for which a person may be sentenced to serve in jail; to increase the amount of bond which may be required for appearance in the Recorders' Court, to provide for qualification of and removal of the Recorder; to clarify the rules applicable to appeal from the Recorders' Court of the City of Cornelia; to provide an effective date; to repeal conflicting laws; and for other purposes. This 2nd day of February, 1976. /s/ D. Stephens Baxter Mayor, City of Cornelia, Georgia Georgia, Habersham County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amilee C. Graves, who, on oath, deposes and says that she is Publisher of the Tri-County Advertiser, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

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in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: February 5, 12 and 19, 1976. /s/ Amilee C. Graves Publisher, Tri-County Advertiser Sworn to and subscribed before me, this 19th day of February, 1976. /s/ Michael H. Crawford Notary Public. My Commission expires July 2, 1979. (Seal). Approved March 31, 1976. LUMPKIN COUNTY BOARD OF EDUCATIONAPPOINTMENT OF SCHOOL SUPERINTENDENT PROVIDED, ETC.REFERENDUM. No. 1326 (House Bill No. 2033). An Act to provide for the election of the members of the Board of Education of Lumpkin County; to provide for the appointment of the county school superintendent of Lumpkin County by the Board of Education of Lumpkin County; 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: Section 1 . The Board of Education of Lumpkin County shall be composed of five citizens of said County elected by the voters of said County as hereinafter provided. Section 2 . (a) For the purpose of electing the members of said Board of Education, Lumpkin County shall be

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divided into five Education Districts to be composed of that territory of Lumpkin County embraced within the Militia Districts thereof as follows: Districts. Education District 1: Militia District 831 (Martin's Ford), Militia District 838 (Shoal Creek), Militia District 999 (Crumby) and Militia District 1051 (Wahoo). Education District 2: Militia District 900 (Yahoola), Militia District 1116 (Chestatee), Militia District 1244 (Frog Town) and Militia District 1551 (Porter Springs). Education District 3: Militia District 837 (Dahlonega). Education District 4: Militia District 821 (Auraria), Militia District 935 (Davis) and Militia District 1352 (Mill Creek). Education District 5: Militia District 840 (Nimble Will), Militia District 1252 (Hightower), Militia District 1296 (Cane Creek) and Militia District 1415 (Jones Creek). (b) A member of the Board of Education shall be a resident of his respective Education District during his term of office, and a candidate for membership on said Board shall have been a resident of the Education District for which he offers for election at least one year prior to the date of his election. Each person offering for election as a member of said Board shall specify the Education District for which he is offering. All members of the Board shall be elected by a majority vote of the qualified voters

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of the entire County of Lumpkin voting at the elections provided for by section 3 of this Act. All members of said Board shall be nominated and elected in accordance with the provisions of Georgia Code Title 34 known as the Georgia Election Code, as now or hereafter amended. Section 3 . (a) The first members of the Board from Education Districts 1 and 2 shall be elected at the general election of 1976 and shall take office on the first day of January, 1977, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the 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. The first member elected from Education District 1, as provided herein, shall be the successor to the incumbent member of the heretofore existing Board of Education of Lumpkin County. Mr. Travis H. White, or his successor, and the term of office of such incumbent member shall expire on December 31, 1976. The first member elected from Education District 2, as provided herein, shall be the successor to the incumbent member of the heretofore existing Board of Education of Lumpkin County, Mr. Marvin Anderson, or his successor, and the term of office of such member shall expire on December 31, 1976. Terms. (b) For the period beginning on January 1, 1977, and ending on December 31, 1978, the Board of Education of Lumpkin County shall consist of the two members from Education Districts 1 and 2 elected as provided by subsection (a) of this section and the three other members of the heretofore existing Board of Education of Lumpkin County, Mrs. Gertrude Avery, Mr. C. N. Freeland and Mr. Phillip D. Folger, or their successors, and the terms of office of such three members of such heretofore existing Board shall expire on December 31, 1978. (c) The first members of the Board from Education Districts 3, 4 and 5 shall be elected at the general election of 1978, and shall take office on the first day of January, 1979,

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for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the 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 . Vacancies which occur on the Board by death, resignation, removal from the Education District or for any other reason shall be filled by the remaining members of the Board electing a successor to serve until a successor is elected at the next general election to serve for the unexpired term or for a full term, as the case may be. Any person elected by the Board or at the general election to fill a vacancy shall be a resident of the Education District in which the vacancy occurred. Vacancies. Section 5 . The Board of Education of Lumpkin County provided for by this Act shall be subject to all constitutional and statutory provisions of this State relative to county boards of education and the members thereof, except as otherwise provided by this Act. Section 6 . The county school superintendent of Lumpkin County shall be appointed by the Board of Education of Lumpkin County, and he shall serve at the pleasure of said Board. The county school superintendent whose term of office expires on December 31, 1976, shall continue to serve for the term to which he was elected. His successors shall be appointed by the Board in accordance with the provisions of this section. All constitutional and statutory provisions of this State relative to county school superintendents shall be applicable to the county school superintendent provided for herein, except as otherwise provided herein. Appointment. Section 7 . 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 Lumpkin County to issue the call for an election for the purpose of submitting this Act to the electors of the Lumpkin County School

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District for approval or rejection. The superintendent shall set the date of such election for May 4, 1976. 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 Lumpkin County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of the members of the Board of Education of Lumpkin County and providing for the appointment of the county school superintendent by the 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 Lumpkin 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 1976 Session of the General Assembly of Georgia, a bill to provide for the election of the members of the Board of Education of Lumpkin County; to provide for the appointment of the Lumpkin County School Superintendent by said Board of Education; to provide for matters relative to the foregoing; to provide for a referendum; and for other purposes. This 12th day of January, 1976.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County, on the following dates: January 23, 30 and February 6, 1976. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me this 23rd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976. MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITYEMINENT DOMAIN PROCEDURE CHANGED. No. 1327 (House Bill No. 2035). An Act to amend an Act creating the Macon-Bibb County Urban Development Authority, approved March 22, 1974 (Ga. L. 1974, p. 3093), so as to change the procedure by which said Authority is authorized to exercise the power of eminent domain by prohibiting the Authority from acquiring or damaging property through the exercise of the right of eminent domain unless the Authority is granted prior written approval for such action by the governing authorities of the city and county for property

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located in the county within the corporate limits of 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; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Macon-Bibb County Urban Development Authority, approved March 22, 1974 (Ga. L. 1974, p. 3093), is hereby amended by striking the last proviso of subsection (j) of section 5 in its entirety and by substituting in lieu thereof a new proviso which shall read as follows: provided further that the Authority shall not acquire or damage 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 and the county for property located in the county within the corporate limits of 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., so that subsection (j) of section 5 of said Act, as amended, shall read as follows: (j) To acquire or damage property through the exercise of the right of eminent domain for public purposes; and to acquire by purchase, gift or lease any property owned by the city or county which has been acquired or damaged through the exercise of the right of eminent domain by the City or county; provided that said Authority shall acquire such properties or damages 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 payment of just and fair compensation as required by the Constitution and laws of this State; provided further that the Authority shall not acquire or damage property through the exercise of the right of eminent domain unless the Authority is

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granted prior written approval for such actions by the governing authorities of the city and the county for property located in the county within the corporate limits of 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. Eminent domain. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Bibb County. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia during the session of said General Assembly commencing in January, 1976 for the passage of an Act to amend the Act of the General Assembly approved March 22, 1974 (Ga. L. 1974, p. 3093 et seq.) creating the Macon-Bibb County Urban Development Authority, so as to broaden the specified purposes of the Authority and change certain provisions relative to the exercise by the Authority of the right of eminent domain; and for other purposes. Any matter germane to the general subject matter set forth hereinabove may be included in such proposed Act and legislation or amended thereto. This notice is given in compliance with Article III, Section VII, Paragraph XV (Georgia Code Annotated, Section 2-1915 of the Constitution of Georgia of 1945. This 21st day of January, 1976. H. M. Ponder, Chairman Macon-Bibb County Urban Development Authority

Page 3953

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 in the Macon News which is the official organ of Bibb County, on the following dates: January 23, 30 and February 6, 1976. /s/ Frank Pinkston Representative, 100th District Sworn to and subscribed before me this 23rd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF WARNER ROBINSCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1328 (House Bill No. 2041). An Act to amend an Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, is hereby amended by striking in its entirety

Page 3954

section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The corporate limits of said municipality shall embrace the following described territory: BEGINNING at a point where the northerly right-of-way of Bargain Road is extended easterly to intersect with the westerly right-of-way of Georgia Highway No. 247; thence in a southerly direction along the westerly right-of-way of said highway to where said right-of-way intersects with the southerly line of Land Lot 241 of the Fifth Land District; thence in a westerly direction along the southerly line of Land Lots 241 and 223 to a point where the southerly line of Land Lot 223 intersects with the northerly extension of the east line of Lot 55 of Lyn Mar Park Subdivision; thence in a southerly direction crossing Crestview Drive and continuing along the easterly line of said lot to the southeast corner of said lot; thence in a westerly direction along the southerly line of said lot to the southwest corner of said lot; thence in a northerly direction along the westerly line of said lot to the southerly right-of-way of Crestview Drive; thence along the southerly right-of-way of Crestview Drive to the easterly line of Lot 58 of Lyn Mar Park Subdivision; thence in a southerly direction along the easterly line of said lot to the southeast corner of said lot; thence in a westerly direction along the southerly line of Lots 58, 59, 60, 61, 62 and 63 of said subdivision to the southwest corner of said lot 63; thence in a northerly direction along the westerly line of said lot to the southerly right-of-way of Crestview Drive and continuing in a northerly direction along the northerly extension of said lot line to the southerly line of Land Lot 223; thence in a westerly direction along the southerly line of Land Lots 223, 220 and 197 to a point where the southerly line of Land Lot 197 intersects with the northeasterly right-of-way of Booth Road; thence in a southeasterly and then easterly direction along the northeasterly and northerly right-of-way of said road to the westerly right-of-way of Georgia Highway No. 247; thence in a southerly direction along the westerly right-of-way of said Highway crossing Sandy Run Creek to a point where the southerly property line of the City of Warner Robins property

Page 3955

intersects therewith; thence in a westerly direction along the southerly line of said property to a point where the easterly line of Land Lot 18 of the 11th Land District intersects therewith; thence in a northerly direction along the easterly line of Land Lots 18 and 17 of said district to the run of Sandy Run Creek; thence in a generally westerly direction along the run of said Creek to the westerly right-of-way of the Southern Railroad (formerly G.S.F. Railroad); thence along the westerly right-of-way of said railroad to the southerly right-of-way of Booth Road; thence in a westerly and then northwesterly direction along the southerly and southwesterly right-of-way of said road to the southerly line of Land Lot 197; thence in a westerly direction along the southerly line of said Land Lot 197 to the easterly right-of-way of Moody Road (formerly Fagan Mill Road); thence in a southerly direction along the easterly right-of-way of said Road to the northwesterly corner of Lot 10 of Perdue Subdivision; thence in an easterly direction along the northerly line of Lot 10 of said subdivision to the northeasterly corner of said lot; thence in a southerly direction along the easterly lines of Lots 10 and 11 of said subdivision to the southeasterly corner of Lot 11 of said subdivision, said point also being the northeast corner of Land Lot 256 of the Tenth Land District; thence in a southerly direction along the easterly line of said Land Lot 256 to the southerly right-of-way of Sandy Run Road; thence in a westerly direction along the southerly right-of-way of said road to a point where easterly right-of-way of Moody Road intersects therewith; thence in a southerly direction along the easterly right-of-way of said road to a point where the southerly right-of-way of Feagin (Fagan) Mill Road extended in an easterly direction intersects therewith; thence in a westerly direction along the southerly right-of-way of Feagin (Fagan) Mill Road to a point 400 ft. westerly of the westerly right-of-way of Bonanza Drive; thence S 01 05' 31[UNK] E for 1705.33 ft. to a point; thence S 01 01'32[UNK] E for 406.3 ft. to a point; thence S 35 53' 20[UNK] W for 1065.00 ft. to a point; thence N 54 06' 40[UNK] W for 1306.90 ft. to a point; thence N 3 12' 30[UNK] W for 2135.30 ft. to a point on the southerly right-of-way of Feagin (Fagan) Mill Road; thence N 3 12' 30[UNK] W crossing said road to a point on the northerly

Page 3956

right-of-way of said road; thence in an easterly direction along the northerly right-of-way of said road to a point where the southwesterly line of Georgia Power Co. property in Land Lot 226 of the Tenth District intersects therewith; thence in a northwesterly direction along the southwesterly line of said Georgia Power Co. property to a point on the easterly line of Land Lot 193 of the Tenth Land District; thence in a southerly direction along the easterly line of said land lot to the run of Sandy Run Creek; thence in a generally westerly direction along the run of said creek to a point where the run of Howard Branch intersects therewith; thence in a generally northwesterly direction along the run of said branch to a point where the southerly line of Land Lot 144 of the Fifth Land District intersects therewith; thence in a easterly direction along the southerly line of said Land Lot 144 to the southeast corner of said Land Lot 144; thence in a northerly direction along the easterly line of said Land Lot 144 to a point on the southerly right-of-way of Watson Road; thence in a westerly and then northwesterly direction along the southerly and then southwesterly right-of-way of said road to a point where the easterly line of the Southside Church of God property intersects therewith; thence S 0 07' 30 W for 361.48 ft. to a point; thence N 35 26' 30 W for 609.23 ft. to a point; thence N 54 33' 30 E for 210 ft. to a point on the southwesterly right-of-way of Watson Road; thence N 35 26' 30 W along the right-of-way of said road for 404.4 ft. to a point; thence S 54 33' 30 W for 165 ft. to a point; thence N 35 26' 30 W for 40 ft. to a point; thence N 26 29' E for 85 ft. to a point; thence N 54 33' 30 E for 80 ft. to a point on the southwesterly right-of-way of Watson Road; thence N 35 26' 30 W along the right-of-way said road to a point where the southerly right-of-way of Corder Road intersects therewith; thence S 89 58' 30 W along the southerly right-of-way of said road for 1149.99 ft. to a point; thence S 0 44' 16 W for 1037.93 ft. to a point; thence N 89 58' 30 E for 1183.07 ft. to a point; thence S 0 12' 18 W for 116.46 ft. to a point; thence S 0 04' 08 W for 1612.57 ft. to a point; thence N 89 42' W for 19.55 ft. to a point; thence S 89 47' 53 W for 1313.85 ft. to a point; thence N 0 44' 16 E for 2771.23 ft. to a point on the southerly right-of-way of Corder Rd.; thence in a westerly direction along the southerly right-of-

Page 3957

way of Corder Road to the northeast corner of Lot 4, Block `B' of the Westwood Subdivision; thence in a southerly direction to the southeast corner of Lot 4, Block `G' of said subdivision; thence in a westerly direction to the southwest corner of Lot 1, Block `G' of said subdivision, being a point on the northeasterly right-of-way of Houston Lake Blvd.; thence in a northwesterly direction along said right-of-way to a point on the westerly line of Land Lot 142 of the 5th Land District; thence in a northerly direction along the westerly line of said Land Lot 142 to the southerly right-of-way of Corder Road; thence continuing in a northerly direction across said road to the northerly right-of-way of said road; thence in an easterly direction along the northerly right-of-way of said road to a point of intersection where said road runs in a northerly direction; thence in a generally northerly direction along the westerly right-of-way of Corder Road to a point 133.05 feet southerly of the intersection of a line running 350 feet westerly and parallel to the easterly line of Land Lot 147 of said district which intersects with said right-of-way; thence N 8 23' 30 E for 199.89 ft. to a point; thence N 86 23' 50 W for 45.75 ft. to a point; thence S 58 57' W for 1711.14 ft. to a point; thence S 81 15' 05 W for 1095.78 ft. to a point; thence S 0 55' W for 215.3 ft. to a point; thence S 89 33' W crossing Nelson Drive for 1045.81 ft. to a point; thence S 67 27' 40 W for 269.52 ft. to a point; thence N 85 34' 40 W for 195.76 ft. to a point; thence S 85 27' 30 W for 216.63 ft. to a point; thence N 57 18' 20 W for 336.09 ft. to a point; thence N 80 13' W for 177.58 ft. to a point; thence N 42 59'30 W for 163.19 ft. to a point; thence N 53 13' W for 264.70 ft. to a point; thence N 80 25' W for 287.99 ft. to a point; thence N 89 30' 20 W for 129.32 ft. to a point; thence N 89 27' 50 W for 290.86 ft. to a point at the easterly end of Amanda Place; thence S 0 32' 10 W for 17.5 ft. to a point being on the easterly extension of the southerly right-of-way of Amanda Place; thence N 89 27' 50 W along the southerly right-of-way of said street for 642.58 ft. to a point; thence N 0 32' 10 E for 50 ft. to a point on the northerly right-of-way of said street; thence S 89 27' 50 E along the right-of-way of said street for 112.23 ft. to a point; thence N 34 42' 40 W for 189.10 ft. to a point; thence N 0 26' 30 E for 95.57 ft. to a point on the southerly line of Security Services, Inc.

Page 3958

property; thence in a westerly direction along the southerly line of said property to a point on the easterly right-of-way of Houston Lake Boulevard; thence in a generally northerly direction along the easterly right-of-way of said boulevard to a point where the southerly right-of-way of Watson Boulevard intersects therewith; thence in an easterly direction along the southerly right-of-way of Watson Boulevard to the northeast corner of Security Services, Inc. property; thence in a southerly direction along the easterly line of said property to the southeast corner of said property; thence in a westerly direction along the southerly line of said property for 915.49 ft. to a point; thence S 0 26' 30 W for 90.79 ft. to a point; thence S 34 42' 40 E for 189.35 ft. to a point on the northerly right-of-way of Amanda Place; thence in an easterly direction along the northerly right-of-way of said street for 515.2 feet to a point at the end of said street; thence S 0 32' 10 W for 17.5 ft. to a point; thence S 89 27' 50 E for 290.86 ft. to a point; thence S 89 30' 20 E for 130.46 ft. to a point; thence S 80 25' E for 392.86 ft. to a point; thence S 53 13' E for 269.67 ft. to a point; thence S 42 59' 30 E for 159.48 ft. to a point; thence S 80 13' E for 175.58 ft. to a point; thence S 57 18' 20 E for 334.07 ft. to a point; thence N 85 27' 30 E for 212.76 ft. to a point; thence S 85 34' 40 E for 193.34 ft. to a point; thence N 67 27' 40 E for 308.74 ft. to a point; thence N 89 33' E for 997.48 ft. to a point on the easterly right-of-way of Nelson Drive; thence N 0 55' E along the easterly right-of-way of Nelson Drive for 198.31 ft. to a point; thence N 81 15' 05 E for 1105.48 ft. to a point; thence N 58 57' E for 1712.86 ft. to a point; thence S 86 23' 50 E for 51.69 ft. to a point; thence N 8 23' 30 E for 93.86 ft. to a point; thence South 89 degrees 59 minutes West for 605.53 feet to a point; thence North 0 degrees 01 minutes West for 450 feet to a point; thence North 89 degrees 59 minutes East for 632.49 feet to a point being 350 feet westerly of the easterly line of said Land Lot 147; thence in a northerly direction parallel and 350 feet westerly of the easterly lines of Land Lots 147, 148 and 149 of 5th Land District to the southerly right-of-way of Centerville-Elberta Road; thence in a westerly direction along the southerly

Page 3959

right-of-way of said road to a point where the southerly extension of the westerly right-of-way of Bateman Road intersects therewith; thence in a northerly direction along the westerly right-of-way of Bateman Road to a point 1411.29 feet southerly of the intersection of the westerly right-of-way of Bateman Road with the southerly right-of-way of Dunbar Road; thence South 89 degrees 41 minutes 30 seconds West for 1309.40 feet to a point; thence South 89 degrees 16 minutes 30 seconds West for 706.91 feet to a point; thence South 89 degrees 36 minutes 30 seconds West for 974.66 feet to a point; thence North 0 degrees 47 minutes 40 seconds East for 869.59 feet to a point; thence South 89 degrees 59 minutes East for 765 feet to a point; thence North 3 degrees 01 minute East for 555.65 feet to a point on the southerly right-of-way of Dunbar Road; thence in an easterly direction along the southerly right-of-way of Dunbar Road for 2286.35 feet to the intersection of the easterly right-of-way of Bateman Road and the southerly right-of-way of Dunbar Road; thence in a southerly direction along the easterly right-of-way of Bateman Road to a point 754.09 feet northerly of the northerly line of Land Lot 150 of 5th Land District; thence South 88 degrees 50 minutes East for 743.2 feet to a point; thence South 88 degrees 42 minutes 56 seconds East for 1479.1 feet to a point; thence South 88 degrees 57 minutes 30 seconds East for 655.85 feet to a point on the westerly line of Land Lot 162 of Fifth Land District; thence in a southerly direction along the westerly line of said Land Lot 162 to the Northwest corner of Land Lot 163; thence along the northerly line of said Land Lot 163 to the westerly right-of-way of North Houston Road; thence in a northerly direction along the westerly right-of-way of said road to the southerly right-of-way of Dunbar Road; thence in an easterly direction along the southerly right-of-way of said Dunbar Road for 100 feet to a point; thence in a southerly direction along the easterly right-of-way of North Houston Road to the southerly line of Land Lot 176; thence in an easterly direction along the southerly line of said Land Lot 176 for 1470 feet to a point; thence North 0 degrees 53 minutes 30 seconds East for 430 feet to a point; thence South 89 degrees 49 minutes East for 387.3 feet to a point; thence North 25 degrees 37 minutes 30 seconds East for 355.95 feet to a

Page 3960

point; thence North 64 degrees 22 minutes 30 seconds West for 210 feet to a point; thence North 25 degrees 37 minutes 30 seconds East for 702.3 feet to a point on the southerly right-of-way of Greenbriar Road; thence in a westerly direction along the southerly right-of-way of Greenbriar Road to the Northeast corner of Lot 1, Block `E' Greenbriar Subdivision; thence South 13 degrees 58 minutes 30 seconds West for 72.75 feet to a point; thence South 68 degrees 15 minutes West for 137.2 feet to a point; thence North 55 degrees 05 minutes West for 190.05 feet to a point; thence North 89 degrees 44 minutes West for 527.65 feet to a point; thence North 55 degrees 05 minutes West for 451.98 feet to a point; thence North 0 degrees 59 minutes East for 368.48 feet to a point; thence North 34 degrees 55 minutes East for 144.28 feet to a point on the southwesterly right-of-way of Greenbriar Road; thence North 55 degrees 05 minutes West along said right-of-way for 134.45 feet to a point; thence North 34 degrees 55 minutes East for 190 feet to a point; thence N 0 19' 30 E for 821.92 feet to a point; thence S 89 40' 30 E for 330 feet to a point; thence S 0 19' 30 W for 270 feet to a point; thence South 89 degrees 40 minutes 30 seconds East for 330 feet to a point; thence South 0 degrees 19 minutes 30 seconds West for 14.59 feet to a point; thence South 89 degrees 37 minutes East for 580 feet to a point; thence South 0 degrees 19 minutes 30 seconds West for 1442.35 feet to a point on the northerly right-of-way of Greenbriar Road; thence South 89 degrees 44 minutes East along the northerly right-of-way of Greenbriar Road to the northwesterly right-of-way of Elberta Road; thence in a generally northeasterly direction along the northwesterly right-of-way of said road to a point where the easterly line of Land Lot 187 intersects therewith; thence in a southerly direction along the easterly line of said Land Lot 187 and crossing Elberta Road to the southeast corner of said Land Lot 187; thence in an easterly direction along the northerly line of Land Lot 203 to the westerly right-of-way of North Davis Drive; thence continuing along an easterly extension of said line crossing said road to a point on the easterly side of said road; thence in a southerly direction along the easterly right-of-way of said road to a point where the northerly right-of-way of Bargain Road intersects therewith; thence in an easterly

Page 3961

direction along the northerly right-of-way of Bargain Road to a point where the easterly extension of said right-of-way intersects the westerly right-of-way of Georgia Highway No. 247, said point being the point of beginning. Excepted from the aforesaid described property is all that tract or parcel of land being in Land Lot 169, 170 and 195 of the Fifth Land District as follows: Beginning at a point being the intersection of the westerly right-of-way of Moody Road and the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right of way of Watson Road to a point 410 feet easterly of the westerly line of Land Lot 195 of the Fifth Land District; thence S 0 24' W for 622.29 ft. to a point; thence N 89 41' 30 W for 350 ft. to a point; thence N 0 24' E for 622.29 ft. to a point on the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right-of-way of Watson Road to a point where the southerly right-of-way of Watson Road intersects with the westerly right-of-way of Burns Drive; thence in a southerly direction along the westerly right-of-way of Burns Drive to the southeast corner of Lot 3, Block `C', Section No. 3, Sonja Heights Subdivision; thence in a westerly and thence southerly direction along the rear lines of Lots 3, 2, 26, 25, 24, 23, 22, 21, 20, 19, 18 and 17, Block `C' of said subdivision to a point on rear line of said Lot 17 and being 40 feet southerly of rear adjoining corners of said Lots 17 and 18; thence in a southerly direction along the southerly extension of rear lines of said Lots 17 and 18 to the southerly right-of-way of Rusty Road; thence in a westerly, then generally northwesterly and then northerly direction along the southerly, southwesterly, and westerly right-of-way of Rusty Road to the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right-of-way of said road for a distance of 350 feet to a point; thence in a southerly direction to the rear corner of Lots 17 and 18, Block `A', of Section No. 2, Sonja Heights Subdivision; thence in an easterly direction along the rear lot lines of Lots 17, 16 and 15 of said Block to a point 40.19 feet easterly of the rear corner of Lots 15 and 16 of said Block; thence in a southeasterly and then southerly direction of the northeasterly and easterly line of Lot 15 of said Block to the southeast

Page 3962

corner of Lot 15 of said Block; thence continuing in a southerly direction across Cheryl Blvd. to a point on the southerly right-of-way of Cheryl Blvd.; thence in an easterly direction along the southerly right-of-way of Cheryl Blvd. to the northwest corner of Lot 1, Block `F' of Section No. 1, Sonja Heights Subdivision; thence in a southerly direction along the westerly line of Lot 1 of said Block `F' for 109.67 feet to a point; thence in a generally southerly direction along the rear lines of Lots 2 thru 16 of said Block `F' to the rear corner of Lots 16 and 31 of said Block `F'; thence continuing along the rear lines of Lots 31, 32 and 42 of said Block `F' to the rear corner of Lots 42 and 43 of said Block `F'; thence in a southerly direction along the westerly side line of Lot 43 of said Block `F' for 120 feet to the right-of-way of Randy Circle; thence in a southerly direction crossing Randy Circle to the southerly right-of-way of said street to the front corner of Lots 43 and 44, Block `G' of said subdivision; thence in a southerly direction along the westerly line of Lot 44 of said Block for 146.47 feet to a point common to Lots 43, 44 and 45 of said Block; thence in a westerly direction along the line between Lots 43 and 45 of said Block to the rear corner of Lots 43 and 45; thence in a southerly direction along the rear lines of Lots 45, 46, 47, 48, 49, 50 and 51, of said block to the southwest corner of Lot 51 of said block; thence continuing in a southerly direction along the extension of the rear lines of Lots 50 and 51 of said block to a point on the southerly line of Land Lot 169 of the 5th Land District; thence in an easterly direction along the southerly line of Land Lots 169, 170 and 195 of the Fifth Land District to the westerly right-of-way of Moody Road; thence in a northerly direction along the westerly right-of-way of said road to the southeasterly corner of the Seventh Day Adventist Church property; thence in a westerly direction along the southerly line of said property to the southwest corner of said property; thence N 0 32' E for 590.91 feet to a point; thence S 89 35' 30 E for 700.2 ft. to a point on the westerly right-of-way of Moody Road; thence in a northerly direction along said right-of-way to point of beginning. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3963

Notice of Intent to Introduce Legislation. Notice is hereby given that legislation is intended to be introduced in the 1976 Session of the General Assembly of Georgia that would remove certain properties from the City of Warner Robins and for other purposes. This 3rd day of February, 1976. Roy H. Watson, Jr. Representative, 114th District 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 legislation relative to the City of Warner Robins, Ga. was published in The Houston Home Journal on the following dates: February 5, 12, 19, 1976. This 20th day of February, 1976. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me, this 20th day of February, 1976. /s/ Janice E. Colwell Notary Public, Houston County My Commission Expires March 7, 1976. Approved March 31, 1976.

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CERTAIN COUNTIESSHERIFF'S PERSONNELSALARIES CHANGED. No. 1329 (House Bill No. 2046). 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 April 24, 1975 (Ga. L. 1975, p. 4555), 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: 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 April 24, 1975 (Ga. L. 1975, p. 4544), is hereby amended by striking from subsection (b) of section 3 the following: Sheriff of Richmond County $1,791.67 per month 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 26 Criminal Investigators 747.09 to 801.25 per month 1 Chief Jailer 1,055.38 per month 68 Patrol Deputies (to include 36 patrol privates 32 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 27 Assistant Jailers-Turnkeys (to include 9 privates, 4 desk sergeants, 1 mess sergeant, 5 corporals, 4 ID corporals, and 4 matrons) 450.54 to 671.51 per month 18 Records Communications Deputies (to include 4 sergeants, 4 corporals 10 privates) 461.77 to 671.51 per month 3 Mechanic Helpers 589.78 per month., and substituting in lieu thereof the following: 1 Chief Deputy $1,117.87 per month 1 Major 1,020.28 per month 1 Chief Criminal Investigator 900.52 per month 2 Captains 900.52 per month 1 ID Fingerprint Expert 841.25 per month 1 Chief Civil Deputy 900.52 per month 4 Civil Deputies 841.25 per month 6 Lieutenants 841.25 per month 26 Criminal Investigators 787.09 to 841.25 per month 1 Chief Jailer 1,099.38 per month 68 Patrol Deputies (to include 36 patrol privates 32 patrol corporals) 607.60 to 772.09 per month 4 Sergeants 787.09 per month 2 Bookkeepers (1 jail, 1 office) 762.22 to 840.00 per month 1 Secretary 762.22 to 840.00 per month 4 Office Clerks 501.77 to 640.70 per month 1 Assistant Bookkeeper 652.22 per month 27 Assistant Jailers-Turnkeys (to include 9 privates, 4 desk sergeants, 1 mess sergeant, 5 corporals, 4 ID corporals, and 4 matrons) 490.54 to 711.51 per month 18 Records Communications Deputies (to include 4 sergeants, 4 corporals, 10 privates) 501.77 to 711.51 per month 3 Mechanic Helpers 629.78 per month. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. GLYNN COUNTY SHERIFF'S OFFICEPERSONNEL PROVISIONS CHANGED. No. 1330 (House Bill No. 2049). 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

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April 17, 1975 (Ga. L. 1975, p. 3726), so as to change the number of employees within the sheriff's office; to make the chief jailer a deputy; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3726), is hereby amended by striking in section 2, the following: 6 additional deputies, and substituting in lieu thereof, the following: 7 additional deputies, by striking the following: 1 chief jailer and 7 additional jailers, and substituting in lieu thereof, the following: 1 chief jailer who shall also be a deputy 9 additional jailers, and by striking the following: 2 matrons, and substituting in lieu thereof, the following: 4 matrons, so that when so amended, section 2 shall read as follows: Section 2. The sheriff shall be authorized to appoint the following deputies and other personnel to assist him:

Page 3968

1 chief deputy 1 1st senior deputy 1 2nd senior deputy 7 additional deputies 1 office deputy 1 clerk-typist 1 chief jailer who shall also be a deputy 9 additional jailers 4 matrons 1 cook 2 custodians. Personnel. Section 2 . Said Act is further amended by striking in section 2A, the following: 5 deputies, and substituting in lieu thereof, the following: 6 deputies, by striking the following: 7 additional jailers, and substituting in lieu thereof, the following: 9 additional jailers, and by striking the following: 2 matrons, and substituting in lieu thereof, the following: 4 matrons,

Page 3969

so that when so amended, section 2A shall read as follows: Section 2A. The base salary of the sheriff and of persons employed in the jobs provided in section 2 shall be as follows: Salaries. sheriff $18,000 chief deputy $12,000 1st senior deputy $ 9,600 2nd senior deputy $ 8,900 2 deputies $ 8,400 6 deputies, including the office deputy $ 7,500 chief jailer $ 7,500 9 additional jailers $ 7,200 4 matrons $ 5,400 clerk-typist $ 5,400 2 custodians $ 4,800 cook $3,600. Section 3 . This Act shall become effective on July 1, 1976. 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 1976 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, page 2806) as amended. To repeal conflicting laws and for other purposes. This 27th day of January, 1976. Harry W. Owens Sheriff, Glynn County

Page 3970

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 27, February 3, 10, 1976. /s/ Eston A. Harden Representative, 154th District Sworn to and subscribed before me, this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF MOUNTAIN VIEWCHARTER AMENDEDCERTAIN TAX LEVY PROVIDED, ETC. No. 1331 (House Bill No. 2053). An Act to amend an Act creating and incorporating the City of Mountain View, approved February 23, 1956 (Ga. L. 1956, p. 2518), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3323) and an Act approved April 25, 1969 (Ga. L. 1969, p. 3636), so as to authorize the mayor and council to levy a five mill tax by ordinance; to provide that no elected official shall receive any compensation whatsoever; to prohibit conflicts of interests; to provide that no city official, elected or otherwise, shall own any interest in any establishment holding a malt beverage and

Page 3971

wine license; to provide for the sale of malt beverages and wine only in unbroken containers; to provide that no malt beverage or wine licensee shall sell malt beverages and wine during certain hours; to provide for qualifying fees for the mayor and council; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and incorporating the City of Mountain View, approved February 23, 1956 (Ga. L. 1956, p. 2518), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3323) and an Act approved April 25, 1969 (Ga. L. 1969, p. 3636), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. Said mayor and council shall have the right to require a license to conduct any and all types and kinds of businesses in said city, and set the cost or fee for such license; the mayor and council shall be authorized to levy by ordinance an ad valorem tax on all property within the city, but the maximum millage shall in no event exceed five (5) mills. The mayor and council are hereby authorized to set up the necessary method for making tax returns, issuing fi. fas., collecting such fi. fas. by selling real or personal property to satisfy the same, and authorizing the marshal to make and execute deeds of title to the purchaser of such property at such tax sale. All of such sales shall be held on the first Tuesday in each month, between the hours of 10:00 a.m. and 4:00 p.m. at the place of holding the elections for said city. Personal property may be sold by advertising the same by posting three notices in said city ten days before such sale, and real property may be sold after advertising the same for four weeks in a newspaper published in said county. Section 2 . Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11, to read as follows:

Page 3972

Section 11. The mayor and councilmen nor any other elected official of the City of Mountain View shall be entitled to receive any compensation for their services. Salaries. Section 3 . 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. No official of the City of Mountain View, elected or otherwise, shall own any interest in any establishment holding a malt beverage and wine license. No malt beverage and wine licensee shall sell or offer to sell any malt beverages or wine except in original unbroken containers. No malt beverage or wine licensee shall sell malt beverages or wine between the hours of midnight and 9:00 a.m. Monday through Saturday, and each malt beverage and wine licensee shall cease the sale of malt beverages and wine at midnight on Saturday. Malt beverages, etc. Section 4 . Said Act is further amended by adding a new section immediately following section 12A, to be designated section 12B, to read as follows: Section 12B. No official or employee of the City of Mountain View shall transact any business either directly or indirectly with the city government, Section 5 . Said Act is further amended by adding a new section immediately following section 12B, to be designated section 12C, to read as follows: Section 12C. The qualifying fee for the office of mayor shall be thirty-five dollars ($35.00), and the qualifying fee for each councilman shall be twenty-five dollars ($25.00). Said fees shall be paid to the election superintendent of the city at the time of qualifying. Mayor. Section 6 . Said Act is further amended by adding a new section immediately following section 12C, to be designated section 12D, to read as follows:

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Section 12D. Any person violating the provisions of sections 12A or 12B of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval except the provisions of section 3 which shall become effective June 1, 1976. 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 1976 session of the General Assembly of Georgia, a bill to amend an Act creating and incorporating the City of Mountain View in Clayton County, approved February 23, 1956 (Ga. L. 1956, p. 2518), as amended; and for other purposes. This 5th day of February, 1976. Rudolph Johnson, 72nd Frank Bailey, 72nd W. J. Lee Jim West T. A. Starr 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: February 6, 13 and 20, 1976. /s/ Jim Wood

Page 3974

Sworn to and subscribed before me, this 20th day of February 1976. /s/ Eleanor G. Simon Notary Public, Georgia, State at Large. My Commission Expires April 4, 1978. (Seal). Approved March 31, 1976. CITY OF MOUNTAIN VIEWCHARTER REPEAL PROVIDEDREFERENDUM. No. 1332 (House Bill No. 2054). An Act to repeal an Act creating and incorporating the City of Mountain View, approved February 23, 1956 (Ga. L. 1956, p. 2518), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3323) and an Act approved April 25, 1969 (Ga. L. 1969, p. 3636); to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and incorporating the City of Mountain View, approved February 23, 1956 (Ga. L. 1956, p. 2518), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3323) and an Act approved April 25, 1969 (Ga. L. 1969, p. 3636), is hereby repealed in its entirety. 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 Judge of the Probate Court of Clayton County to issue the call for an election for the purpose of submitting this Act to the electors of the City of Mountain View 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

Page 3975

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 the City of Mountain View. The ballot shall have written or printed thereon the words: Referendum. () YES () NO Shall the Act abolishing the charter of the City of Mountain View be approved? 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 and the charter of the City of Mountain View shall stand repealed as of July 1, 1976, otherwise this Act shall be void and of no force and effect. In order to be eligible to vote in said election, a person must have been eligible to vote in the preceding municipal election. The expense of such election shall be borne by the City of Mountain View. It shall be the duty of the Judge of the Probate Court 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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 Session of the General Assembly of Georgia, a bill to abolish the Charter of the City of Mountain View

Page 3976

in Clayton County, Georgia: to provide the procedures therewith; and for other purposes. This 30th day of January, 1976. Rudolph Johnson Representative, 72nd District, Post 4 Frank Bailey Representative, 72nd District, Post 2 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: February 3, 10 and 17, 1976. /s/ Jim Wood Sworn to and subscribed before me, this 17th day of February, 1976. /s/ Helen U. Jenkins Notary Public, Georgia, State at Large. My Commission Expires Sept. 26, 1978. (Seal). Approved March 31, 1976. DeKALB COUNTY RECORDER'S COURTINSPECTORS PROVIDED, ETC. No. 1333 (House Bill No. 2056). An Act to amend an Act creating and establishing a recorder's court for DeKalb County, Georgia, as approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, so as to authorize appointment of inspectors; to provide for authority and jurisdiction of inspectors; to provide for issuance and return of summons; to provide for lists of

Page 3977

inspectors; to provide penalties; 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 recorder's court for DeKalb County, Georgia, as approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, is hereby amended by adding at the end of section 24 thereof a new paragraph to read as follows: In addition to the above, the Board of Commissioners of DeKalb County, Georgia, shall have the authority to pass ordinances or resolutions conferring the title of `Inspector' upon certain named employees of said county which Inspectors shall have the authority to issue citations or summonses returnable to the recorder's court upon information known to or complaint lodged with any Inspector that any person subject to the jurisdiction of said court has violated any ordinance, resolution, rule or regulation of said county. Any summons so issued shall be signed by the Inspector issuing same and shall be returnable to the recorder's court pursuant to the rules and regulations of said court. A current list of names of those county employees authorized by the Board of Commissioners of DeKalb County, Georgia, to hold the title of `Inspector' shall be kept current and shall be filed with the clerk of the recorder's court. When necessary, the board of commissioners shall take appropriate action to remove from said list the names of persons who (a) no longer are employees of DeKalb County, Georgia, or (b) no longer bear the title of `Inspector'. The list of any such persons named as Inspectors shall be certified true and correct by the Clerk of the Board of Commissioners of DeKalb County, Georgia, and provided to the clerk of the recorder's court from time to time as appropriate in order to keep said list current. Any such person refusing to comply with any summons issued by any person designated `Inspector' by the Board of Commissioners of DeKalb County, Georgia, shall be deemed in contempt of court and said court shall have the authority to punish same pursuant to section 26 below.,

Page 3978

so that when so amended section 24 shall read as follows: Section 24. Issuance of Summons . Upon information known to or complaint lodged with any officer or any member of the police force of DeKalb County, Georgia, or the judge or clerk of said recorder's court any person within the limits of DeKalb County charged with the violation of any ordinance, resolution, rule or regulation of said county within the jurisdiction of said court may be brought before the said recorder's court to answer said charge by service upon said person of a summons from said court setting forth the nature of the charge and the time and place of the hearing. Said summons shall be signed by the judge, clerk, patrolman or officer issuing same and a copy thereof shall be served upon the accused either personally or by leaving the copy at his place of residence. In addition to the above, the Board of Commissioners of DeKalb County, Georgia, shall have the authority to pass ordinances or resolutions conferring the title of `Inspector' upon certain named employees of said county which Inspectors shall have the authority to issue citations or summonses returnable to the recorder's court upon information known to or complaint lodged with any Inspector that any person subject to the jurisdiction of said court has violated any ordinance, resolution, rule or regulation of said county. Any summons so issued shall be signed by the Inspector issuing same and shall be returnable to the recorder's court pursuant to the rules and regulations of said court. A current list of names of those county employees authorized by the Board of Commissioners of DeKalb County, Georgia, to hold the title of `Inspector' shall be kept current and shall be filed with the clerk of the recorder's court. When necessary, the board of commissioners shall take appropriate action to remove from said list the names of persons who (a) no longer are employees of DeKalb County, Georgia, or (b) no longer bear the title of `Inspector'. The list of any such persons named as Inspectors shall be certified true and correct by the Clerk of the Board of Commissioners of DeKalb County, Georgia, and provided to the clerk of the recorder's court from time to time as appropriate in order to keep said list current. Any such person refusing to

Page 3979

comply with any summons issued by any person designated `Inspector' by the Board of Commissioners of DeKalb County, Georgia, shall be deemed in contempt of court and said court shall have the authority to punish same pursuant to section 26 below. Inspectors. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice Notice is hereby given that there will be introduced into the 1976 General Assembly a bill to be entitled an Act to amend that certain Act creating and establishing the Recorder's Court of DeKalb County, Georgia for the purpose of amending section 24 thereof so as to allow the Board of Commissioners of DeKalb County, Georgia to pass ordinances or resolutions designating certain persons as inspectors for the purpose of issuing citations or summonses returnable to the Recorder's Court against persons violating DeKalb County ordinances, resolutions, rules or regulations, and for other purposes. 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 Public Notice of Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 22, 29 day of January and February 2, 1976. /s/ Gerald W. Crane, Publisher (by) Betty M. Branch, Agent

Page 3980

Sworn to and subscribed before me this 6th day of February, 1976. /s/ Betty M. Branch Notary Public. My Commission expires Oct. 18th, 1977. (Seal). Approved March 31, 1976. BLECKLEY COUNTYCOUNTY AUDIT DATE CHANGED. No. 1334 (House Bill No. 2066). An Act to amend an Act authorizing the employment of a certified accountant to audit all county books annually for the County of Bleckley, approved August 16, 1915 (Ga. L. 1915, p. 158), so as to change the provisions relative to the date for said audit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act authorizing the employment of a certified accountant to audit all county books annually for the County of Bleckley, approved August 16, 1915 (Ga. L. 1915, p. 158), is hereby amended by striking section 2 in its entirety, which reads as follows: Section 2. Be it further enacted by the authority aforesaid, That said certified accountant shall audit the books of the various county officers of the county of Bleckley, during the month of June, in each year, and make report according to the provisions in section 1 of this Act., and substituting in lieu thereof a new section 2, to read as follows: Section 2. The certified accountant appointed pursuant to section 1 shall audit the books of the various county officers

Page 3981

of Bleckley County each year. The audit shall be for the preceding year ending on December 31. The certified accountant shall make a report according to the provisions of section 1. Audit. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Intent to Introduce Legislation. This is to certify that I will introduce legislation in the General Assembly this year change the days of the Audit of Bleckley County. Ben Jessup 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 4, 11, 18, 1976. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3982

HOUSTON COUNTY BOARD OF COMMISSIONERSVACANCYPROVISIONS CHANGED. No. 1335 (House Bill No. 2068). An Act to amend an Act creating a Board of Commissioners for Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, so as to change the provisions relative to filling vacancies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Board of Commissioners for Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, is hereby amended by striking the first paragraph of section 4 in its entirety and inserting in lieu thereof a new first paragraph of section 4 to read as follows: Section 4. All vacancies in the membership of the board of commissioners occurring in less than one year of the expiration of such term of office shall be filled by appointment of a duly qualified person by the remaining members of the board, and such appointee shall be commissioned and hold office until his successor is elected and qualified; provided, however, that if such remaining members cannot agree on an appointment within 45 days after a vacancy has been declared, the Judge of the Probate Court of Houston County shall appoint a qualified person to fill such vacancy. All vacancies occurring in the membership of the board more than one year prior to the expiration of the term of office shall be filled by a special election called by the election superintendent of Houston 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 said unexpired term and until his successor is elected and qualified. The expense of any such special election shall be paid out of the general funds of the county. Vacancy. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1976 session of the General Assembly of Georgia a bill to amend the Georgia Laws relative to Houston County, Georgia, so as to change the procedures for filing vacancies in the membership of the Board of Commissioners of Houston County, to define the meaning of and establish when a vacancy exists in said Board. (Ga. L. 1922, p. 372 as amended particularly by Ga. L. 1958, p. 2574-2578) and for other purposes. This 2nd day of February, 1976. Roy H. Walston, Jr. Representative 114th District Ted Waddle Representative 113th District Larry C. Walker Representative 115th 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, Notice of Intent to Introduce Legislation relative to Board of Commissioners of Houston County was published in The Houston Home Journal on the following dates: February 5, 12, 19, 1976. This 20 day of February, 1976. /s/ Bobby Branch Publisher, Houston Home Journal, Perry Georgia

Page 3984

Sworn to and subscribed before me this 20 day of February, 1976. /s/ Janice E. Colwell Notary Public, Houston County. My Commission expires March 7, 1976. (Seal). Approved March 31, 1976. CITY OF PORT WENTWORTHCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1336 (House Bill No. 2069). 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 change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is hereby amended by adding at the end of section 2 of said Act the following: The corporate limits of the City of Port Wentworth are hereby extended beyond their present boundaries so as to include, in addition to the areas now embraced within the corporate limits of the City of Port Wentworth, all of the area and territory embraced and lying within the following described territory, to wit: Commencing at the point where the western right-of-way of Georgia Highway 21 intersects the southern right-of-way line of Godley road and then continuing west along the Southern right-of-way line of Godley Road, a distance of approximately 4 miles to a point on the northern right-of-way

Page 3985

line of an easement of Savannah Electric Power Company, (See Plat Record Book S-118, Clerk's Office, Superior Court, Chatham County), then proceeding on the said northerly and easterly right-of-way line, along the west side of an access road to a point on the Barnwell property line and then proceeding westerly on said property line, enclosing approximately 64 acres as described in Records in the Clerk's Office, Superior Court, Chatham County, in Deed Book 71K folio 471, said enclosure coming to a point on the southern property line, 60 feet from the intersection of the Savannah Electric Power Company easement and Barnwell property line, at said point continuing on a line in a southerly direction parallel to said easement right-of-way, being 60[UNK] at any given distance until said line intersects at a point with the northern right-of-way line of Godley Road (being the access road to the Barnwell Property) and then proceeding easterly to a point that intersects the eastern right-of-way line of Seaboard Coastline Railroad. 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 1976 Session of the General Assembly a bill to amend the Charter of the City of Port Wentworth so as to extend the City's corporate limits; and for other purposes. This 12th day of January, 1976. M. J. Chant, Mayor 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

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the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 16, 23, 26, 1976. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976. DeKALB COUNTYDISTRICT ATTORNEYSALARY SUPPLEMENT LIMITED, ETC. No. 1337 (House Bill No. 2074). An Act to provide for the compensation of certain county officers and officials of DeKalb County; to provide definitions; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to prohibit the Solicitor of the State Court of DeKalb County from engaging in the private practice of law; 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 . As used in this Act, the term gross salary means the annual salary received by a superior court judge from State funds in effect on January 1, 1977; plus the annual amount, in effect on January 1, 1977, paid to the judges of the superior courts of the Stone Mountain Judicial Circuit as county supplements to the State salary; and plus any increases in said annual salary or said county supplement, or both, hereinafter enacted into law.

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Section 2 . Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in section 1: (1) Sheriff 65% (2) Judge of the Probate Court 68% (3) Clerk of the Superior Court 65% (4) Tax Commissioner 65% (5) Judge of the Juvenile Court 90% Section 3 . Notwithstanding any other provision of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in section 1: (1) Chairman of the Board of Commissioners 100% (2) Members of the Board of Commissioners, except the Chairman 22% (3) State Court Judge 90% (4) State Court Solicitor 90% (5) Coroner 27% Section 4 . Notwithstanding any other provision of law to the contrary, the governing authority of DeKalb County shall not supplement the State compensation of the District Attorney of DeKalb County in an amount in excess of the amount that would make the total compensation of the district attorney equal 93.5% of the gross salary as defined in section 1. Section 5 . Notwithstanding any other provision of law to the contrary, the Solicitor of the State Court of DeKalb County shall not engage in the private practice of law. State Court Solicitor. 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

Page 3988

manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 7 . This Act shall become effective on January 1, 1977. Effective date. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. Notice is hereby given of the intention to apply during the 1976 session of the General Assembly of Georgia for an act to amend the act approved April 3, 1972, (Ga. L. 1972, p. 3667) establishing compensation of certain elected officials and constitutional officers of DeKalb County to provide for fixing salary adjustments. Eugene E. Adams Tax Commissioner DeKalb County, Georgia Theron Burgess Clerk, Superior Court DeKalb County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Noble who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of

Page 3989

DeKalb County, on the following dates: January 8, 15, 22, 1976. /s/ Bill Noble Representative, 48th District Sworn to and subscribed before me this 24th day of February, 1976. /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 in the regular 1976 session of the Georgia General Assembly a bill to amend an Act creating the State Court of DeKalb County (approved February 14, 1951, Ga. L. 2401), as amended, so as to provide an additional judge, to change compensation of judges of State Court, to provide for other matters relative to said Court, to provide an effective date, to repeal conflicting laws and for other purposes. 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 a true copy of which is hereto annexed was published in said newspaper in its issue of the 15, 22, 29 day of Jan., 1976. /s/ Gerald W. Crane, Publisher (by) Betty M. Branch, Agent

Page 3990

Sworn to and subscribed before me this 29th day of Jan., 1976. /s/ Betty M. Branch Notary Public. My Commission expires Oct. 18th. 1977. (Seal). Approved March 31, 1976. CITY OF SAVANNAHCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 1339 (House Bill No. 2080). An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, to extend the corporate limits of the City of Savannah; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . That from and after the passage of this Act, the City Limits of the City of Savannah, known as the Mayor and Aldermen of the City of Savannah, in addition to all the territory, land and improvements, now included in the corporate limits of the City of Savannah shall be extended to include all of the territory, land and improvements located within the following described boundaries, to-wit: AREA A Beginning at the intersection of the northern right-of-way line of Crossgate Road and the western right-of-way line of the Savannah Atlanta Railway; thence in a northerly direction along the western right-of-way line of the Savannah Atlanta Railway for a distance of 1,800 feet to a point; thence in a westerly direction along a line parallel to the centerline of Runway 9-27 to its intersection with the eastern property line of Union Camp Corporation; thence in a southwesterly direction along the eastern property

Page 3991

line of Union Camp Corporation to its intersection with the city limits of the City of Savannah; thence along the city limits of the City of Savannah or the extension thereof southeasterly, northerly, easterly, southerly and easterly to its intersection with the western right-of-way line of the Savannah Atlanta Railway; thence northwesterly along said western right-of-way line of the Savannah Atlanta Railway to the point of beginning. AREA B Beginning at the intersection of the western right-of-way line of Highway 21 and the northern right-of-way line of Crossgate Road; thence in a westerly direction along the northern right-of-way line of Crossgate Road to its intersection with the western property line of the Savannah I D Water System; thence in a southerly direction one foot to a point; thence in a westerly direction along a line parallel to the northern right-of-way line of Crossgate Road to its point of intersection with the western right-of-way line of the Savannah Atlanta Railroad; thence in a northerly direction along the western right-of-way line of the Savannah Atlanta Railroad to its intersection with the northern right-of-way line of Crossgate Road; thence in an easterly direction along the northern right-of-way line of Crossgate Road to the point it intersects with the western property line of the Savannah I D Water System; thence in a northerly direction along the western property line of the Savannah I D Water System to its intersection with the southern right-of-way line of the Savannah Atlanta Railroad spur; thence in an easterly direction along the southern right-of-way line of the Savannah Atlanta Railroad spur to a point 918 feet west of the centerline of Ga. Highway 21; thence in an easterly direction along the Savannah I D Water System property line to its intersection with the western right-of-way line of Highway 21, approximately 2550 feet north of its intersection with the centerline of Crossgate Road; thence in a southerly direction along the western right-of-way line of Highway 21 to the point of beginning.

Page 3992

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Chatham County. Notice is hereby given of intention to apply for local legislation in the 1976 Session of the General Assembly of Georgia to amend the Charter of the Mayor and Aldermen of the City of Savannah to extend and change the corporate limits and for other purposes. James B. Blackburn City Attorney for the City of Savannah Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Gignilliat who, on oath, deposes and says that he is Representative from the 122nd 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 24, 31, and February 7, 1976. /s/ Arthur Gignilliat Representative, 122nd District Sworn to and subscribed before me this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

Page 3993

WARE COUNTY BOARD OF COMMISSIONERSRECALL PROVISIONS MADE, ETC. No. 1340 (House Bill No. 2083). An Act to amend an Act creating a Board of Commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide for procedures for the recall of the members of the Board of Commissioners of Ware County; to provide for the filling of vacancies; to change the provisions relating to meetings; to provide requirements for the sale or lease of county property; to change the provisions relating to audits; to provide for notices, practices and procedures; 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 Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, is hereby amended by adding, following section 8, a new section 8A, to read as follows: Section 8A. Each member of the Board of Commissioners of Ware County shall be subject to recall at any time after his election. The petition for such recall election shall be placed in the office of the Judge of the Probate Court and then must be signed by a total of not less than 25 percent of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the Judge of the Probate Court of Ware County, and it must be signed in the presence of the Judge of the Probate Court or of an employee of the Judge of the Probate Court. The persons sponsoring such petition shall address a written petition signed by four hundred (400) or more qualified registered voters of Ware County 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. The petition for such recall election must be signed by not less than 25 percent of the qualified registered voters

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of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the Judge of the Probate Court of Ware County, and it must be signed in the presence of the Judge of the Probate Court or of an employee of the Judge of the Probate Court. The Judge of the Probate Court shall allow such persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such persons must notify the Judge of the Probate Court when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the Judge of the Probate Court more than 90 days after it is first placed in the Judge's office for the purpose of obtaining signatures thereon. Any petition presented after such 90-day period shall be void and of no force and effect. It shall then be the duty of the Judge of the Probate Court to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. The Judge of the Probate Court must make his decision on the sufficiency of the petition within 15 days after the same is formally presented to him. In the event he determines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 30 nor more than 90 days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the following: `Shall (name of officeholder), (name of office) be recalled and removed from office?'. The 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 recall election, and the officer so removed shall not be eligible to reelection or appointment to the unexpired term. It shall be the duty of the Judge of the Probate Court to certify the results of such election

Page 3995

to the Secretary of State. If a majority of those voting in such election vote against recall, the officer shall retain his office. Vacancies created by a recall election shall be filled in the same manner as provided by law for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same officer shall be held for at least two years. Recall. Section 2 . Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. The fiscal affairs of Ware County shall be under the control of the Board of Commissioners of Ware County, except as otherwise provided in this Act. The Board of Commissioners shall hold regular meetings on the first and third Mondays of each month. If any such date falls on a holiday or on the date a special event is being held in Ware County, the Chairman shall designate another date during the month for the holding of such meeting and shall give at least one week's notice of the date and time of such meeting in the legal organ of Ware County. Fiscal Affairs. Section 3 . Said Act is further amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17, to read as follows: Section 17. The Board of Commissioners shall have an annual audit made of the financial affairs of Ware County. Such audit shall be prepared and certified by a certified public accountant licensed to practice under the laws of Georgia. A copy of such audit report and financial statements shall be furnished to each member of the Board, to the Clerk of the Superior Court and a copy shall be posted in the courthouse. Such copies shall be available for public inspection during normal business hours. Audit. Section 4 . Said Act is further amended by adding, following section 17, a new section 17.1, to read as follows: Section 17.1. All sales or leases of real or personal property of the county shall be authorized, in writing, by a resolution adopted at a regular meeting of the Board by a

Page 3996

vote of a majority of the members of the Board. All purchases, sales and leases shall conform to such written rules and regulations as the Board may prescribe. Such rules and regulations shall be filed in the office of the Chairman of the Board and shall be open and available for public inspection during normal business hours. In all cases in which the property to be sold or leased has a value in excess of $500, opportunity for competitive bidding shall be given after a notice relative thereto has first been published in the legal organ of Ware County. The signature of the Chairman shall appear on all contracts and leases of the county and a dated and signed copy of each such contract and lease shall be filed in the office of the Chairman and shall be open and available for public inspection during normal business hours. County property. 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 1976 session of the General Assembly of Georgia, a bill to amend the act creating the board of Commissioners of Ware County; and for other purposes. This, 24th day of January, 1976. Harry D. Dixon Representative 151st District Ottis Sweat Jr. Representative 150th District Frank Eldridge Jr. Senator, 7th 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

Page 3997

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 24, 31 and February 7, 1976. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me this 25th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CITY OF MACONCHARTER AMENDEDBUDGET CONTROL PROVIDED, ETC. No. 1341 (House Bill No. 2094). An Act to amend an Act entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes., approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved February 21, 1974 (Ga. L. 1974, p. 2051), so as to provide for budgetary and appropriation control for the City of Macon; to provide for the powers, duties, and responsibilities of the mayor; to provide for the repeal of certain sections; to provide for the interpretation

Page 3998

of certain terms; to provide for a Personnel Management System; 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 entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes., approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved February 21, 1974 (Ga. L. 1974, p. 2051), is hereby amended by striking in its entirety section 24 and substituting in lieu thereof a new section 24 and substituting in lieu thereof a new section 24, to read as follows: Section 24. Budgetary and Appropriation Control . (a) Preparation; Submission, and Adoption of Municipal Budget. (1) The mayor shall submit to the council at least six weeks prior to the start of the municipal fiscal year a budget message and a budget report, accompanied by a draft of the Municipal Appropriations Ordinance, in such form and manner as may be prescribed by ordinance, which shall provide for the appropriation of the funds necessary to operate all the various departments, and to meet the current expenses of the city for the next fiscal year. (2) The council shall annually appropriate the funds necessary to operate all the various departments, and to meet the current expenses of the city for the next fiscal year. The fiscal year of the city shall be as determined by ordinance adopted in the manner provided by section 27 hereof. (3) The council shall by ordinance adopted in the manner

Page 3999

provided by section 27 hereof provide for the regulation and management of the financial affairs of the city. (b) Municipal Appropriations Ordinance. (1) Each Municipal Appropriations Ordinance, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for any mandatory appropriations required by law and those required to meet contractual obligations or the continued appropriation and authorization of State or federal grants. (2) The council shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the city treasury at the beginning of the fiscal year, together with an amount not greater than the total municipal receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds as estimated in the budget report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner hereinbelow provided, but in no event shall a Supplementary Appropriations Ordinance continue in force and effect beyond the expiration of the Municipal Budget Ordinance in effect when such Supplementary Appropriations Ordinance was adopted and approved. (3) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations or the continue appropriation and authorization of State or federal grants, remaining unexpended and not contractually obligated at the expiration of such Municipal Budget Ordinance shall lapse. (4) All State or federal funds received by the city are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the State or federal government in making the grant. (c) Other or Supplementary Appropriations. In addition

Page 4000

to the appropriations made by the Municipal Appropriations Ordinance and amendments thereto, the council may make additional appropriations in the same manner as herein provided, which shall be known as Supplementary Appropriations Ordinances, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the city treasury or the revenue necessary to pay such appropriation shall have been collected into the general fund of the city treasury as provided by law. (d) Appropriation to Be for Specific Sums. (1) The appropriation for each department, office, bureau, board, commission, function or line item for which appropriation is made shall be for a specific amount of money, or no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof. All appropriations by function or line item shall be lump sum by function or line item. (2) Any appropriation made in conflict with the foregoing provision shall be void. (e) Designation of Auditor by Council. The council shall appoint an independent auditor to audit all expenditures annually and report to council by a date designated by council. Section 2 . Said Act is further amended by striking subsection (b) of section 27 and substituting in lieu thereof a new subsection (b), to read as follows: (b) The mayor shall have the following powers, duties and responsibilities: Powers. (1) to see that the ordinances, resolutions, and regulations of the council and laws of this State subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed and enforced;

Page 4001

(2) to exercise supervision over the executive and administrative affairs of the city government and to provide for the coordination of executive and administrative activities; (3) to appoint the chief administrative officer and all other department heads with the advice and consent of a majority of the council and to remove them for cause which shall include, but not be limited to the following: (A) incompetence, misfeasance, or malfeasance in office; (B) conviction of a crime involving moral turpitude, or a crime punishable as a felony; (C) failure at any time to possess any of the qualifications of office as provided by this charter or by ordinance; (D) gross misconduct in reference to the duties of office; or (E) abandonment of office or neglect to perform the duties thereof. Provided, however, that by an affirmative vote of ten (10) of its total membership, the council may prevent the removal of department heads and the administrative officer by determining that probable cause for removal does not exist; (4) to sign deeds, bonds, contracts, and other instruments and documents in any case in which the execution of legal instruments of writing or of other necessity, where the general laws of the State, or ordinance or resolution of the council so require; (5) to submit to the council annually a draft of the recommended Municipal Appropriations Ordinance, the budget message, and the budget report in the manner provided in this charter, and to submit annually to the council a capital improvement program;

Page 4002

(6) to approve any appropriation for any department, office, bureau, board, commission, function or line item and veto any other appropriation for any department, office, bureau, board, commission, function or line item in the same ordinance and the latter shall not be effectual unless passed by two-thirds ([UNK]) of the council. In the event the mayor's veto of an appropriation for any department, office, bureau, commission, function or line item is not passed by a two-thirds ([UNK]) vote of the council, the appropriation funding the vetoed item for the next fiscal year shall continue the same as for the previous fiscal year; (7) to conduct studies and investigations and to make recommendations to the council for legislation concerning all matters relating to the city government and the welfare of its citizens; (8) to represent the city government in its intergovernmental relations; (9) to appoint for his information and assistance, advisory boards, commissions, and committees which shall be answerable only to him, but whose actions shall be advisory in nature; and (10) to perform such other duties as may be required by law, ordinance or resolution. Section 3 . Said Act is further amended by striking in its entirety section 28 and substituting in lieu thereof a new section 28, to read as follows: Section 28. Interpretation of `Mayor and Council .' Whenever the term `mayor and council,' `municipal government,' `governing authority of the municipality,' `City of Macon,' or any other such term implying the governing authority of the City of Macon is used in this charter in the context of personnel appointments to departments, authorities, commissions, boards, or other such agencies where such appointments are authorized, said term shall be interpreted

Page 4003

to mean the appointment of the mayor, with the approval of a majority of council. Section 4 . Said Act is further amended by striking in their entirety the following sections: Sections 56, 59, 59A, 60, 61, 62, 63, 64, 65, 67 and 68. Section 5 . Said Act is further amended by inserting after section 57 new sections 57A and 57B to read as follows: Section 57A. Personnel Management System . (a) By ordinance a Personnel Management System will be established that meets the social, economic, and program needs of the City of Macon. (b) This system shall provide means to recruit, select, develop, and maintain an effective and responsive work force, and shall include policies and guidelines for employee relations, hiring, advancement, training and career development, job classification, salary administration, retirement, fringe benefits, discipline, discharge, grievance procedures, appeal procedures, codes of conduct rules and regulations and other related maters. Section 57B. Employee's Right to `Due Process'. No ordinance or parts of ordinances shall be passed or amended that impinges upon the employee's right to `due process' under the law. Section 6 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability.

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Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Bibb County. 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 1976 Session of the General Assembly of the State of Georgia to amend an Act re-enacting the Charter of the City of Macon and for other purposes. Georgia House of Representatives Billy L. Evans, Representative 301 Oldham Bldg. 518 Mulberry St. Macon, Ga. 31201 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 Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: January 16, 23, 30, 1976. /s/ Billy L. Evans Representative, 99th District Sworn to and subscribed before me, this 23rd day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976.

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ECHOLS COUNTY TAX COMMISSIONERSALARY CHANGED. No. 1342 (House Bill No. 2095). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Echols County into the office of Tax Commissioner of Echols County, approved March 27, 1972 (Ga. L. 1972, p. 2977), 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 consolidating the offices of Tax Receiver and Tax Collector of Echols County into the office of Tax Commissioner of Echols County, approved March 27, 1972 (Ga. L. 1972, p. 2977), is hereby amended by adding a new section 2A between sections 2 and 3 to read as follows: Section 2A. The Tax Commissioner shall be compensated by an annual salary of $9,400.00 payable in equal monthly installments from the funds of Echols County. The governing authority of Echols County, at its discretion, shall be authorized to increase the annual salary provided for herein by 5% at the beginning of each new four-year term of office, and the first such increase may become effective on January 1, 1977, at the discretion of said governing authority. Salary. Section 2 . Said Act is further amended by striking in its entirety the first sentence of section 4 which reads as follows: The tax commissioner shall be compensated by an annual salary of $7,000.00 payable in equal monthly installments from funds of Echols County. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved

Page 4006

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 hereby repealed. Certificate of Publisher 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 The Valdosta Times, who, after first being by me duly sworn states on oath that Notice of Intention to apply for local legislation to amend an act governing the Office of Tax Commissioner of Echols County, so that as amended, to provide for and change the salary of said Tax Commissioner from $7000.00 to $9400.00 per annum and to provide for increases in said salary at the discretion of the County Commissioners, in lieu of all other salary or other compensation and to repeal conflicting laws and provide an effective date thereof and for other provisions; Said advertisement having appeared in said Valdosta Daily Times on the following dates: February 12, 1976; February 19, 1976, and February 26, 1976. /s/ Tenney S. Griffin Said advertisement being as follows: Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1976 Session of the General Assembly of Georgia local legislation to amend an act governing the office of Tax Commissioner of Echols County, so that as amended to provide for and change the salary of said Tax Commissioner from $7,000 to $9,400 per annum and to provide for increases in said salary at the discretion of the County Commissioners, in lieu of all other salary or other compensations, and to repeal

Page 4007

conflicting laws, and provide an effective date thereof, and for other purposes. This 11th day of February, 1976. Donald Dukes Chairman County Commissioners, Echols County, Georgia Sworn to and subscribed before me this 26th day of February, 1976. /s/ Edith D. Smith Notary Public. My Commission expires May 1, 1976. (Seal). Approved March 31, 1976. CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY ACT AMENDEDBONDSINTEREST LIMITATIONS REMOVED. No. 1343 (House Bill No. 2096). An Act to amend an Act creating the City of Dublin and County of Laurens Development Authority, approved March 14, 1963 (Ga. L. 1963, p. 2206), so as to remove the interest limitations imposed on bonds issued by 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 City of Dublin and County of Laurens Development Authority, approved March 14, 1963 (Ga. L. 1963, p. 2206), is hereby amended by striking from section 9 the following:

Page 4008

not exceeding seven per cent per annum, and substituting in lieu thereof the following: as the Authority shall deem appropriate, so that when so amended, section 9 shall read as follows: Section 9. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. 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 as the Authority shall deem appropriate, 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 or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Laurens County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the `Revenue Bond Law' (Ga. L. 1937, pp. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings to validate such bonds, the City of Dublin and County of Laurens Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment

Page 4009

shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Bonds. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that a bill or bills will be introduced in the regular session 1976 of the General Assembly of Georgia to amend the law creating the city of Dublin and County of Laurens Development Authority and the law under which such authority does now exist so as to change the provisions of law as to the powers, authority, funds and purposes of such authority; to change and amend the provisions of law as to the issue of revenue bonds and as to the rate or rates of interest on such bonds; to change and amend the other provisions of law concerning such authority; and to accomplish other purposes. 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 31, February 7, 14, 1976. /s/ W. W. Larsen, Jr. Representative, 119th District

Page 4010

Sworn to and subscribed before me this 27th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1976. CERTAIN MUNICIPALITIESLICENSING FEE OF ASTROLOGIST ACT REPEALED. (400,000 OR MORE). No. 1360 (Senate Bill No. 553). An Act to repeal an Act approved March 21, 1970 (Ga. L. 1970, p. 3306), authorizing and directing the governing authorities of all municipalities with populations of 400,000 or more, according to the 1960 or any future Federal Decennial Census, to impose a license fee, not to exceed $100.00 per annum, upon each person who practices astrology for a fee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act approved March 21, 1970 (Ga. L. 1970, p. 3306), providing for the licensing of the practice of astrology in municipalities having a population of 400,000 or more, be and the same is hereby repealed in its entirety. Section 2 . All laws and parts of laws in conflict iwth this Act are hereby repealed. Approved March 31, 1976.

Page 4011

DEKALB COUNTY CITIZENS' COMMITTEE FOR EFFICIENT GOVERNMENT CREATED. No. 1364 (Senate Bill No. 649). An Act to create a committee to be entitled the DeKalb County Citizens' Committee for Efficient Government for the purpose of examining into and evaluating the various and existing ordinances and State laws establishing the administrative structure of DeKalb County government for the purpose of making recommendations relative to the passage of legislation, the modifications or the repeal of same where necessary in order to maximize and make more efficient the delivery of county services to the citizens of DeKalb County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created a committee to be entitled the DeKalb County Citizens' Committee for Efficient Government which shall consist of twelve members, all of whom shall be citizens of DeKalb County, Georgia. The purpose of said Committee is to examine and evaluate the existing ordinances and State laws relating to the administrative structure of DeKalb County government in order to make recommendations relative to the passage of legislation, the modification or the repeal of same in order to maximize and make more efficient the delivery of county services to the citizens of DeKalb County, Georgia. Creation. Section 2 . The twelve members of the Committee shall be chosen in the following fashion: Members. (a) Three members shall be chosen by the majority vote of those Republican members of the House of Representatives whose districts lie totally or partially in DeKalb County, Georgia. (b) Three members shall be chosen by the majority vote of those Democratic members of the House of Representatives

Page 4012

whose districts lie totally or partially in DeKalb County, Georgia. (c) Three members shall be chosen by a majority vote of those Republican members of the Senate whose districts lie totally or partially in DeKalb County, Georgia. (d) Three members shall be chosen by the majority vote of those Democratic members of the Senate whose districts lie totally or partially within DeKalb County, Georgia. Section 3 . Once selected, the Committee shall meet as soon as possible for the purpose of selecting a chairman, vice-chairman and secretary and for the purpose of establishing such times and places as deemed necessary for the Committee to meet in order to carry out its function. In no event shall the Committee meet in formal session outside DeKalb County, Georgia. Members shall serve without compensation or any expense or allowance for service on the Committee. Meetings. Section 4 . The Committee shall hold such public hearings after appropriate notice, as it deems necessary. All meetings shall be open to the public. The Committee shall be free to consult with elected or appointed officials of DeKalb County, Georgia, and the employees thereof for the purposes of obtaining information relevant to the carrying out of its function. The Board of Commissioners of DeKalb County, Georgia, is hereby authorized to furnish secretarial services, equipment, supplies, including postage, for use by the Committee in drafting its report and in keeping the minutes of its activities. Hearings. Section 5 . The Committee shall meet no less than once a month and the Secretary shall keep the minutes of the Committee's activities, and from time to time shall publish same. Further, the Secretary shall be responsible for calling all meetings of the Committee pursuant to the procedures adopted by the Committee upon its organization. Section 6 . The Committee shall prepare a draft of its recommendation, which recommendation shall be directed to

Page 4013

the Board of Commissioners of DeKalb County, Georgia, and the DeKalb Delegation to the Senate and House of Representatives of the State of Georgia not later than the first Tuesday of November, 1976. The Committee shall render a final report no later than December 31, 1976. In its final report, the Committee shall call for a meeting between itself, the DeKalb Delegation to the Senate and House of Representatives of the State of Georgia and the Board of Commissioners of DeKalb County, Georgia. The final report shall be signed by all members of the Committee agreeing thereto and those dissenting or desiring to express opinions other than those announced in the final report as endorsed by the majority of the Committee may do so. The Committee shall stand abolished no later than December 31, 1976. Recommendations. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that there will be introduced into the 1976 General Assembly a bill establishing a committee to be known as the Citizens' Committee for Efficient Government which Committee shall be charged by law with the responsibility of examining the existing ordinances, State laws and administrative structure of the DeKalb County Government in order to prepare a report relative to how said ordinances or State laws can be amended and the administrative structure of the DeKalb County Government altered, if need be, to best effectuate the maximum efficiency of County services to the taxpayer and to make recommendations relative to how the administrative structure of the DeKalb County Government should be organized. This notice is given pursuant to Article I, Section VII, paragraph XV, of the Constitution of the State of Georgia (Ga. Code Ann. 2-1915). Carl V. Kirsch Assistant County Attorney DeKalb County, Georgia

Page 4014

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, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 25th day of Dec., 1975, 1 8 Jan. 1976. /s/ Gerald W. Crane, Publisher Betty M. Branch, Agent Sworn to and subscribed before me, this 8th day of January, 1976. /s/ Betty M. Branch Notary Public My Commission Expires Oct. 18, 1977. (Seal). Approved March 31, 1976. RABUN COUNTY BOARD OF COMMISSIONERSSELF-INSURANCE AUTHORIZED. No. 1366 (Senate Bill No. 672). An Act to amend an Act creating the Board of Commissioners of Rabun County, Georgia, approved March 26, 1969 (Ga. L. 1969, p. 2397), as amended, so as to provide that the governing authority of Rabun County may in its discretion become a self-insurer as to all insurance and surety bonds acquired by said county; to provide for the levy of taxes for said self-insurance; 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 4015

Section 1 . An Act creating the Board of Commissioners of Rabun County, Georgia, approved March 26, 1969 (Ga. L. 1969, p. 2397), as amended, is hereby amended by redesignating sections 16 through 18 as sections 26 through 28, respectively, and by adding immediately following section 15 new sections 16 through 25 to read as follows: Section 16. Rabun County, Georgia, is hereby authorized in the discretion of the governing authority to become a self-insurer against all claims incurred by reason of liability to a third party or parties and losses by reason of fire, windstorm and providential cause and other comprehensive damages to its property and for each and every other contingency against which the governing authority of said county may in its discretion elect to insure. Self-insurance. Section 17. Wherever used in sections 16 through 25 of this Act, the term `governing authority' shall apply to the Board of Commissioners of Rabun County, Georgia. Section 18. Rabun County is hereby authorized through its governing authority to levy taxes for the funding and payment of costs for such self-insurance if the same is implemented and which funds may be established as continuing and perpetual reserves. Section 19. Nothing herein contained shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by Rabun County or any member of the governing body thereof or any supervisor, administrator, employee or other elected or appointed officer, nor of any public body, board, agency, or other instrumentality of said county, so that all such immunities and privileges from liability now held by such county shall continue to be of full force and effect after the passage of this Act. Section 20. Any self-insurance program thus inaugurated by Rabun County through its governing authority shall be in the sole discretion of the governing body in all respects as to its coverage. Such governing authority is, however, specifically granted the authority to utilize such self-insurance program in providing liability insurance for members

Page 4016

of such governing bodies, supervisors, administrators, employees, or other elected or appointed officers against personal liability as is provided in an Act approved March 25, 1974 (Ga. L. 1974, p. 702), as now or hereafter amended. Section 21. Such self-insurance program may be implemented by resolution of the governing authority of Rabun County and which resolution shall specifically set forth the purposes for which such self-insurance is maintained; the amount of funds allocated to such program for the year in which the same is established; the intent as to the future allocation of funds for such program; the amounts or percentages of such reserve thus established to be made available for the payment of claims against such reserve including, but not limited to, any such amount or percentage which may be allocated for payment of the claim of any one individual, the payment of the claim for any one incident and in the discretion of the governing authority, payment of the claim for property damage or other specific damages. Section 22. The governing authority of Rabun County may extend the provisions of such self-insurance program as to any part or all of its coverages to any other governmental agency of Rabun County including, but not limited to, the Hospital Authority of Rabun County. The governing authority of Rabun County is further hereby authorized in its discretion to participate with any such agency of Rabun County in the providing of such self-insurance program upon such basis as may be mutually agreeable between or among such participating agencies. Section 23. Nothing herein contained shall constitute a prohibition against Rabun County or any agency thereof from the purchasing of any contract of insurance whether liability, comprehensive, official bond or other contract. It is the intent of this provision that Rabun County may utilize such self-insurance program to provide partial coverage of its insurance needs and may purchase contracts of insurance for a portion of its insurance needs. Section 24. Rabun County is hereby authorized by the General Assembly of Georgia to waive its immunity from

Page 4017

legal complaint or claim up to the amounts of its reserve in such self-insurance program and in accordance with the limits of its coverage thereunder as set forth in its resolution establishing such program. Any such waiver of immunity must be by specific resolution of the governing authority of Rabun County. Section 25. All such funds collected by the levy of taxes or other revenue by the governing authority of Rabun County setting up such self-insurance program shall become and be the funds of Rabun County unless the same are paid or disbursed in accordance with the plan of self-insurance. Such governing authority establishing such plan of self-insurance may terminate the same at any time at its sole discretion. Provided that upon such termination there shall be retained in the reserve account of said program a sum reasonably sufficient to pay any known claims which may at the time of termination be pending against Rabun County and which are within the class of claims and limits as to amount for which such self-insurance program is maintained. Any funds retained in the reserve subsequent to termination and not paid to a claimant shall be paid into the general fund upon resolution of such pending claim or when such claims becomes barred by the Statute of Limitations. All funds removed from such reserve upon partial or complete termination of such program shall be paid into the general fund of Rabun County and shall be disbursed and accounted for as are other funds. Section 2 . 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 local legislation will be introduced in the January, 1976 session of the General Assembly of Georgia to amend an Act creating the Board of Commissioners of Rabun County, Georgia so as to provide that the governing authority of Rabun County, may in its discretion

Page 4018

become a self-insurer as to all insurance and surety bonds acquired by said county. Rabun County Board of Commissioners J. Coleman Jarrard, Chairman Duncan Long, Member John Kelly, Member Georgia, Fulton County. Personally appeared before the, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intent to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following dates: January 22, 1976, January 29, 1976 and February 5, 1976. /s/ John C. Foster Senator 50th District /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved March 31, 1976. GWINNETT COUNTY STATE COURTJUROR'S PROVIDED, ETC. No. 1368 (Senate Bill No. 689). An Act to amend an Act establishing the State Court of Gwinnett County, approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, so as to provide for the use of jurors

Page 4019

from a jury pool selected either by the judges of the Superior Court of the Gwinnett Judicial Circuit or the judges of the State Court of Gwinnett County; to provide for the appointment of a judge pro hac vice, to provide for the appointment of a solicitor pro hac vice, to provide for their duties, powers and compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the State Court of Gwinnett County, approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, is hereby amended by striking section 15 A in its entirety and substituting in lieu thereof a new section 15 A, as follows: Section 15 A. 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 affixed by the judge of said court in an amount not to exceed $125.00 per day. The salary of said judge pro hac vice shall be an expense of the court, and shall not exceed $4,500.00 per annum. A judge pro hac vice shall have and exercise the same powers as the judge of the State Court of Gwinnett County when presiding as judge pro hac vice in said court. Judge pro hac vice. Section 2 . Said Act is further amended by adding between section 15 A and 16 a new section, to be designated section 15 B, to read as follows: Section 15 B. The judge of said court is hereby authorized and empowered to appoint a solicitor pro hac vice on a need and judgment basis to assist in discharging the duties and responsibilities of the office of the solicitor of said court. The compensation of a solicitor pro hac vice shall be affixed by the judge of said court in an amount not to exceed $100.00 per day. The salary of said solicitor pro hac vice shall be an expense of the court, and shall not exceed

Page 4020

$3,600.00 per annum. A solicitor pro hac vice shall have and may exercise the same powers as the solicitor of the State Court of Gwinnett County when so appointed as solicitor pro hac vice in said court. Solicitor pro hac vice. Section 3 . Said Act is further amended by adding between sections 15 B and 16 a new section 15 C, to read as follows: Section 15 C. For the trial of any case in the Superior Court of Gwinnett County or the State Court of Gwinnett County requiring the use of jurors, a jury pool is created. Jurors may be selected as prescribed by law by either the judges of the Superior Court of Gwinnett County or the judges of the State Court of Gwinnett County to appear to be sworn and serve as jurors before either court. When both the Superior Court and State Court are in session on the same date either court may use as jurors persons who were summoned to appear to serve as jurors by virtue of the authority of either court. Jurors. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the 1976 Session of the General Assembly of Georgia a Bill to amend the laws creating the State Court of Gwinnett County so as to provide for the use of juries from a jury pool by both the Superior Court and the State Court, to provide for the appointment of judges and solicitors pro hac vice, to provide compensation therefor, and to provide for compensation for the judge and solicitor of said court to provide for the duties, powers and compensation of investigators and for other purposes. Gwinnett County Bar Association By Jones Webb, Chairman Legislative Committee

Page 4021

Georgia, Gwinnett County. Personally appeared before the undersigned authority, Bruce Still, who, being first sworn according to law, says that he is the publisher of the Lawrenceville Home Weekly, the official newspaper in which the sheriff's advertisements, in and for said County are published and that the publication of which the foregoing is a true copy, was published in said paper on the 28th day of January, 1976 and once each week thereafter for a total of three consecutive weeks as provided by law. This 23rd day of February, 1976. /s/ Bruce R. Still Publisher Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ Betty M. Reepe Notary Public, Gwinnett County, Georgia. Approved March 31, 1976. CERTAIN COUNTIESRECEIPT OF CERTAIN TAX RETURNS PROHIBITED. (31,600-32,300). No. 1369 (Senate Bill No. 692). An Act to provide that in certain counties the local tax officials shall receiving tax returns on the first day of March; 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 31,600 nor more than 32,300, according to the 1970 United States Decennial Census, or any such future census, the local tax officials shall close their books

Page 4022

for the return of taxes on the first day of March of each year, notwithstanding the provisions of Code section 92-6201 to the contrary. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1976. CITY OF ROCKMARTCHARTER AMENDEDELECTION DATE CHANGED, ETC. No. 1371 (Senate Bill No. 698). An Act to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, approved April 8, 1968 (Ga. L. 1968, p. 3224), as amended, so as to change the date for regular city elections; to repeal the provisions prohibiting political activities by officers and employees of the city; to change the provisions relating to the employment and removal of the city auditor, the city attorney and the city clerk; 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 Rockmart and creating a new charter for said city, approved April 8, 1968 (Ga. L. 1968, p. 3224), as amended, is hereby amended by adding at the end of section 2.03, the following: Any other provision of this section to the contrary notwithstanding, effective in 1976, the city elections shall be held on the first Saturday in December of each year., so that when so amended, section 2.03 shall read as follows: Section 2.03. Election of Mayor and Councilmen . On the first Saturday in October, 1969, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same day and month in 1968, three (3) councilmen

Page 4023

shall be elected to serve two (2) years, in the order of expiration of terms of those now serving as such and on said dates biennially thereafter, there shall be an election for three (3) councilmen. On the first Saturday in October, 1969, and on said date biennially thereafter, there shall be an election of two (2) councilmen. The election of mayor and councilmen shall be conducted in the manner hereinafter prescribed for regular elections. The present mayor and councilmen shall continue to serve for the remainder of the term to which they are presently elected. Fred Braswell shall continue to serve as mayor for the remainder of the term to which he is presently elected. William W. Aldred, councilman from Ward One, shall continue to serve in such office for the remainder of the term to which he is presently elected. Joel Goldin, councilman from Ward Two, shall continue to serve in such office for the remainder of the term to which he is presently elected. Malcolm Link, councilman from Ward Three, shall continue to serve in such office for the remainder of the term to which he is presently elected. Jessee McDonald, councilman from Ward Four, shall continue to serve in such office for the remainder of the term to which he is presently elected. Jack Quick, councilman from Ward Five, shall continue to serve in such office for the remainder of the term to which he is presently elected. Any other provision of this section to the contrary notwithstanding, effective in 1976, the city elections shall be held on the first Saturday in December of each year. Section 2 . Said Act is further amended by striking from section 3.04 the following: provided he shall not have the right to employ nor remove the city auditor nor city attorney, and inserting in lieu thereof the following: provided that the city auditor, the city attorney, and the city clerk shall be employed or removed only by action of the mayor and council, so that when so amended, section 3.04 shall read as follows:

Page 4024

Section 3.04. City Superintendent . The mayor and council shall appoint a City Superintendent 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 mayor and council may by ordinance delegate the following duties, or any combination thereof to the City Superintendent: to see that all laws and ordinances of the city are enforced; to remove department heads, officers and employees of the City of Rockmart without the consent of the mayor and council; provided that the city auditor, the city attorney, and the city clerk shall be employed or removed only by action of the mayor and council; to fix all salaries and compensation of the department heads of the various city departments within the minimum and maximum limits prescribed by the council, and to fix all salaries and compensation of all other city employees lawfully employed by him; 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 make and execute all lawful contracts authorized by the mayor and council, except as otherwise provided for herein, on behalf of the city to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and council, nor shall any realty of any kind and character be purchased except when so authorized by the mayor and council, nor shall any other property now or hereafter owned by said city, either real or personal be sold, leased or otherwise disposed of except by authority of the mayor and council; 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

Page 4025

as may be required by ordinance or resolution of the mayor and council. The City Superintendent shall be the purchasing agent for the city and shall make all purchases of supplies for departments under his control; shall approve all vouchers for the same, provided, that the mayor and council may by resolution, require competitive bids on purchases under such rules and regulations as the mayor and council may from time to time prescribe. The mayor and council shall require the City Superintendent, before entering upon discharge of his duties, to give good and sufficient bond in amount to be decided by the mayor and council, said bond payable to the City of Rockmart, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia, City of Rockmart, and the premium thereon shall be paid by the city. Section 3 . Said Act is further amended by repealing section 3.06, which reads as follows: Section 3.06. Political activity prohibited . No officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any city or other public office., in its entirety. Section 4 . Said Act is further amended by striking from section 5.01 the following: the first Saturday in October of each year, and inserting in lieu thereof the following: on the first Saturday in December of each year,

Page 4026

so that when so amended, section 5.01 shall read as follows: Section 5.01. Regular Elections, Time for Holding and Taking Office . The regular election for mayor and councilmen, or councilmen, shall be held on the first Saturday in December of each year. Officials elected at any regular election shall take office at the first regular meeting of the mayor and council in January next following such election. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Introduction of Local Legislation. Notice is hereby given that there will be introduced at the next session of the General Assembly of Georgia local legislation to amend the Charter of the City of Rockmart in the following particulars: 1. Change the date of Election from the first Saturday in October to the first Saturday in December. 2. To permit Elected Officials for the City of Rockmart to hold more than one elected office. 3. To place the exclusive power to employ or remove the City Auditor, City Attorney and City Clerk of the City of Rockmart, Georgia, with the Mayor and Council. A copy of the proposed amendment is on file in the office of the Clerk of the City of Rockmart for the purpose of examination and inspection by the public. This 13th day of January, 1976. George H. Scott Mayor City of Rockmart

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan D. Dean who, on oath, deposes and says that he is Senator from the 31st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockmart Journal which is the official organ of Polk County, on the following dates: January 15, 22, 29, 1976. /s/ Nathan D. Dean Senator, 31st District Sworn to and subscribed before me, this 24th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 31, 1976. GLYNN COUNTY BOARD OF EDUCATIONDISTRICTS CREATED, ETC.REFERENDUM. No. 1377 (House Bill No. 1864). An Act to amend an Act entitled An Act to consolidate and amend `An Act to regulate public instruction in the county of Glynn,' approved February 21st, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended by an Act approved August 15, 1921 (Ga. L. 1921, p. 487), an Act approved March 6, 1962 (Ga. L. 1962, p. 3045), and an Act approved April 8, 1965 (Ga. L. 1965, p. 3308), so as to create education districts from which members of the Board of Education of Glynn County shall be elected; to provide for the election of the members of the board by the qualified electors

Page 4028

of the education district; to terminate existing terms; 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: Section 1 . An Act entitled An Act to consolidate and amend `An Act to regulate public instruction in the County of Glynn,' approved February 21st, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended by an Act approved August 15, 1921 (Ga. L. 1921, p. 487), an Act approved March 6, 1962 (Ga. L. 1962, p. 3045), and an Act approved April 8, 1965 (Ga. L. 1965, p. 3308), 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 Board of Education of Glynn County shall be composed of ten (10) members. For the purpose of electing members of the Board of Education of Glynn County, the Glynn County School District shall be divided into five (5) education districts as follows: Districts. District 1 Glynn Dock Junction CCD 10 ED's 22, 23 and 24 Everett CCD 15 ED's 9, 10, 11 and 12 Thalmann CCD 25 ED's 13, 14 ED 15B, except that portion which is located on Jekyll Island District 2 Glynn St. Simmons CCD 20 Thalmann CCD 25 ED 15A ED 15B, that portion located on Jekyll Island

Page 4029

District 3 Glynn Dock Junction CCD 10 ED's 16, 17, 18, 19, 21A, 21B and 21C District 4 Glynn Brunswick CCD 5 ED's 25, 26, 27, 28, 38, 40, 42, 43, and 9900 Dock Junction CCD 10 ED 20 District 5 Glynn Brunswick CCD 5 ED's 29, 30, 31, 32, 33, 34, 35, 36, 37, 39 and 41 For the purposes of this subsection, the designation `CCD' shall mean `Census County Division'; and the designation `ED' shall mean `Enumeration District'. The terms `Census County Division' and `Enumeration District' 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. (b) There shall be elected to the Board of Education of Glynn County two members from each of the education districts provided in subsection (a). One of the positions on the board from each education district shall be designated post 1 and the other position shall be designated post 2. A candidate may not offer for election to the board from any district other than the district in which his legal residence lies and shall designate the post for which he is a candidate. Each member of the board shall be elected by the qualified electors of the education district which he represents. A president and vice president of the board shall be elected by the board annually at its first meeting in January. The vice president shall act as president in the absence or disqualification of the president.

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(c) The terms of office of the members of the Board of Education of Glynn County in office on December 31, 1976, shall expire on January 1, 1977. At the 1976 general election, two members of the board shall be elected from each education district. The members of the board elected at said election from post 1 of each education district shall take office on January 1, 1977, and shall serve terms of two years and until their successors are elected and qualified. The members of the board elected at said election from post 2 of each education district shall take office on January 1, 1977, and shall serve terms of four years and until their successors are elected and qualified. Thereafter, successors to members of the board shall be elected at the general election immediately preceding the expiration of the member's term of office, shall take office on the first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified. (d) In the event any vacancy occurs in the office of a member of the Board of Education of Glynn County, the remaining members of the board shall select a successor who is a resident of the education district from which the member was elected whose position is vacant, to fill such vacancy until the next general election, at which time a successor shall be elected who is a resident of the education district from which the member was elected whose position is vacant, by the qualified electors of the education district from which the member was elected to serve out the unexpired term. (e) The Board of Education of Glynn County created by this Act shall be the successor to all the rights, powers, duties and obligations of the former Board of Education of Glynn County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 2 . It shall be the duty of the election superintendent of Glynn County to issue prior to April 4, 1976, the call for an election for the purpose of submitting this

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Act to the electors of the Glynn County School District for approval or rejection. The superintendent shall set May 4, 1976, as 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 Glynn County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating education districts from which members of the Board of Education of Glynn County shall be elected, providing for the election of members of the board by the qualified electors of the education district, terminating the existing terms of the members of the board, and providing for the election of all members of the board at the 1976 general election, 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 in accordance with the provisions of section 7, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Glynn 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 7 . Section 6 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. Subject to the approval of this Act as provided in section 6, section 1, 2, 3, 4 and 5 of this Act shall become effective on January 1, 1977, except that the provisions of section 1, 2 and 3 necessary for the election of the members of the Board of Education of Glynn County at the 1976 general election shall become effective upon the approval of this Act as provided in section 6.

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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 1976 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act to consolidate and amend `An Act to regulate public instruction in the county of Glynn,' approved February 21st, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), so as to change the composition and manner of election of the members of the school board; to provide for the appointment of the county school superintendent; to provide for a referendum and a special election; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 17th day of Jan., 1976. Eston A. Harden Representative 154th District Gene Leggett Representative 153rd District 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 20, 27, and February 3, 1976. /s/ Gene Leggett Representative 153rd District

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Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 1, 1976. BARROW COUNTY BOARD OF COMMISSIONERS RECREATED, ETC. No. 1378 (House Bill No. 1760). An Act to recreate and establish a Board of Commissioners of Barrow County; to provide for the powers of such Board; to establish qualifications for membership on the Board; to provide for election of Board members from road districts; to designate road districts; to require the posting of a bond by members of the Board; to provide for meetings of the Board; to provide for the election of a chairman; to provide for the filling of vacancies; to regulate the financial administration of the county; to prohibit certain conflicts of interest; to provide compensation for Board members; to provide for a clerk; to regulate purchasing; to specify the number necessary for a quorum and votes of the Board; to provide for maintenance of roads; to authorize employment of a county attorney; to require a bond for the clerk; to require publication of certain information; to repeal an Act creating a Board of Commissioners of Barrow County, approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended, particularly by an Act approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 756), an Act approved March 25, 1947 (Ga. L. 1947, p. 569), an Act approved February 8, 1951 (Ga. L. 1951, p. 2312), an Act approved March 9, 1955 (Ga. L. 1955, p. 3360), an Act approved February 13, 1956 (Ga. L. 1956, p. 2062), an Act approved April 5, 1961 (Ga. L. 1961, p. 2876), an Act approved June 30, 1964 (Ga. L.

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1964, Ex. Sess., p. 2235), an Act approved April 15, 1969 (Ga. L. 1969, p. 2654), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3322); to provide for all other matters relevant thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby re-created and established a Board of Commissioners of Barrow County, hereinafter referred to as the Board, to be composed of four members selected in the manner otherwise provided in this Act. Recreated. Section 2 . The Board of Commissioners of Barrow County shall have such control of the county affairs as is now conferred by law, and all the powers, rights, duties, liabilities, responsibilities and prohibitions which were previously conferred by law upon the Board of Commissioners of Barrow County, and which are not in conflict with this Act, are hereby expressly preserved and shall devolve upon and shall be exercised by the Board of Commissioners of Barrow County herein created. Said powers, rights, duties, liabilities, responsibilities and prohibitions shall be in addition to and supplemental of all such authorities and liabilities as may hereinafter be conferred upon said Board. Powers. Section 3 . Any person, in order to be eligible for membership on the Board, must be qualified and registered to vote in Barrow County for members of the General Assembly; must be of good moral character and legally qualified to hold public office; and, except in the case of the chairman, must be a bona fide resident of the Road District from which he is elected. Eligibility. Section 4 . For the purposes of this Act, Barrow County shall be divided into three road districts to be constituted as follows, to wit: Road District No. 1 shall be composed of the Houses Militia District; Road District No. 2 shall be composed of Chandlers, Statham, Jones and Bethlehem Districts; and Road District No. 3 shall be composed of Ben Smith, Auburn, Pentecost and Cains Militia Districts. Districts.

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Section 5 . (a) One member of the Board shall be from each Road District and shall be a bona fide resident of the Road District he represents. One member of the Board, who may reside in any Road District, shall be elected as chairman. Each member of the Board shall be elected by the qualified voters of the entire county. In all elections conducted pursuant to this Act, each candidate, except for the chairman, shall designate, at the time of qualifying, the Road District from which he offers as a candidate. To be elected as a member of the Board, a candidate must receive the highest number of votes cast for the seat he is seeking and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat in accordance with the provisions of the Georgia Election Code, as now or hereafter amended. Members. (b) The persons presently serving as the Board shall continue to serve as the Board until the election and qualification of their successors, as provided in this Act. The first persons to be elected under the provisions of this Act shall be elected at the general election held in 1976, and each of their terms shall commence on the first day of January, 1977. (c) The terms of office of each commissioner and the chairman, except as otherwise provided herein, shall be four years and until their successors are elected and qualified. All of the electors of Barrow County shall be eligible to cast their vote for the candidate of their choice offering for election to the Board from each of the three Road Districts and as chairman. Section 6 . Before entering upon the discharge of their duties, the commissioners shall subscribe an oath before the Judge of the Probate Court of Barrow County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. The commissioners shall each give a satisfactory surety bond, approved by and payable to the Judge of the Probate

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Court of Barrow County and filed in the office of the Judge of the Probate Court, in the sum of twenty-five thousand dollars ($25,000.00), conditioned upon the faithful performance of the duties of their office. The cost of the bonds shall be paid from the funds of Barrow County. Oath. Section 7 . The chairman shall preside at all meetings of the Board. In the event of death, disqualification or resignation of the chairman, the Board shall select a new chairman to serve until the next general election, when a successor shall be elected by the voters of the county for the remainder of the unexpired term, if any. A chairman pro tempore, to be selected by the Board, shall preside at Board meetings in the absence of the chairman. Chairman. Section 8 . (a) Should vacancy occur on the Board, the remaining commissioners shall select and appoint a successor to fill out the unexpired term until the next general election, when a successor shall be elected by the voters of the county for the remainder of the unexpired term, if any. Should the remaining commissioners be unable to agree on such an appointment, a successor shall be appointed by the Judge of the Superior Court of Barrow County for the remainder of the unexpired term until the next general election, when a successor shall be elected by the voters of the county for the remainder of the unexpired term, if any. Any person elected by the voters of the county to fill out an unexpired term shall take office on the first day of January in the year following his election. Vacancy. (b) Any successor to a vacancy under the provisions of this section, except in the case of the chairman, shall be a resident of the Road District when the vacancy occurs. Section 9 . The Board shall not pay out any money for any purpose except on the submission of an itemized account and approval by a majority vote of the Board. After approval of an account, a check in payment therefor shall be issued and signed within thirty days of such approval; and all checks or vouchers shall be signed by the chairman and countersigned by the clerk, except that after an account has been approved by the Board for payment the other

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three members of the Board are hereby authorized to sign a check or voucher for payment of such account in lieu of the chairman in the event of the chairman's inability or refusal to so sign. Accounts. Section 10 . No member of the Board shall hold any subordinate position of the Board; nor shall any member of any firm of which he may be a member or any corporation in which he may own stock, or by which he may be employed, buy anything from or sell anything to or perform any contract of service, either directly or indirectly of any character whatever, with the Board. Section 11 . (a) The chairman of the Board shall be compensated in the amount of $12,000.00 per annum, payable in equal monthly installments from the funds of Barrow County, and he shall be on a full-time basis and devote himself solely to the duties of his office. The other members of the Board shall be compensated in the amount of $200.00 per month, to be paid from the funds of Barrow County, and shall devote the time necessary in assisting the chairman. The chairman and members of the Board of Commissioners shall be reimbursed from the funds of Barrow County for the necessary and actual expenses in the execution of their official duties. Salaries. (b) The Board shall elect a clerk whose duty shall be to keep a full and accurate record of all the actions and doings of the Board at the courthouse of said county, which records shall be opened for the inspection of the public at all times during office hours and when the Board is not in session he shall perform such other duties and keep such records as required by law or may be required of him by the Board, and for his services he shall receive an amount of compensation to be determined by the Board, payable monthly, and with the further provision that the clerk shall not be a member of the Board and shall give his entire time to the work of his office. Section 12 . The Board shall be the purchasing agent of Barrow County and shall purchase any and all things for the use of the county. Requests for supplies must be submitted

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to the Board in duplicate and purchased by the Board, except for such limit as may be given any county official by the Board. For all purchases of $500.00 or more, the Board shall request bids and such bids may be requested by either one or more of the following methods: (1) the publication of the request for bids one time in a newspaper of general circulation in Barrow County; (2) the posting on the Barrow County courthouse door for a period of three days the request for such bid; (3) the notification of the request for such bids by mail of two known eligible bidders within Barrow County and or such bidders outside Barrow County as the Board shall deem expedient. Purchasing agent. Section 13 . The Board shall hold at least one session on the first Tuesday in each month at the county site in the county courthouse, where the clerk of the Board shall keep office. At the request of a majority of the Board, the chairman may at any time call an extra session. The commissioners shall have the right to adjourn from day to day until they finish their business. A quorum shall consist of three members of the Board. An affirmative vote of a majority of the quorum present at any meeting of the Board shall be necessary to pass any order or any subject matter; provided, that if the chairman shall nay on any order or any subject matter, it shall take an affirmative vote of three members to pass the said order or matter. The chairman may vote on all measures before the Board. Meetings. Section 14 . The Board shall not neglect any public road in the county, nor refuse to keep up a road that has been built, and they shall not build more roads in one section of the county than in another, except farm to market roads, and the work shall be fairly and equitably divided between the different road districts according to the needs of the roads of said districts. Roads. Section 15 . The Board shall have the authority to employ a county attorney who shall be a resident of Barrow County and who shall receive an annual retainer in an amount determined by the Board, payable in equal monthly installments from the funds of Barrow County. The county attorney shall be entitled to such other reasonable compensation

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for services rendered to Barrow County as may be approved by the Board. County Attorney. Section 16 . The clerk of the Board shall give a surety bond in the sum of $25,000.00, to be approved by the Judge of the Probate Court of the county, and payable to the Judge of the Probate Court of the county, for the faithful performance of any and all duties of said office, said bond to be paid for by Barrow County. The property of said clerk, as well as the security on this bond, shall be bound from the time of execution thereof for the payment of any and all liability arising from the breach of said bond. Clerk. Section 17 . The Board shall cause to be published in the official county organ, under oath, a financial statement and an audit report prepared by a certified public accountant covering the financial affairs of the county for the immediately preceding fiscal year. The publication shall occur not later than May 1 in any year. Audit report. Section 18 . An Act creating a Board of Commissioners of Barrow County, approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended, particularly by an Act approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 756), an Act approved March 25, 1947 (Ga. L. 1947, p. 569), an Act approved February 8, 1951 (Ga. L. 1951, p. 2312), an Act approved March 9, 1955 (Ga. L. 1955, p. 3360), an Act approved February 13, 1956 (Ga. L. 1956, p. 2062), an Act approved April 5, 1961 (Ga. L. 1961, p. 2876), an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2235), an Act approved April 15, 1969 (Ga. L. 1969, p. 2654), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3322) is hereby repealed in its entirety. Section 19 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Barrow County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1976 Session of the General Assembly of Georgia, a

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bill to amend the act creating the County of Barrow so as to recreate Barrow County Board of Commissioners; and for other purposes. This 22nd day of December, 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: December 23, 30, 1975 and January 7, 1976. /s/ John D. Russell Representative, 64th District Sworn to and subscribed before me, this 28th day of January, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 2, 1976. CERTAIN COUNTIESSMALL CLAIMS COURTS CREATED. (32,300 - 32,660). No. 1379 (House Bill No. 1991). An Act to create and establish a Small Claims Court in each county of this State having a population of not less than 32,300 and not more than 32,660, according to the

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United States Decennial Census of 1970, or any future such census; 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 validating the acts of said court and the proceedings therein; 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 and established a Small Claims Court in each county of this State having a population of not less than 32,300 and not more than 32,660, according to the United States Decennial Census of 1970, or any future such census. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Creation.

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Section 2 . Any person appointed as a judge of any small claims court created by this Act must be a resident of the 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 the 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. Vacancy. 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,

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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. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to

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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 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

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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. 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.

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Section 13 . The judge of the Superior Court of the county may 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. Section 16 . Appeals may be had from judgments returned in the Small Claims Court to the superior court,

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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 CourtCounty Georgia Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim, and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim, which is to be filed with the court may be verified by the plaintiff or his agent as follows:) State of Georgia County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

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Sworn and subscribed before me thisday of, 19. Notice. You are hereby notified thathas made a claim and is requesting judgment against you in the sum of dollars (), as shown by the foregoing statement. The court will hold a hearing upon this claim on at .m. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. It you admit the claim, but desire additional time to pay,

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you must come to the hearing in person and state the circumstance to the court. You may come with or without an attorney. Judge-Clerk of the Small Claims Court ofCounty (Seal). 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 by the Governor and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Governor, and such successor shall serve for the remainder of the unexpired term. Judge. Section 19 . All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Courtroom. Section 20 . Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in

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the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 21 . 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 22 . 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 23 . 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. Fees.

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Section 24 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsection, sentence, 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 25 . This Act shall become effective on January 1, 1977, provided the electorate of said counties have approved the creation of a small claims court by referenda vote in November 1976. Effective date. Section 26 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1976. TOWN OF LYERLYNEW CHARTER. No. 1382 (House Bill No. 1904). An Act to reincorporate the Town of Lyerly in the County of Chattooga; to create a new charter for said town; to provide for the name, powers and corporate limits of said town; to provide for the government of said town; to provide for the legislative branch; to provide for the executive branch; to provide for a mayor's court; to provide for elections; to provide for financial and fiscal matters; to provide for municipal services and regulatory functions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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ARTICLE I INCORPORATION Section 1.10. Incorporation . This Act shall constitute the whole charter of the Town of Lyerly repealing and replacing the charter provided by an Act of the General Assembly approved September 29, 1891 (Ga. L. 1890-91, pp. 814, 816), as amended. The Town of Lyerly, Georgia, in the County of Chattooga and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of the Town of Lyerly, 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 Town of Lyerly 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 Town of Lyerly at all times shall be shown on a map to be retained permanently in the office of the town clerk and to be designated: map of Lyerly, 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 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 1.12. Specific Powers . The corporate powers of the government of the Town of Lyerly, to be exercised by the governing authority, may include the following:

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(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 town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (4) to appropriate and borrow money for the payment of debts of the town, 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 town; (6) 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; (7) 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 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

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a system of waterworks, sewers and drains, sewage disposal, 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 35 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 town; (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 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; (13) to require real estate owners to repair and maintain

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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 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 fortunetelling 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 obstructures 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 of Lyerly; 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;

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(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 town; (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 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 in the Town of Lyerly 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;

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(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 Town of Lyerly; 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 town 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 Town of Lyerly; 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 town 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 Town of Lyerly; and to prohibit or regulate by ordinance such other conduct and activities within the town 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 town or to the welfare of the citizens thereof;

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(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 town; (36) to regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate 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 town; (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 town; 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 town and the inhabitants thereof and for preserving the health, peace, order and good government of the town; (42) to provide penalties for violations of any ordinance

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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 town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the town; (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 town 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 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 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 1.14. Construction . The powers of the town shall

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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 1.15. 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. ARTICLE II LEGISLATIVE BRANCH Chapter 1. Governing Body Section 2.10. Creation; Number; Election . The legislative authority of the government of the Town of Lyerly, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five (5) councilmen, who 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. Term and Qualifications of Office . The members of the council shall serve for terms of two (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless said person shall have been a resident of the town for a period of one (1) year immediately prior to the date of the election to said office; shall continue to reside

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therein during said person's period of service; and shall be registered and qualified to vote in municipal elections of the Town of Lyerly, and unless said persons 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 said office if said person: (1) lacks at any time during said person's 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 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 of this charter. 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; provided, however, no increase in 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. Section 2.14. Prohibitions . (a) Holding Other OfficeExcept as authorized by law, no member of the council or mayor shall hold any other elective town office or town employment during the term for which said person was elected.

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(b) Voting When Personally InterestedNeither the mayor nor any other member of the council shall vote upon any question in which said person is personally interested. Section 2.15. 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 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 Town of Lyerly 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 Lyerly 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 town 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 2.20. Organization . (a) At the first regular meeting in each year, the oath of office shall be administered to the mayor and councilmen beginning a new term of office as follows:

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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 of Lyerly 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 may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the town subject to the provisions of this charter and the ordinances of the town 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. Section 2.21. Regular and Special Meetings . (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix, and may transact any business at such continued meeting that may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three (3) members of the council. Notice of such special meetings shall be served on all other members 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.

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(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 . Any three (3) members of the town council shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adopting 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. 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. (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, except ordinances may be adopted at the first meeting where they are originally introduced upon the affirmative vote of all members present. Upon introduction of any ordinance, the clerk shall distribute a copy of each member of the council and shall file a reasonable number of copies in the office of the clerk. 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,

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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 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 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 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 shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council.

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(b) The council may provide for the preparation of a general codification of all of the ordinances of the town 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 four of its members, excluding the mayor, 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 town council over the mayor's veto as provided by this section. ARTICLE III EXECUTIVE BRANCH Chapter 1. Mayor Section 3.10. Chief Executive Officer . The mayor shall be the chief executive of the Town of Lyerly. He shall possess, have, and exercise all of the executive and administrative

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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 3.11. Powers and Duties . (a) As the chief executive of the Town of Lyerly, 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 and subject to review by the council; (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, or she, 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 2.28; (9) Examine and audit all accounts of the town before payment; (10) Require any department, agency or officer of the

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town to submit written reports on the duties thereof whenever he or she 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) Be the official head of the town for the service of process and for ceremonial purposes; (14) See that all meetings are conducted in a parliamentary manner, and shall preserve order and decorum in such meetings; (15) See that all funds of the town are properly accounted for and that all revenues are properly and promptly collected; (16) 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; (17) Vote at council meetings only in case of a tie vote among councilmen; (18) See that order is maintained in the town and that its property and effects are preserved; (19) 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 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;

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(3) Do acts and things as may be proper and necessary in the proper conduct of the affairs of the town and as may be hereafter authorized. Section 3.12. Mayor Pro Tem . During the absence or disability of the mayor for any cause, the mayor pro tem., appointed by the council, or in his absence or disability for any reason, any councilman 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 offices, positions of employment, departments and agencies of the town, as they shall deem necessary for the proper administration of the affairs and government of the town. 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 town. (b) The operations and responsibilities of each department now or hereafter 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 town council. (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.

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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 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 3.21. 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 member 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 said member shall have executed and filed with the clerk of council an oath obligating himself to perform faithfully and impartially the duties of such 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 three (3) members of the council. (e) Members of boards, commissions and authorities may receive expenses in the performance of their official duties as approved by the council.

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(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 town clerk. Section 3.22. Town Attorney . The council shall appoint a town attorney and shall provide for the payment of such attorney for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required of him by virtue of his position as town attorney. Section 3.23. Town Clerk . The council may appoint a town clerk to keep a journal of the proceedings of the town council and to maintain in a safe place all records and documents pertaining to the affairs of the town and to perform such other duties as may be regarded by law or as the council may direct. Section 3.24. Consolidation of Functions . The council may consolidate any two or more of the positions of town clerk and town tax collector, 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.

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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 Town of Lyerly. ARTICLE IV MAYOR'S COURT Section 4.10 . There is hereby established a court to be known as the mayor's court of the Town of Lyerly which shall have jurisdiction and authority to try offenses against the laws and ordinances of the 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 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. Should both the judge and the judge 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 judge when so acting. Section 4.11 . (a) The Mayor of the Town of Lyerly 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 or disability of the judge.

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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 Town of Lyerly 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 $50.00 or 10 days in jail. The mayor'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 town 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 Town of Lyerly or Chattooga County. (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 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 judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if much 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 Lyerly, or the property so deposited shall have a lien against it for the value forfeited, which lien shall

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be enforceable in the same manner and to the same extent as a lien for town 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 the jurisdiction and powers throughout the entire area of the Town of Lyerly granted by State laws generally to mayor'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 Chattooga 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 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 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

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town 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. Section 4.16. Powers . The mayor, and mayor pro tem. shall have ex officio the powers of a justice of the peace to issue warrants for the violation of criminal laws of the State committed in the Town of Lyerly, 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 Town of Lyerly 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 Town of Lyerly. 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 and five (5) councilmen shall be elected on the second Monday in January, 1978, and on that date every two (2) years thereafter. Their terms of office shall begin on the first meeting of the town council following their election.

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Section 5.13. Vacancies . In the event that the office of mayor shall become vacant for any cause whatsoever, the 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 town council. The tenure of office of 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 town 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 town's list of electors under the provisions of the Georgia Municipal Election Code. (c) No person shall vote in any Town of Lyerly election unless said person shall be a registered voter, qualified as required by law to vote in municipal elections in the Town of Lyerly. 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 Town of Lyerly. The council shall use the county assessment for the year in which the town taxes are to be levied and shall request the county to furnish appropriate information for such purpose.

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Section 6.11. Tax Levy . The council shall be authorized to levy an ad valorem tax on all taxable real and personal property within the corporate limits of the town for the purpose of raising revenues to defray the costs of operating the town 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 Town of Lyerly 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 town 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. 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 town clerk or tax collector and executed by any police officer of the town 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 town 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. 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 Town of Lyerly, both individual and corporate, and upon all those who transact or offer to transact business therein, or

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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 town; 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 Town of Lyerly and to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said town. 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 the lien for town 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 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 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 town property taxes, and shall be enforceable in

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the same manner and under the same remedies as a lien for town 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 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 town property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this Article for town property taxes. Section 6.18. Transfer of Executions . The town 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. fa. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the town, 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. Chapter 2. Indebtedness Section 6.20. General Obligation Bonds . The council shall have the power to issue bonds for the purpose of raising

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revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue Bonds . Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.22. Short-Term Notes . Pursuant to applicable State law, the town 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 town government, unless otherwise provided by State or federal law. Section 6.31. Submission of Operating Budget to Town Council . On or before a date fixed by the council but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for and all supporting documents shall be filed in the office of the town clerk 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 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.

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(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 Town of Lyerly. 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 Lyerly. 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 town 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 Town of Lyerly. (b) Except as otherwise provided by law, the council may sell and convey any real or personal property owned or held

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by the Town of Lyerly 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. 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 Town of Lyerly. 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 7.11. 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 Town of Lyerly. 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 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

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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 7.13. Right-of-way . The town 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 Chattooga 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 town. 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 Town of Lyerly, regardless of whether or not the subject has an office or establishment within said town. 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 town 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 7.15. Franchises . The council shall have authority to exercise control over the use of streets of the Town of

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Lyerly. 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 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-five (35) 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 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.

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ARTICLE VIII MISCELLANEOUS Section 8.10. Official Bonds . The officers and employees of the Town of Lyerly, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the town council may from time to time require. Section 8.11. Existing Ordinances, Rules and Terms of Office . Existing ordinances and resolutions of the Town of Lyerly 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 Town of Lyerly 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 Town of Lyerly 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 misdemeanor and shall be punishable by a fine of not more than 500 dollars or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 8.14. Severability . If any Article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that all Articles,

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sections, subsections, paragraphs, sentences or parts thereof be enacted separately and independently of one another. Section 8.15. 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 1976 session of the General Assembly of Georgia a bill to provide a new Charter for the Town of Lyerly, to provide for all matters relative thereto, and for other purposes. This 31st day of December, 1975. John Crawford Representative 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crawford who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 1, 8, 15, 1976. /s/ John Crawford Representative 5th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 5, 1976.

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COMPENSATION TO DENNIS M. COX AUTHORIZED. No. 127 (House Resolution No. 21-130). A Resolution. Compensating Mr. Dennis M. Cox; and for other purposes. Whereas, on August 27, 1974, two patients escaped from Central State Hospital and entered upon the farm of Mr. Dennis M. Cox, Lawrence Road, Baldwin County, Georgia; and Whereas, the patients confiscated a tractor and other equipment which was being used to harvest hay and damaged fences and gates throughout Mr. Cox's farm; and Whereas, Mr. Cox was required to expend $105.56 to repair his fences and gates and also suffered damages from not being able to harvest his hay totaling $954.00; and Whereas, said damages and losses occurred through no fault or negligence on the part of Mr. Cox, and it is only fitting and proper that he be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Human Resources is hereby authorized and directed to pay the sum of $105.56 to Mr. Dennis M. Cox 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 7, 1976.

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COMPENSATION TO BOSTON FARM CENTER, INC. AUTHORIZED. No. 128 (House Resolution No. 97-388). A Resolution. Compensating Boston Farm Center, Inc.; and for other purposes. Whereas, on Tuesday, July 3, 1973, at approximately 9:15 a.m., Mr. Van Franklin Murphy was driving a 1968 White tractor and trailer, belonging to Boston Farm Center, Inc., east on Georgia Highway 364 approximately 2.1 miles west of the limits of Dixie, Brooks County, Georgia; and Whereas, while Mr. Murphy's vision was obscured by sun glare, he collided with a tree which had fallen across the road during the night, causing personal injury to himself and Mr. Steve Gordon, a passenger in the truck, and property damage to the truck in a total amount of $12,000.00; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Murphy or the Boston Farm Center, Inc., 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 Transportation is hereby authorized and directed to pay the sum of $3,937.50 to Boston Farm Center, Inc. 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 7, 1976.

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CERTAIN SUPERIOR COURT JUDGE EMERITUSCERTAIN PAYMENT PROVIDED. (79,600 - 81,000). No. 1401 (Senate Bill No. 615). An Act to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties; to provide the method of making such payments by the governing authorities of such counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . In all judicial circuits of this State having a population of not less than 79,600 nor more than 81,000, according to the United States Decennial Census of 1970 or any future such census, whenever a judge or judges of the superior courts of such circuits request a judge emeritus of the superior courts to serve as provided by law on the superior court of any county of said circuit, the governing authority of such county shall pay the sum of $50.00 per diem to such judge emeritus of the superior courts for each day of such service upon the filing of a certificate with the governing authority showing the number of days of such service and the amount due. Said sums shall be considered as a contingent expense of said courts. Section 2 . This Act shall be in addition and supplemental to other provisions provided by law, with the view toward the efficient and orderly administration of justice. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1976.

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CITY OF EUHARLEENEW CHARTERREFERENDUM. No. 1430 (House Bill No. 1876). An Act to provide a new Charter for the Town of Euharlee, Georgia, in the county of Bartow; to provide for the incorporation of said town as the City of Euharlee; to provide for corporate boundaries; to provide for the corporate powers of the government of the City of Euharlee, 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

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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, 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 penlties; to provide for other matters relative to the foregoing; to repeal an Act incorporating the Town of Euharlee, approved September 16, 1870 (Ga. L. 1870, p. 188); 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 Charter of the City of Euharlee, Georgia, repealing and replacing the charter provided by an Act of the General Assembly approved September 16, 1870 (Ga. L. 1870, p. 188). The City of Euharlee, Georgia, in the County of Bartow, and the inhabitants thereof, are hereby constituted

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and declared a body politic and corporate under the same name and style of Euharlee, 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 limits of said city shall extend one mile in every direction from the former site of the Euharlee Academy, as established in 1870, and now the present site of the Euharlee Grammar School building; provided, however, where the one mile line intersects Hardin Bridge Road, the city limit's line shall thence run southerly following the center line of Hardin Bridge Road to its intersection with the south line of Land Lot 913; thence run east along the south land lot line of whole Land Lot No. 913 to its intersection with the center line of Jones Branch, also known as Euharlee Creek; thence running a northeasterly and northwesterly direction following the meanderings of the center line of Jones Branch to its intersection with the aforesaid one mile line; thence continuing easterly on the said one mile line to its intersection with the center line of the Etowah River; thence following the center line of the meandering of the Etowah River to its intersection with the east land lot line of whole Land Lot No. 686; thence running north along the east land lot line of whole Land Lot Nos. 686 and 683 to the southeast land lot corner of whole Land Lot No. 614; thence turn west and run along the south land lot line of whole Land Lot Nos. 614, 615, 616, 617 and 618 back to the Etowah River; thence running northerly following the meandering of the center line of the Etowah River to a point where the center line of the Etowah River intersects with the aforesaid one mile line, all lying and being in the 17th District and 3rd Section of Bartow County, Georgia. Section 1.12. Specific Powers . The corporate powers of the government of the City of Euharlee, to be exercised by the governing authority, shall include the following: (1) to levy and to provide for the assessment, valuation,

Page 4093

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, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes,

Page 4094

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; (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

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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;

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(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 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 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;

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(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, cleaniness, 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 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 Euharlee; 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 deterimental and offensive to the peace and good order of the City of Euharlee 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

Page 4098

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 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;

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(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 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

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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 Euharlee 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 . (a) Except as hereinafter provided in subsection (b), the term of office of the mayor shall be for two years, and the terms of office of the councilmen shall be or four 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 Euharlee; 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. (b) The present president of the commissioners shall serve as the initial mayor of the city under this charter, and he shall serve as such until his successor is elected in 1980. The remaining commissioners shall serve as two of the four councilmen until their successors are likewise elected in 1980. The remaining two councilmen shall be elected in a special election provided for in section 7.15 who shall serve for initial terms of two years and until their successors are elected and qualified in 1978.

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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 and councilmen shall receive as compensation for their services such sums as they shall fix by appropriate action of the governing authority. 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

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charter, the council shall be vested with all the powers of government for the City of Euharlee as provided by Article 1. (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 Euharlee. 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 Euharlee. 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 2.18. 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;

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(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. 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 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 Euharlee and that I will support and defend

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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 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

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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 Euharlee 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 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 2.26 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

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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 Euharlee, 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 Euharlee, 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 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

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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 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, 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

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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, 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

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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. 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 Euharlee 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

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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 Euharlee. 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 Euharlee 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 sale. 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 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

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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 Euharlee 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 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 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 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

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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. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Euharlee 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 Bartow 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

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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 a mayor's court proceedings at least forty-eight (48) hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections . The municipal general election shall be held on the first Saturday in January of each even-numbered year. 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. 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 procedures as may be necessary for the conduct of elections in the City of Euharlee. Section 5.12. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Euharlee 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.

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Upon all four 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 four 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 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 5.15. 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. 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.

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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 Bartow 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 Bartow 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 Euharlee. 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 Euharlee 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

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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 occupational taxes upon the residents of the City of Euharlee, 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 Euharlee 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.

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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 benefitting 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 asssessed, 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 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 percent (7%) per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes. 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

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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 the general laws of the State. Such bonding authority shall be exercised in accordance with the law 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

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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. Section 6.26. Centralized Purchasing . (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Euharlee. (b) The council may sell and convey any real or personal property owned or held by the City of Euharlee 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

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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 Euharlee shall execute such official bond 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 Euharlee 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 Euharlee not inconsistent with the provisions of the 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 time and imprisonment. Section 7.14. Specific Repealer . An Act incorporating the Town of Euharlee in the County of Bartow, approved September 16, 1870 (Ga. L. 1870, p 188), 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.

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Section 7.15. Special Election . (a) Not less than 5 nor more than 10 days after the dote 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 Euharlee to issue the call for an election for the purpose of submitting to the electors of the City of Euharlee the question of extending the terms of office of the governing authority of said city who were elected in the 1976 general election. 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 Bartow County. The ballot shall have written or printed thereon the words. () YES () NO Shall the terms of office of the governing authority of the City of Euharlee who were elected in 1976 be extended until 1980? Referendum. All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast on such question are for approval, the terms of office of such municipal officers shall be extended, otherwise such terms shall not be extended. The expense of such election shall be borne by the city of Euharlee. 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. (b) On the date of the election provided for in subsection (a) above, there shall be conducted a special election for the purpose of electing two additional councilmen to serve until their successors are duly elected and qualified in 1978. Section 7.16. Severability . If any article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair

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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 7.17. Repealer . All laws and parts of laws in conflict with this charter are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January, 1976, session of the General Assembly of Georgia: An act to revise and provide a new Charter for the City of Euharlee; to repeal conflicting laws; and for other purposes. Joe Frank Harris Representative District 8, Post 1 Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 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: January 22, 29 and February 5, 1976. /s/ Joe Frank Harris Representative, 8th District.

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Sworn to and subscribed before me, this 12th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 7, 1976. COMPENSATION TO GAIL E. RYAN AUTHORIZED No. 130 (House Resolution No. 492-1322). A Resolution. Compensating Gail E. Ryan; and for other purposes. Whereas, on October 20, 1975, three prisoners from the Georgia State Prison who were being treated in the dermatology clinic at the Medical College of Georgia escaped from their guards; and Whereas, the prisoners took weapons from the guards; and Whereas, while attempting to complete their escape there was an exchange of gunfire in the parking lot of the Endocrinology Building at the Medical College of Georgia; and Whereas, during the shoot-out, a 1965 Impala convertible owned by Gail E. Ryan was damaged; and Whereas, the windshield was shattered, and the convertible top of the automobile was punctured and torn; and Whereas, the defrost and heating system of the automobile

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was sprayed with silvers of glass causing the system to become inoperative; and Whereas, the estimated cost to repair the automobile is $300.00; and Whereas, Gail E. Ryan did not carry comprehensive insurance to cover this loss; and Whereas, the automobile of Gail E. Ryan was damaged through no fault on her part, and it is only just and proper that she be compensated for her damages. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Offender rehabilitation is hereby authorized and directed to pay the sum of $300.00 to Gail E. Ryan 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 7, 1976. COMPENSATION TO FLOYD M. HILLEY AUTHORIZED No. 132 (House Resolution No. 496-1333). A Resolution. Compensating Mr. Floyd M. Hilley; and for other purposes. Whereas, on April 5, 1971, a 1969 Toyota owned and operated by Mr. William L. Ramsey was stopped for a red light at the intersection of Fifth Street and Railroad Street in the City of Tifton, Georgia, and while stopped was struck from the rear by a 1969 Chevrolet dump truck owned by the State Highway Department, now known as the State Department of Transportation, and operated by Mr. Floyd M. Hilley and;

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Whereas, said accident occurred while Mr. Hilley was attempting to get the dump truck off the railroad tracks to avoid an approaching train; and Whereas, as a result of said accident a judgment was obtained against Mr. Hilley in the amount of $890.40; and Whereas, it is only fitting and proper that Mr. Hilley not suffer personal loss as a result of his actions. 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 $890.40 to Mr. Floyd M. Hilley 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 7, 1976. COMPENSATION TO EDWIN J. ODOM AUTHORIZED. No. 133 (House Resolution No. 504-1344). A Resolution. Compensating Mr. Edwin J. Odom; and for othher purposes. Whereas, Mr. Edwin J. Odom was hospitalized from September 19, 1971, to October 1, 1971, for lumbar laminectomy because of spondylolisthesis as the result of a military service incurred back condition; and Whereas, prior to this hospitalization, Mr. Odom was advised as to his rights to increased veterans' benefits by an employee of the State Department of Veterans Service; and

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Whereas, as a result of failure to give complete and accurate advice by such employee, Mr. Odom's claim for increased benefits was denied by the U. S. Veterans Administration because his claim had not been timely filed; and Whereas, as a result of such erroneous advice, Mr. Odom was denied benefits in the amount of $2,475.50 through no fault or negligence of his own. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Veterans Service is hereby authorized and directed to pay the sum of $2,475.50 to Mr. Edwin J. Odom 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 7, 1976. COMPENSATION TO DR. RICHARD E. WOOLEY AUTHORIZED. No. 134 (House Resolution No. 518-1385). A Resolution. Compensating Dr. Richard E. Wooley; and for other purposes. Whereas, on September 15, 1975, the 1968 Austin American of Dr. Richard E. Wooley was legally parked in the Veterinary Medicine parking lot on the south side of the College of Veterinary Medicine, University of Georgia, Athens, Georgia; and Whereas, Mr. Nathaniel Latimer, an employee of the Grounds Department, Physical Plant Division of the University

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of Georgia, parked a wagon containing tools used in lawn mowing, which wagon rolled down the slope on which it was parked and into the Veterinary Medicine parking lot, thereby striking a parked 1971 Porsche which then struck Dr. Wooley's car, causing property damage in the amount of $800; and Whereas, the accident occurred through no fault or negligence of Dr. Wooley, 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 $800 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 7, 1976. CITY OF ROBERTANEW CHARTER. No. 1433 (House Bill No. 1909). An Act to provide a new Charter for the City of Roberta, Georgia, in the County of Crawford; 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:

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ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation . This Act shall constitute the whole Charter of the City of Roberta, repealing and replacing the charter provided by an Act of the General Assembly approved December 10, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1273), as amended. The City of Roberta, Georgia, in the County of Crawford and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Roberta, 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 Roberta shall extend 1,200 yards in every direction from the Benjamin Hawkins Monument which is located in the center of said City of Roberta, and said corporate limits shall also include all that area adjoining the existing limits of the city on the west and southwest known as Linda Park Subdivision, and as shown in plat of said subdivision made by Winchester Engineering Company, a copy of which is of record in Plat Book 1, page 45, in the office of the Clerk of the Superior Court of Crawford County, Georgia. The current boundaries of the City of Roberta shall, whenever possible, be shown on a map to be retained permanently in the office of the city clerk and to be designated: Roberta, 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.

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Section 1.12. Specific Powers . The corporate powers of the government of the City of Roberta, 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, 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;

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(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 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 35 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

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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 a 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 Roberta; 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;

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(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, but only after notice has been given to the owner of such building or structure and there has been no undertaking by the owner to remove such building or structure within a period of 60 days after such notice. Upon the city destroying or removing such building or structure, the owner thereof shall be assessed and shall be liable for the actual cost of such destruction or removal; (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 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 Roberta 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

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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 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 of Roberta; 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 Roberta; 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 Roberta; and to prohibit

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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; (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;

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(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 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

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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 or the City of Roberta, 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 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 Roberta and continues to reside in the city during his period of service. He shall also be registered and qualified to vote in municipal

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elections of the City of Roberta 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 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 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) Except as authorized by law, no members 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

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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 Roberta 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 Roberta 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

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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; (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 this section of the 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. The mayor shall elect one of the members of the council to be mayor pro tem. who shall serve for a term of one year and until his successor is elected and qualified. Section 2.30. Organization 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 as follows:

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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 Roberta 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 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

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vote of three councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. In all matters of business, the mayor shall have no vote except in the event of a tie vote between the councilmen present and voting. Section 2.34. Action Requiring an Ordinance . 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, 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 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 of 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

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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. Singning, Authenticating, Recording; Codification . (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 Roberta, 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 typed promptly following its adoption. Following publication of the first Code of the City of Roberta and at all times thereafter, the ordinances and charter amendments shall be typed 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 charges in or additions to codes of technical regulations and other rules and regulations included in the code.

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Section 2.38. Submission of Ordinances to the Mayor . (a) Every ordinance adopted by the council shall be presently 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, 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

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among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees and positions as may be provided by this charter or by ordinance and shall be subject to the general superivision 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, committees and authorities shall be appointed by the mayor 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, committee 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, committee 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

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the duties of (name office) of the City of Roberta and that I will support and defend the charter thereof. (d) Any member of a board, commission, committee or authority may be removed from office for cause by the mayor or by a vote of three members of the council. (e) Members of boards, commissions, committees 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, committees 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, committee 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, committee 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 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.

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Section 3.30. 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 3.31. 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 3.32. City Accountant . The council may appoint a city accountant to perform the duties of an accountant. Section 3.33. 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. Section 3.40. 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 Roberta 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 3.41. 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

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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 Roberta. 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 Roberta 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 mayor, or in the absence of the mayor, the mayor may appoint the mayor pro tem. or another member of the council to so preside. Section 4.11. 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 4.12. Jurisdiction; Powers . (a) The mayor's court shall try and punish for crimes against the City of Roberta 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

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$500.00 or imprisonment for 90 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. (b) 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 Roberta 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. (c) 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. (d) 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. (e) 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. (f) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of

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the City of Roberta 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 4.13. Appeal . The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Crawford 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 4.14. 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. 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 posts number three, four and five. The terms of office of members of the council shall begin at the end and hour of taking of oath of office as provided for in Article II, section 2.30 of this charter. A candidate for the office of mayor or for a post on the council shall designate the post for which he is offering as a candidate or designate that he is a candidate for the office of mayor. Section 5.11. Qualifying, Nomination of Candidates, Absentee Ballots . The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination

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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 Roberta. Section 5.20. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Roberta 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; provided, however, that 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 5.21. 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; (d) wilful violation of any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof; or

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(f) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.37. Procedure for Removal . 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 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 Crawford 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 Crawford 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 Roberta. 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 in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations.

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The City of Roberta 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 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 Roberta, 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

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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 Roberta, 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 Roberta 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 ordinances. 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 be levied against the owner or owners of

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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 degnity 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 Georga 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

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amended, or 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 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 mayor shall prepare and present to the council at its first meeting in March of each year, a proposed budget, a capital improvements program and a capital budget including requirements as to scope, content and form of such budgets and programs. The city council shall at the next regular meeting thereafter accept and adopt said proposed budgets and programs in the same manner provided in this charter for the adoption of ordinances; provided, if said proposed budgets and programs are rejected, the councilmen, as a committee of the whole, shall submit an amended or substitute proposal for said budgets and programs at a special meeting called for that purpose within two weeks of the date of said rejection. At said special budget meeting, no other matter shall be considered and the mayor's proposal, the councilmen's proposal or a compromise proposal shall be adopted before said meeting is adjourned. The adopted budgets and programs may be amended thereafter by appropriate ordinance as finances and circumstances require. 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 Roberta.

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(b) The council may sell and convey any real or personal property owned or held by the City of Roberta 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 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 appointed officers and employees of the City of Roberta shall execute such official bonds in such amounts and upon such terms and conditions as the city council may require from time to time. Official bonds may also be likewise required of elected officials of the city as the city council deems advisable. In either and both events, the city shall pay the premiums and costs of said bonds so required. Section 7.11. Existing Ordinances and Regulations .

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Existing ordinances and resolutions of the City of Roberta 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 Roberta 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 $500.00 or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 7.13. Specific Repealer . An Act incorporating the City of Roberta in the County of Crawford, approved December 10, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1273), 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 upon its approval by the Governor or upon its becoming law without his approval. 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 1976 regular session of the General Assembly of Georgia,

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a bill to provide a new charter for the City of Roberta, to provide for all matters relative thereto and for other purposes. John C. Scarborough, Jr. Attorney for the City of Roberta, Georgia 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 29, February 5, 12, 1976. /s/ Bryant Culpepper Representative 98th District Sworn to and subscribed before me, this 16th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 7, 1976. COMPENSATION TO MR. MRS. S. M. LYNCH AUTHORIZED. No. 135 (House Resolution No. 525-1426). A Resolution. Compensating Mr. and Mrs. S. M. Lynch; and for other purposes.

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Whereas, Mr. Gary Winston Lynch, the son of Mr. and Mrs. S. M. Lynch, was admitted to Central State Hospital, Milledgeville, Georgia, on December 6, 1968; and Whereas, on November 22, 1973, Gary Lynch was struck several times by another patient and suffered a broken femur after falling across a bench; and Whereas, during the month of February, 1974, while Gary Lynch was confined to bed with a broken right leg, his left leg and hip were broken without any explanation ever being given to Mr. and Mrs. Lynch; and Whereas, during the period from February, 1974, to July, 1974, Gary Lynch had a number of operations on his legs and treatment for serious bed scores; and Whereas, Mr. and Mrs. Lynch, in seeing about their son, were required to make 56 trips from Douglasville to Milledgeville and 14 trips from Douglasville to Augusta, which trips cost $6,328.00; and Whereas, the injuries occurred to Mr. Gary Lynch through fault and negligence on the part of officials and employees at Central State Hospital and through no fault or negligence on the part of Mr. and Mrs. S. M. Lynch, and it is only fitting and proper that they be reimbursed for the sums they spent in attending to their son. 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 $6,463.00 to Mr. and Mrs. S. M. Lynch as compensation for expenses, nursing care and other damages. 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 7, 1976.

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PEACH BLOSSOM TRAIL DESIGNATED. No. 136 (House Resolution No. 527-1426). A Resolution. Designating a portion of U. S. Highway 41 and a portion of U. S. Highway 341 as the Peach Blossom Trail; and for other purposes. Whereas, U. S. Highway 41, from its intersection with Interstate Highway 75 just south of the Atlanta airport to its intersection with the City of Barnesville, Georgia, and U. S. Highway 341, from Barnesville, Georgia, to its intersection with the City of Perry, Georgia, run through the heart of the Georgia peach industry; and Whereas, the peach industry is one of Georgia's oldest and most important industries; and Whereas, U. S. Highways 41 and 341 are in excellent condition, and if more motorists were aware of their close proximity to Interstate 75 and their beautiful surrounding countryside they could be utilized more effectively to offset the enormous traffic flow on Interstate 75; and Whereas, it would be fitting and proper to designate these portions of U. S. Highways 41 and 341 in recognition of the major importance of the peach industry to the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that U. S. Highway 41, from its intersection with Interstate Highway 75 just south of the Atlanta airport to its intersection with the City of Barnesville, Georgia, and U. S. Highway 341, from Barnesville, Georgia, to its intersection with the City of Perry, Georgia, are hereby designated as the Peach Blossom Trail. Be it further resolved that the State Department of Transportation is hereby authorized and directed to erect appropriate signs and markers along such portions of

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U. S. Highways 41 and 341 designating them as the Peach Blossom Trail; provided, however, that said Department shall not have the power to change the names of any streets along such route. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Director of the State Department of Transportation. Approved April 7, 1976. CITY OF PLAINSNEW CHARTER. No. 1439 (House Bill No. 2021). An Act to provide a new Charter for the City of Plains, Georgia, in the county of Sumter; to provide for the incorporation of said city as the City of Plains; to provide for corporate boundaries; to provide for the corporate powers of the government of the City of Plains, 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, his term of office, election, 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 rules of procedure; to provide for

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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 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, 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 Plains, approved July 22, 1925 (Ga. L. 1925, p. 1360); to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation . This Act shall constitute the whole Charter of the City of Plains, Georgia, repealing and replacing the charter provided by an Act of the General Assembly approved July 22, 1925 (Ga. L. 1925, p. 1360). The City of Plains, Georgia, in the County of Sumter, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Plains, 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 Plains 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 Plains, at all times, shall be shown on a map to be retained permanently in the office of city clerk and to be designated: City of Plains, 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 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 Plains, to be exercised by the governing authority, may include the following:

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(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,

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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; 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, 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, constructing, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, airports, hospitals and charitable, cultural, 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

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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 fortunetelling 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;

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(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 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 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 collection of such service charges; (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 the same; (27) to charge, impose and collect a sewer connection

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fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system; (28) to define, regulate and prohibit any Act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the City of Plains; 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 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 Plains; 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 sentences in any public works or on the streets, roads, drains and squares of 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 of Plains; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Plains which, while not constituting an offense against the laws of the State of Georgia, are nevertheless 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;

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(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 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, railroads, 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 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;

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(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 not 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 Plains 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

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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 Plains 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 shall have been a resident of the city for a period of one (1) year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City of Plains, 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.

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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) 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 fifty dollars ($50.00) per month as compensation for his services. The councilmen shall receive twentyfive dollars ($25.00) per year as compensation for their services. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. 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. Code of Ethics . The council shall enact by ordinance a code of ethics which shall apply to all elected officials, appointed officers and employees of the City of Plains. Section 2.16. 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,

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administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.17. General Power and Authority of the Council . (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government for the City of Plains 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 Plains. The council may enforce such ordinances by imposing penalties for the 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 provdied for by this charter. Section 2.18. Chief Executive Officer . The mayor shall be the chief executive of the City of Plains. 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 granted in this charter. Section 2.19. Powers and Duties . As the chief executive of the City of Plains, 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;

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(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; (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) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (j) Vote at council meetings only in case of a tie vote among the councilmen. (k) perform other duties as may be required by law, this charter or ordinance. Section 2.20. Mayor Pro Tempore . During the absence or disability of the mayor for any cause, the mayor pro tempore, who shall be elected as provided for in section 2.21 (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 the mayor so long as such absence or disability shall continue.

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Section 2.21. Organization Meeting . (a) The council shall meet for organization on the first scheduled meeting in January following the city 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 councilmen as the case may be) of the City of Plains 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 tempore. The mayor pro tempore shall serve for a term of two (2) years and until his successor is elected and qualified. Section 2.22. 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 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 members present. With such consent any business which may be transacted at a regular meeting may be conducted at the special meeting.

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(c) All meetings of the council shall be public. Section 2.23. 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 2.24. 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) councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 2.25. 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 Plains 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 2.23 of this charter; 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. Upon introduction of any ordinance, the city clerk shall assure that the citizens of Plains have access to said ordinance. Section 2.26. 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

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utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three (3) 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 2.27. 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: (1) the requirements of section 2.25 (b) of this charter for assuring public access to 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 2.28 of this charter. (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 2.28. 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 the purpose of all ordinances adopted by the council.

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Every ordinance shall be signed by the mayor 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 Plains, 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 Plains, 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

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transfer, change, add to or detract from 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 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 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 appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution 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 by applicable State law.

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(c) No member of any board, commission or authority shall assume office until he shall have been administered by the city clerk the oath as follows: I do solemnly swear that I will well and truly perform the duties of (name office) of Plains 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 (3) 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 (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 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 3.12. 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 councilmen, mayor, and other officers and

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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 3.13. 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 3.14. 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. 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 3.15. City Accountant . The council may appoint a city accountant to perform the duties of an accountant. Section 3.16. 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 functions of any one (1) or more of such positions to the holder or holders of any other positions. Section 3.17. 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 Plains 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 3.18. 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

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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 Plains. 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 Plains which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Plains 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 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. Section 4.11. Judge . (a) The mayor shall serve as judge of the mayor's court and shall preside over said court. 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. Judge Pro Tempore . The Judge pro tempore shall serve in the absence or disqualification of the judge, shall be appointed by the council, shall have the same qualifications as the mayor, 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.

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Section 4.13. Convening . The mayor'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 4.14. Jurisdiction; Powers . (a) The mayor's court shall try and punish for crimes against the City of Plains 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). The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of two hundred dollars ($200) or imprisonment for thirty (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 thirty (30) days. (b) The mayor's court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to 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 (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 on order of the judge be forfeited to the City of Plains or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable

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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. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Plains 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 4.15. Appeal . The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Sumter County from the mayor's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the court of the probate judge; provided, however, 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 4.16. 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

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made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. ARTICLE V ELECTIONS Section 5.10. Regular Elections . On the first Monday in December of even-numbered years, there shall be an election for mayor and four (4) councilmen, the mayor and councilmen to serve for two (2) years. The terms of office of members of the council shall begin at the time of taking the oath of office as provided for in Article II, Section 2.21 of this charter. Section 5.11. Election Procedures . The council may, by ordinance, prescribe rules and regulations governing qualifying fees, voter registration procedures, challenge of votes and such other rules and regulations as may be necessary for the conduct of elections in the City of Plains. Section 5.12. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Plains 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 5.13. 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; provided, however, that if such vacancy occurs within six (6) 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 and Title 34 of the Code of Georgia of 1933, as now or hereafter amended. Section 5.14. Grounds for Removal . The mayor or any

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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 5.15. 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 full council, the officer to be removed not voting if he is a member 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 grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of the 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 Sumter County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the court of the probate judge. (b) By information filed in the Superior Court of Sumter County as provided by law.

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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 Plains. 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 of Plains 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 Plains 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 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

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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 Plains, 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 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 Plains 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 of persons 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 Plains and benefiting from such service. Such authority shall include the power to assess, levy and collect

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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, which lien shall be superior to all other liens except 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 6.17. Special Assessments . The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty (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 percent (7%) per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall also 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

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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 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 6.20. 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. L. 1937, p. 761), 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 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 6.23. Preparation of Budgets . The council may provide by ordinance the procedures and requirements for the preparation, adoption and execution of an annual operating budget, a capital improvement program and a capital budget including requirements as to scope, content and form of such budgets and programs. Section 6.24. Property Tax Levies . The council shall levy by ordinance an annual tax on all real and personal property within the City of Plains. 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

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other anticipated revenues, fund balances, and applicable reserves, to equal the total amount approximated 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 Plains. Section 6.25. 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 purposes. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.26. Capital Improvements Budget . (a) The city clerk and the finance committee may submit to the council a proposed capital improvements budget with their 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, provided that such authorization is passed by two-thirds (2 3) vote of the membership of the council. (b) 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, however, that the mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.27. 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

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contracts or authorizing the same shall be drawn by the city attorney or shall be submitted to him before authorization by the council. Section 6.28. Centralized Purchasing . (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Plains. (b) The council may sell and convey any real or personal property owned or held by the City of Plains 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 of Plains. (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 of the City of Plains, both elected and appointed, shall execute

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such official bond 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 Plains 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 Plains 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 penalty is not specifically provided for herein is hereby declared to be a misdemeanor and punishable by a fine of not more than two hundred dollars ($200) 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 Plains in the County of Sumter, approved July 22, 1925 (Ga. L. 1925, p. 1360), is hereby repealed in its entirety and all amendatory Acts thereto 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.

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Section 7.16. Effective Date . This charter shall become effective on or after the first day of March, 1976. Section 7.17. Repealer . All laws and parts of laws in conflict with this charter are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1976 regular session of the General Assembly of Georgia, a bill to create a new charter for the City of Plains; and for other purposes. This 3rd day of Feb., 1976. Oliver Oxford Representative, 116th District Hugh A. Carter Senator 14th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Oliver Oxford who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County, on the following dates: February 6, 13, 20, 1976. /s/ Oliver Oxford Representative, 116th District Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 7, 1976.

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COMPENSATION TO SHERRY T. ALEXANDER AUTHORIZED. No. 138 (House Resolution No. 544-1498). A Resolution Compensating Sherry T. Alexander; and for other purposes. Whereas, Roy Edwin Bouington, the fourteen-year old son of Sherry T. Alexander, was a patient at Gracewood State School and Hospital, Gracewood, Georgia; and Whereas, on the night of April 26 and early in the morning on April 27, 1975, Roy Bouington left his room, walked across the school and hospital grounds, scaled a fence and drowned in the swimming pool; and Whereas, the incident occurred due to negligence in not keeping Roy Bouington confined to his room, in leaving certain doors unlocked, and in not adequately protecting the swimming pool area and later in not inspecting the area properly after the alarm was sounded; and Whereas, the total loss to Sherry T. Alexander due to the loss of her son amounts to $25,000.00; and Whereas, the said incident occurred through no fault or negligence on the part of Sherry T. Alexander, and it is only fitting and proper that she be reimbursed for her loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Corrections is hereby authorized and directed to pay the sum of $5,000 to Sherry T. Alexander as compensation as provided above. Of said sum, no more than $1,000 shall be available to compensate Mrs. Alexander's attorneys. 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 7, 1976.

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DEKALB COUNTY PROPERTY APPRAISAL STUDY COMMITTEE. No. 139 (House Resolution No. 519-1518). A Resolution. Creating the DeKalb County Property Appraisal Study Committee; and for other purposes. Whereas, the methods, means and techniques of appraising property for the purposes of taxation are vitally important to the citizens and the government of DeKalb County; and Whereas, the governing authority of DeKalb County needs current, accurate information concerning expected or anticipated revenues in order to adequately plan for the efficient operation of the county government. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the DeKalb County Property Appraisal Study Committee, to be composed of the following members: (a) Two members of the House of Representatives whose Representative Districts lie within DeKalb County, elected by the members of the House of Representatives whose districts lie within DeKalb County. (b) Two members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County, elected by the members of the Senate whose districts lie wholly or partially within DeKalb County. (c) One member appointed by the governing authority of DeKalb County. (d) One member appointed by the Chairman of the Republican Party of DeKalb County. (e) One member appointed by the Chairman of the Democratic Party of DeKalb County.

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(f) One member appointed by the governing body of the Municipal Association of DeKalb County. (g) One member appointed by the governing authority of the DeKalb County Board of Realtors. (h) One member appointed by the governing body of the DeKalb County Chamber of Commerce. (i) One member appointed by the Tax Commissioner of DeKalb County. (j) One member appointed by the Tax Assessor of DeKalb County. (k) One member appointed by the School Board of DeKalb County. Be it further resolved that it shall be the duty of said Committee to study any matters relative to the methods, means and techniques of appraising property for tax purposes in DeKalb County. The Committee shall also study the means and methods of changing tax assessments and the administrative procedures connected with informing the governing authority of DeKalb County of the expected or anticipated revenues to be derived from taxation. The legislative members of the Committee shall jointly call the organizational meeting of the Committee, at which time the Committee shall elect a chairman from its own membership and such other officers as may be necessary or appropriate. 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, to the governing authority of DeKalb County and to such other officials and interested persons and organizations as the Committee shall determine by

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not later than January 1, 1977. The Committee shall stand abolished as of the last day the General Assembly meets in regular session during 1977. Approved April 7, 1976. COMPENSATION TO HUGH M. TOLES AUTHORIZED. No. 140 (House Resolution No. 593-1620). A Resolution. Compensating Mr. Hugh M. Toles; and for other purposes. Whereas, Andrea Shawn Toles, daughter of Mr. Hugh M. Toles of Rome, Georgia, was attending 4-H camp at Rock Eagle 4-H Center on July 4, 1974; and Whereas, Shawn Toles attempted to run into the cabin where she was staying at approximately 11:30 a.m., but the sliding glass door which had previously been propped open was closed; and Whereas, Shawn Toles accidently fell through the glass portion of the door while attempting to push the door open; and Whereas, Shawn Toles suffered severe damage to her right arm; and Whereas, she apparently suffered a laceration of the right radial nerve at the antecubital fossa; and Whereas, Shawn Toles has undergone two major operations to repair the lacerated radial nerve in her right arm; and Whereas, additional plastic surgery will be required in

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approximately one year to cover the scar tissue on her right arm; and Whereas, another major operation involving tendon transfers will be required if a recent nerve graft operation was not successful; and Whereas, Mr. Hugh M. Toles has incurred and will incur in the future, medical expenses and related out-of-pocket expenses amounting to $10,598.12 on behalf of his daughter Andrea Shawn Toles; and Whereas, this accident occurred through no fault or negligence of Shawn Toles. 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 $598.12 to Mr. Hugh M. Toles, on behalf of his daughter, Andrea Shawn Toles, as provided in this resolution. Said sum shall be paid from funds appropriated to or available to the Board of Regents of the University System of Georgia and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 7, 1976. CITY OF TOCCOACHARTER AMENDED. CORPORATE LIMITS CHANGED. CITY OF TOCCOA CORPORATE LIMITS No. 1440 (House Bill No. 2085). An Act to amend an Act of the General Assembly of Georgia incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as heretofore amended, so as to

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add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits of said city; to repeal conflicting laws; and for other purposes. Section 1 . Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act that an Act incorporating the City of Toccoa, approved December 20, 1897, (Ga. L. 1897, p. 341 et seq.), as amended, be, and the same is hereby amended by adding to section three, at the end thereof the following: The corporate limits of the City of Toccoa, Georgia shall also include the following lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa as described in Exhibit A which is attached hereto and made a part of this amendment, which the owners of said lots, tracts or parcels of land have by written petition to the City Commission of the City of Toccoa requested that said acres, now outside the city limits of the City of Toccoa, be added and included in the city limits of the City of Toccoa, Georgia. All that tract or parcel of land lying and being in Stephens County, Georgia, (described as follows: BEGINNING at an iron pin on west side of public road leading from Toccoa to Martin; thence along said road North 1 West 6.60 chains North 11 West 8.00 chains, North 31 West 0.58 chains to an iron pin at corner of pasture opposite forks of said road and Toccoa and Martin Highway, thence South 57 West 14.38 chains to a rock; thence South 60 East 14.50 chains to iron pin; thence South 88 East 1.28 chains to the beginning corner, containing Ten (10) acres according to survey by M. B. Collier, County Surveyor. Being the same premises conveyed by C. H. Addington to Oscar Carpenter by Warranty Deed dated September 21, 1925, recorded in Deed Book 16, p. 97, Stephens County Records. ALSO: All that tract or parcel of land lying and being in State of Georgia, in the County of Stephens, and described as follows: BEGINNING at an iron pin corner of Carpenters,

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thence North 88 West 2.00 chains to an iron pin; thence North 48 West 3.39 chains to an iron pin; thence South 60 East 5.07 chains to the beginning corner, containing 7.705 square feet or 11 60 of an acre according to survey by M. B. Collier, County Surveyor, March 2, 1928. Being the same premises conveyed by C. H. Addington to Oscar Carpenter by Warranty Deed dated March 15, 1928, recorded in Deed Book 16, P. 338, Stephens County Records. THERE IS EXCEPTED from the first above described tract ONE ACRE conveyed by Oscar Carpenter to L. B. Collins by Warranty Deed dated June 18, 1940, recorded in Deed Book 28, page 296, Stephens County Records. All that tract or parcel of land lying and being in Stephens County, Georgia, on the Northeast side of State Highway No. 17 and being Lot No. Five (5) of the Harper Home Site Sub-division according to plat of John F. Carey, Engineer, dated August 8, 1948, and more particularly described as follows: Beginning at an iron pin corner on the North side of said Highway No. 17, next to Lot No. 4 of the Harper Home Sites Sub-division, and running thence North 48 degrees 48 minutes East 150 feet to an iron pin corner; thence South 41 degrees 12 minutes East 75 feet to an iron pin corner on the North side of Rountree Road; thence South 48 degrees 48 minutes West 150 feet to an iron pin corner on the Northeast side of State Highway No. 17; thence along the Northeast side of State Highway No. 17 North 41 degrees 12 minutes West 75 feet to the point of beginning. All that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and in Toccoa (440th) Militia District, and known as Lots Three (3) and Four (4) of the J. E. Harper Sub-division, and described as follows: Lot No. 3 fronting on State Highway No. 17, 39.70 feet and running along Curtis Street 158.75 feet; thence running across back 91.8 feet to Lot No. 4, thence running 150 feet back to Highway. Lot No. 4 fronting on State Highway No. 17, 75 feet, same being 75 feet at back; thence back to Highway 150 feet; all according to plat and survey by John F. Carey, August 8th, 1948, which plat is recorded in Plat Book No. 2, page 141, in the Office of the Clerk of the

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Superior Court of said County, which plat is hereby referred to for a more definite description. All that tract or parcel of land lying and being in and adjacent to the City limits of the City of Toccoa, Georgia, 440th District, G. M., Stephens County, a portion of said property herein described being within the City Limits and a portion being without: BEGINNING at an iron pin corner on the South side of the right of way of an asphalt road, also known as the Stephen County By-Pass Road, said iron pin being located on Toccoa Creek next to property of Collins; thence following the meanderings of Toccoa Creek, the center of the creek being the property line, the following courses and distances: South 28 degrees 57 minutes East 155.7 feet to a point; South 04 degrees 25 minutes East 110 feet to a point, South 18 degrees 40 minutes West 120 feet to sewer outfall line, South 63 degrees 06 minutes West 125 feet to a point; South 27 degrees 35 minutes West 100 feet to a point, South 11 degrees 07 minutes West 100 feet to a point, South 40 degrees 46 minutes West 85 feet to a point, South 62 degrees 14 minutes West 130 feet to a point, South 32 degrees 44 minutes West 111 feet to a point, South 43 degrees 51 minutes West 175.4 feet to an iron pin on the South side of Toccoa Creek; thence leaving Toccoa Creek along the property line of Collins South 11 degrees 33 minutes West 896.9 feet to an iron pin corner next to Barrett property; thence with Barrett line North 62 degrees 27 minutes West 63.5 feet to a point; thence South 71 degrees 22 minutes West 344.9 feet to an iron pin corner on the East side of the Old Flat Rock Road; thence the following courses and distances along the Northeast side of Old Flat Rock Road; South 15 degrees 42 minutes West 59.7 feet to a point, South 01 degrees 32 minutes West 135 feet to a point, South 16 degrees 33 minutes East 50 feet to a point, South 44 degrees 08 minutes East 54 feet to a point, South 52 degrees 18 minutes East 143 feet to a point; South 31 degrees 00 minutes East 78 feet to a point, South 25 degrees 49 minutes East 103.3 feet to an iron pin corner common with Acree estate; thence with Acree Estate line North 74 degrees 58 minutes West 883.4 feet to an iron pin corner; thence following the Martin Line North 18 degrees 10 minutes East 1,016 feet to an iron pin corner on the South

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side of Toccoa Creek; thence following the centerline of Toccoa Creek in a Northwesterly direction the following courses and distances: North 45 degrees 13 minutes West 136.50 feet to a point; thence North 39 degrees 15 minutes West 149.6 feet to a point; North 73 degrees 50 minutes West 344.6 feet to a point, North 64 degrees 58 minutes West 250.1 feet to an iron pin point, North 36 degrees 45 minutes West 230 feet to an iron pin corner located on the Northeast side of Toccoa Creek; thence with Burgess line North 64 degrees 46 minutes East 694.1 feet to an iron pin corner next to a rock; thence continuing with Burgess line North 22 degrees 45 minutes West 552.3 feet to an iron pin corner; thence North 55 degrees 06 minutes East 120 feet to an iron pin corner; thence North 29 degrees 19 minutes West 181.70 feet to an iron pin corner located on the Southeast side of the right of way of the by-pass road; thence the following courses and distances along the by-pass road; North 22 degrees 31 minutes East 84.3 feet to a point, North 36 degrees 01 minutes East 50 feet to a point, North 59 degrees 41 minutes East 50 feet to a point, North 76 degrees 13 minutes East 50 feet to a point; North 87 degrees 00 minutes, East 75 feet to a point, South 69 degrees 16 minutes East 25 feet to a point, South 03 degrees 27 minutes East 100 feet to a point, South 04 degrees 48 minutes East 100 feet to a point, South 16 degrees 36 minutes East 100 feet to a point, South 26 degrees 46 minutes East 100 feet to a point, South 42 degrees 01 minute East 100 feet to a point, South 54 degrees 29 minutes East 100 feet to a point, South 69 degrees 26 minutes East 100 feet to a point, South 78 degrees 25 minutes East 100 feet to an iron pin corner on an old road; thence leaving the right of way of By-Pass Road South 65 degrees 31 minutes East 172.7 feet to an iron pin corner; thence running North 16 degrees 00 minutes East 19 feet to a point; thence running North 16 degrees 00 minutes East 25.6 feet to an iron pin corner located again on the South right of way line of by-pass road, thence the following courses and distances along the South right of way line of By-Pass road: South 78 degrees 03 minutes East 110 feet to a point, South 84 degrees 12 minutes East 194.8 feet to a point, North 87 degrees 22 minutes East 120 feet to a point, and thence running North 83 degrees 02 minutes East 605 feet to the beginning iron pin and containing 65.48 acres

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and being all of that property located South of the By-Pass Road all as shown by plat and survey for Martin Lumber Company by Patton and Pless dated July 12, 1968, which plat is more fully recorded in Plat Book 5, page 64, Stephens County Records. There is 65.48 acres in the property herein described, a portion of which is already located in the Toccoa City Limits, and it is the purpose herein to annex to the City Limits of the City of Toccoa all of the property owned by Martin Lumber Company South of the By-Pass Road and which is adjacent to Toccoa City Limits. All that tract or parcel of land lying and being in the 440th District, G. M., of Stephens County, Georgia, partly within the City of Toccoa, and a portion of Lot No. Eight (8) of the W. A. Collins Estate Sub-division as shown on plat of said subdivision dated December 10, 1948, made by J. V. Arrendale, Surveyor, and described as follows: BEGINNING at an iron pin on the original corner of Lot No. 7, thence running North 84 degrees 56 minutes East 75 feet to a stake; thence South 02 degrees 35 minutes East 199.4 feet to an iron pin corner on the right of way of Collins Road; thence North 23 degrees 29 minutes West 210 feet to the beginning corner, said tract herein conveyed being in a triangular shape. ALSO: All that tract or parcel of land lying and being in the 440th District, G. M., of Stephens County, Georgia partly within the City of Toccoa, and being Lot No. 7 of the W. A. Collins Estate Sub-division as shown by plat of said subdivision dated December 10, 1948, made by J. V. Arrendale, Surveyor, as follows: BEGINNING at an iron pin corner on the north right-of-way line of Collins Road, said corner being North 75 degrees 19 minutes East 69.22 feet from the point where the Toccoa City Limits line intersects the centerline of Collins Road; thence North 23 degrees 25 minutes West 205 feet to an iron pin corner, the same being the corner between Lots 1, 4, 6 and 7 of the W. A. Collins Estate Sub-division; thence North 84 degrees 56 minutes East 100 feet to an iron pin corner; thence South 23 degrees 29 minutes East 210 feet to an iron pin corner on the North right-of-way line of Collins Road; thence along the North right-of-way line of Collins Road South 87 degrees 38 minutes

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West 101.84 feet to the beginning corner according to plat made by James H. Garrett, Jr., Georgia Registered Surveyor No. 872, October 3, 1955, Reference is herein had and made to the Arrendale plat and the Garrett plat referred to above for more complete description of said lot. Being the same property conveyed by Rufus M. Jones to Church of the Nazarene by Warranty Deed dated January 9, 1956, which Deed appears of record in the Office of the Clerk of Superior Court, Stephens County, Georgia. THERE IS EXCEPTED from the property above described that property conveyed by the Church of the Nazarene to Robert S. Bruce by Warranty Deed dated November 7, 1968, which is recorded in Deed Book 100, page 477, Stephens County Records. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and particularly described as: Beginning at a point on the East side of State Highway No. 17, the same being the dividing line between the lot herein conveyed and property of Davis, thence in a Southerly direction along the East side of Highway No. 17, 79.225 feet to an iron pin at the corner of Lot No. 2 in said subdivision, thence in an Easterly direction along the line of Lot No. Two 175.6 feet to an iron pin, thence in a Northwesterly direction with the line of Lot No. Twenty, 75 feet to an iron pin on the Davis line, thence in a Southwesterly direction with the Davis line 150 feet to the beginning corner. The same being a lot fronting 79.225 feet on the East side of State Highway No. 17 and extending back even width as front 150 feet and being 75 feet at the back. ALSO, All that tract or parcel of land lying and being in the State and County aforesaid, next to Lot No. 1 of the Har[UNK]per Home Sites and more particularly described as follows: Beginning at an iron pin corner on the East side of State Highway No. 17 next to Lot No. 1 and running thence along the East side of said Highway a Southerly direction 5.3 feet to an iron pin corner; thence a Northeastern direction parallel to the line of Lot No. One 177.2 feet to an iron pin corner next to Lot No. 20; thence a Northwestern direction

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along the line of Lot No. 20 a distance of 5 feet to an iron pin corner at Lot No. 1; thence a Southwestern direction along the line of Lot No. One 175.6 feet to the point of beginning. Said lots being Lot No. 1 and part of Lot No. 2 of the J. E. Harper Subdivision as shown by plat and survey by John F. Carey, Engineer, as recorded in the Office of the Clerk Superior Court of Stephens County, Georgia. ALSO, All that tract or parcel of land lying and being in the State and County aforesaid, and being more fully described as follows: Lot No. 2 of the Harper sub-division according to plat and survey of same by John F. Carey, Registered Surveyor, dated August 8, 1948, and revised May 12, 1949. Said lot fronting State Highway No. 17, 79.225 feet to Curtis Street; thence along Curtis Street 202.04 feet to Lot No. 20; thence along Lot No. 20, 75 feet to a corner; thence running along Lot No. 1, 175.6 feet to the beginning corner on State Highway No. 17. Said property being subject to the original restrictions. Said plat above referred to is recorded in Office of Clerk Superior Court of said County and same is hereby referred to and made a part of this description. There is excepted from the above five (5) feet, which has been deeded to Walter F. and Mrs. Mary Jean Cash Button, as shown by deed recorded in Deed Book 46, page 176, this five feet being a portion of the property shown by the deed hereto referred to, from J. E. Harper. Said deed being recorded in the Office of the Clerk of the Superior Court of Stephens County, Georgia. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, on the East side of Terrell Drive and more particularly described as follows: BEGINNING at an iron pin corner on the East side of Terrell Drive next to property of James C. Cristy and running thence along the Cristy line North 69 degrees 18 minutes East 210 feet to an iron pin corner next to the Bell Sub-division; thence along the line of the Bell Sub-division South 24 degrees 25 minutes East 172.5 feet to an iron pin corner on the North side of Narrow Street; thence

Page 4207

along the North side of Narrow Street South 71 degrees 25 minutes West 120.47 feet to the point of curvature at the intersection of Narrow Street and Terrell Drive; thence following the curve at the intersection of Terrell Drive and Narrow Street on a radius of 20 feet a distance of 20.87 feet to the point of tangent on the East side of Terrell Drive; thence along the East side of Terrell Drive North 48 degrees 47 minutes West 178.5 feet to the point of beginning and being a portion of Lot No. Sixty-eight (68) of the Harper Home Site Sub-division, according to plat and survey by John W. Burroughs, Jr., Registered Surveyor, dated September 14, 1950. All that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and in Toccoa (440th) District, the same being Lots Nos. 19, 20, 21, 22 and 23 of the sub-division of the C. T. Bell property, according to plat made by Patrick S. Ewing, Surveyor, July 1946, which plat is recorded in the Office of the Clerk of the Superior Court of said County in Plat Record No. 2, Page 105, to which plat reference is hereto made and made a part of this description. Being the same premises conveyed by W. O. Ragsdale to Sara R. Mize by Warranty Deed dated June 12, 1952, recorded in Deed Book 52, Page 408, Stephens County, Georgia Records. ALSO: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and in the 440th District, G. M., and described as follows: Being lots Nos. Forty-three (43) and Forty-four (44) according to Plat and Survey of the C. T. Bell property by Patrick S. Ewing July, 1946, which plat and survey appears of record in the Office of the Clerk of Superior Court, Stephens County, Georgia, and said Plat and Survey is made a part of this description. Said lots fronting fifty (50) feet each on new street and run back same width and being fifty (50) feet wide each at the back of said lots. Being the same premises conveyed by W. O. (Oscar) Ragsdale to Sara R. Mize by Warranty Deed dated April 5, 1956, recorded in Deed Book 82, Page 581, Stephens County, Georgia Records.

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All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and being located adjacent to the City Limits of the City of Toccoa, and being lots numbers 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, and 44 as is shown by a plat and survey made by M. B. Collier County Surveyor, of Stephens County, Georgia, for Will S. Davis and known as the Hillcrest Sub-division, plat of which is recorded in Plat Record Book 2, page 108, in the Office of the Clerk of Superior Court of Stephens County, Georgia, which plat is referred to for a more complete description of said lots and made a part of this deed. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being more particularly described as follows: Beginning at an iron pin corner on the South right of way line of Addington Road, said iron pin being common with the Northeast corner of property of Dr. M. D. Pittard; thence running along the South right of way line of Addington Road North 49 degrees 11 minutes East 180.2 feet to an iron pin corner next to property now or formerly owned by Hugh Rampey; thence With Rampey line South 50 degrees 15 minutes East 245.8 feet to an oak tree; thence running along other property of Copelan South 23 degrees 53 minutes West 163.6 feet to an iron pin; thence continuing with other property of Copelan South 73 degrees 36 minutes West 198 feet to an iron pin common with a lot in Meadowbrook Sub-division; thence with Rampey line South 50 degrees 15 minutes East grees 55 minutes West 39.8 feet to an iron pin next to Pittard property; thence with Pittard line North 07 degrees 18 minutes West 259.8 feet to the iron pin point of beginning and being Tract A of Sketch of survey of property of Dr. Elton L. Copelan by James H. Garrett, Jr., Registered Surveyor dated December 5, 1964, to which survey reference is made for a more complete and accurate description of said premises. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being adjacent to the City Limits of the City of Toccoa and being more particularly described as follows: Beginning at an iron pin corner on the Southeast side of Collins Road, said

Page 4209

iron pin being 200 feet Southwest from the intersection of the East right of way line of Collins Road and the South right of way line of Georgia Highway No. 17; thence running South 57 degrees 09 minutes East 163.30 feet to an iron pin corner next to property now or formerly DeFoor; thence running with property now or formerly of DeFoor South 43 degrees 00 minutes West 100 feet to an iron pin corner; thence running North 57 degrees 50 minutes West 147.34 feet to an iron pin corner on the Southeast right of way line of Collins Road; thence with the Southeast right of way line of Collins Road North 33 degrees 50 minutes East 100 feet to the iron pin point of beginning all according to plat and survey of property of Mr. and Mrs. John Mullinax by John F. Carey, Registered Surveyor dated October 20, 1951, to which plat of survey reference is hereby made for a more complete and accurate description of said premises and being the property where Mr. and Mrs. John Mullinax now reside. TRACT A: A tract lying and being near the limits of the City of Toccoa, Georgia, and near State Highway 17, and being known and designated as part of Lot No. 7 in Block D according to plat and survey of Mrs. Orphia Hayes Estate made by J. M. Williams, C. E., recorded in Plat Book 2, page 34, said lot beginning at an iron pin corner 1350 feet of the Northeastern corner of the intersection of Hayes Street and State Highway No. 17 along the north side of Hayes Street; thence N 75 3/4 E 50 feet to iron pin corner; thence N 9 E 223 feet to an iron pin corner; thence N 81 W 50 feet to an iron pin corner; thence S 9 W 246 feet to the beginning iron pin corner; said lot being bounded on the North by lands of Will S. Davis; on the East by a 50 ft. lot owned by Jordan; on the South by Hayes Street; and on the West by lot owned by Roy Taylor, all according to a plat and survey of said described lot made by M. B. Collier, County Surveyor for Quillian Jordan dated September 10, 1940. Said premises has a nine-room dwelling situated thereon. TRACT B: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and just outside the City Limits of the City of Toccoa, Georgia, and

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described as beginning at a corner of lot of Quillian Jordan on Hayes Street and running along Hayes Street and the old Southern Railway Road a distance of three hundred fifty (350) feet, more or less, to an angle iron pin at corner of Will S. Davis property a distance of two hundred and eighty feet to the North corner of lot of Quillian Jordan; thence along Quillian Jordan's lot in a Southerly direction a distance of two hundred five and one-half feet (250)to the beginning corner on Hayes Street. Said premises has a frame, servant's house located thereon. Tracts A and B being the same premises described in Deed from Quillian Jordan to Elizabeth Jordan recorded in Deed Book 49, page 542. TRACT C: All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and near the City Limits of the City of Toccoa, Georgia, and near State Highway No. 17, and being known and designated as part of Lot No. 7 in Block D according to plat and survey of the Mrs. Orphia Hayes Estate made by J. M. Williams, C. E. and recorded in the Office of the Clerk of the Superior Court of Stephens County, Georgia, in Plat Book No. 2, page 34; said lot beginning at an iron pin corner 1400 feet East of the Northeastern corner of Hayes Street and said Highway No. 17, along the north side of said Hayes Street; thence N 75 [UNK] E 50 feet to an iron pin corner; thence N 10 E 205 feet to an iron pin corner; thence N 81 W 50 feet to an iron pin corner; thence S 9 W 223 feet to the beginning iron pin corner. Said lot being bounded on the North by lands of Will S. Davis; on the East by Lot owned by Mrs. Steve Crawford; on the South by Hayes Street; and on the West by a 50 ft. lot owned by Quillian Jordan, all according to a plat and survey of the said described lot by M. B. Collier, County Surveyor, for Quillian Jordan, dated September 10, 1940. Being the same premises conveyed by Mrs. Steve Crawford to Quill Jordan by Deed recorded in Deed Book 28, page 444. TRACT D: All that tract or parcel of land lying and being

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in the County of Stephens, State of Georgia, and located near the City Limits of Toccoa, Georgia near the State Highway No. 17 and being known and designated as the Eastern quarter of Lot No. 6 and the Western Quarter of Lot No. 7 both in Block D according to plat and survey of the sub-division of Mrs. W. J. Hayes Estate by J. M. Williams, C. E., and plat being recorded in the Office of the Clerk of Superior Court, of Stephens County, Georgia, in Plat Book 2, page 34, reference to which is hereby made for a more particular description. Said lot being at a point 50 West; of Eastern boundary of Not No. 6 in said sub-division and running in an easterly direction on an unnamed street for 100 feet to a point 50 feet east of said Eastern boundary for Lot No. 6 of said sub-division said lot having the same width back in a northerly direction for 250 feet, more or less; said lot being bounded on the North by lands of Will S. Davis; on the East by the Eastern portion of Lot No. 7, in said sub-division; on the South by an unnamed Street running through said Block D of said sub-division, and on the West by the Western three-quarters of Lot No. 6 in Block D of said sub-division and being a portion of the premises conveyed by J. H. Curtis as received of the Hayes Estate to Mrs. Steve Crawford dated April 13, 1939 and being the same premises conveyed by Warranty Deed from Mrs. Steve Crawford to Roy C. Taylor and said Roy C. Taylor to Robert Taylor, and from Robert Taylor to Fred C. Craft and Ethel Sullivan Craft. These four above described tracts of land being the same premises conveyed to Mrs. May S. Kimsey by the Bank of Toccoa, Toccoa, Georgia, as Agent and Attorney in Fact of Quillian C. and Elizabeth B. Jordan under power of sale on August 1, 1967, which deed recorded in Book 97, Folio 632 and 635, and same premises as conveyed by Mary S. Kimsey to Patricia M. Heaton by Warranty Deed recorded in Deed Book 103, page 400-401. All that tract or parcel of land lying and being adjacent to the City Limits of the City of Toccoa, Georgia, and being more particularly described as follows: BEGINNING at a concrete monument located at the intersection of the West right of way line of Georgia Highway 17 and the West right of way line of Collins Road; thence running along the West

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right of way line of Georgia Highway 17 South 51 degrees 51 minutes East 193.02 feet to a concrete monument located on the West side of Georgia Highway 17; thence running in a Southerly direction 185 feet to an iron pin corner common with property of Mullinax; thence with Mullinax line North 57 degrees 09 minutes West 163.3 feet to an iron pin corner on the South right of way line of Collins Road; thence with the South right of way line of Collins Road North 33 degrees 50 minutes East 200 feet to the concrete monument point of beginning. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and on the East side of State Highway No. 17, and described as; Being Lots Ten (10) and Eleven (11) in Block C of the O. K. Sellers subdivision of the Mrs. Orphia Hayes property. Said lots fronting said Highway No. 17, seventy-five (75) feet each and running back 150 feet, more or less, to lots 17 and 18, and bounded and described as fully set forth in a plat and survey of the O. K. Sellers property, made by J. W. Burpitt, C. E., on April 16th, 1940 and recorded in the office of the Clerk of the Superior Court of said County in Plat Book 2 page 53, to which plat and survey reference is hereby made as fully as if incorporated herein. As stated said two lots fronting on said State Highway No. 17, 150 feet and running back 150 feet, more or less. Being the same property conveyed by O. K. Sellers and Ola B. West to L. D. Moore, by Warranty Deed dated May 30th, 1940. All that tract or parcel of of land lying and being in the 440th District, G. M., Stephens County, Georgia, in the Meadowbrook Sub-division, and being more particularly described as follows: BEGINNING at an iron pin corner on the West side of Currahee Heights Road next to Lot No. 93 in said sub-division, said iron pin corner being 1,019.3 feet Southeast of the intersection of Currahee Heights Road and Rothell Road and running thence along the West side of Currahee Heights Road South 19 degrees 15 minutes East 100 feet to an iron pin corner next to Lot No. 95 in said subdivision; thence along the Line of Lot No. 95 South 71 degrees

Page 4213

10 minutes West 150 feet to an iron pin corner next to the Martin Realty Company property; thence along the line of Martin Realty Company property North 19 degrees 15 minutes West 9817 feet to an iron pin corner next to Lot No. 93 in said sub-division; thence along the line of Lot No. 93 North 70 degrees 12 minutes East 150 feet to the beginning iron pin corner and being Lot No. Ninety-Four (94) of the Meadowbrook Sub-division according to plat and survey by G. Dwight Pless, Registered Surveyor, dated January 22, 1968. All that tract or parcel of land lying and being in Stephens County and fully described as follows: BEGINNING at Marshall Smart's corner on the North side of Hillcrest Drive and running East along said Hillcrest Drive 138 feet, thence North 200 feet to the Northcutt line, thence West along said line 93 feet to Marshall Smart's corner, thence South along Smart's corner to beginning corner, this real estate being Lots No. 1 and 2 of Hillcrest sub-division and fully described in plat and survey of said sub-division by M. B. Collier, C. S., of Stephens County, said plat now on file in the office of Clerk of Superior Court of Stephens County, Georgia. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and in Toccoa 440th District, G. M., and being parts of the Lots 68, 69, 70, 71, 75, 76, and 77 of the C. T. Bell Sub-division property, according to plat originally made by Patrick S. Ewing, July 1946, which plat is recorded in the Office of the Clerk of Superior Court of said County in Plat Record No. 2 page 105 to which plat reference is hereby made and made a part of this description. The following description is made according to a sketch of the parts of the above numbered lots by James H. Garrett, Jr., Registered Surveyor, as of March 14, 1953, to-wit: BEGINNING at an iron pin corner on the South side of Bellvue Drive at lines of Lots Nos. 68 and 69; thence running South 32 degrees 09 minutes East 227.5 feet to an iron pin corner at corner of Lots Nos. 58 and 78, and 79; thence running North 68 degrees 36 minutes West 52.5 feet to an iron pin on lines of lots 77 and 78; thence running North 79 degrees 01 minutes West 157.5 feet to an iron pin corner on the Northwest line of Lot No. 75; thence running North 27

Page 4214

degrees 49 minutes West 134.5 feet to an iron pin corner on the South side of Bellvue Road; thence running along the South side of said Bellvue Road North 80 degrees 43 minutes East 147.5 feet to the iron pin point of beginning. Reference being made to said plat and survey and made a part hereof. Said premises has a seven-room frame dwelling situated thereon. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, in the Oakwood Acres Sub-division of the Oscar Carpenter property, and being more fully described as follows: BEGINNING at an iron pin corner on the Northwest side of Lewis Street next to the House property, and running thence along the line of the House property North 19 degrees 35 minutes West 295 feet to an iron pin corner next to Lot No. 27 of the Oakwood Acres Sub-division; thence along the line of Lot No. 27 North 72 degrees 44 minutes East 250 feet to an iron pin corner next to the branch; thence along the branch for the line South 7 degrees 39 minutes West 95 feet to an iron pin corner; thence South 32 degrees 13 minutes East 100 feet to an iron pin corner; thence South 54 degrees 53 minutes East 105.8 feet to an iron pin corner; thence South 47 degrees 53 minutes East 35 feet, more or less to an iron pin corner next to property formerly owned by Harold Coffee, now owned by George A. Wood and Robbie L. Wood; thence along the formerly Coffee and now George A. Wood and Robbie L. Wood line South 73 degrees 15 minutes West 160 feet, more or less, to an iron pin corner; thence along the Northwest side of Lewis Street South 73 degrees 15 minutes West 148 feet back to the beginning iron pin corner, and being known as Lots A and B of the Oakland Acres Sub-division, according to plat and survey of the Oscar Carpenter property by G. Dwight Pless, Registered Surveyor, dated September 28, 1965, reference being made to said plat and survey and made a part of this description. All that tract or parcel of land lying and being in the Toccoa, 440th District, G. M., Stephens County, Georgia, and in the sub-division known as Harper Home Sites, and more

Page 4215

particularly described as follows: BEGINNING at a stake corner on the East side of Terrell Drive and running thence along Terrell Drive North 48 degrees 48 minutes West 134.15 feet to an iron pin next to Lot No. 66; thence North 79 degrees 08 minutes East 321 feet to an iron pin corner next to Lot No. 62; thence South 10 degrees 52 minutes East 60.30 feet to an iron pin corner; thence South 68 degrees 15 minutes West 243.12 feet to the beginning iron pin corner and being known and designated as Lot No. Sixty-Seven (67) of the Harper Home Site Sub-division according to plat of Survey of John F. Carey, dated November 21, 1950. Said premises has a seven room brick veneer dwelling situated thereon. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner on the South side of Skyline Drive, which iron pin corner is South 40 degrees 25 minutes West One Hundred Nine and Ninety five hundredths (109.95) feet from an iron pin corner at the Northwest corner of the intersection of Skyline Drive and Cherry Lane, said beginning corner being common to the lands herein described and the Hicks lands and running thence South 21 degrees 50 minutes East along the Hicks lands two Hundred Ten (210) feet to an iron pin corner which is common to the Hicks lands, the Andrews lands and the tract herein described; thence along the Andrews line South 69 degrees 10 minutes West One Hundred Four (104) feet to an iron pin corner next to the Merck line; thence along the Merck line North 21 degrees 50 minutes West Two Hundred Ten (210) feet to an iron pin corner on the South side of Skyline Drive; thence along the right of way of Skyline Drive North 69 degrees 10 minutes East one hundred four (104) feet to the beginning iron pin corner all according to plat and survey by James H. Garrett, Jr., Registered Surveyor, dated July 17, 1965. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia and more particularly described in Warranty Deed from J. R. Rountree to Mrs. Annie W. Harper which deed is dated September

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28, 1950 recorded in Deed Book 46, page 496 Stephens County Records. ALSO: All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia and more particularly described in Warranty Deed from Dorothy H. Huber to Annie W. Harper dated February 16, 1951, recorded in Deed Book 52, page 50, Stephens County Records. ALSO: All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia and more particularly described in Warranty Deed from Jack Holcomb to Mrs. Annie W. Harper by Warranty Deed dated January 23, 1951, recorded in Deed Book 52, page 1, Stephens County Records. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being more fully described as follows: BEGINNING at an iron pin at the Northeast right of way line of State Highway 17 at its intersection with the Southeast right of way of Harris Street and running from said iron pin North 45 degrees 0 minutes East 250 feet along the right of way of Harris Street to an iron pin; thence running South 45 degrees 0 minutes East 81.5 feet to an iron pin; thence running South 35 degrees 15 minutes West 211.6 feet to an iron pin located on the right of way line of State Highway 17; thence running North 64 degrees 41 minutes West 125 feet to the point of beginning and the beginning corner. Said property is the same property as described in Plat Book 3, page 122, Office Clerk Superior Court, Stephens County, Georgia, and being property conveyed to Royce J. Sewell, Jr. from Royce J. Sewell, Sr., as shown by deed recorded in Deed 42, page 87, Office of the Clerk, Superior Court, Stephens County, Georgia. Being the same property conveyed by Royce J. Sewell, Jr. to Hast-T-Mart, Inc. by Warranty Deed dated March 26, 1968, recorded in Deed Book 103, page 648, Stephens County Records. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and beginning at an iron pin corner on the South side of Collins Road running

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thence South 58 degrees 30 minutes East 131.4 feet to an iron pin corner; thence South 43 degrees 0 minutes West 252 feet to a corner; thence North 14 degrees 33 minutes West approximately 165 feet to a corner on the right of way of Collins Road; thence North 67 degrees 17 minutes East 55 feet along the right of way of Collins Road to a concrete monument; thence North 33 degrees 50 minutes East 84.8 feet along the right of way of Collins Road to the beginning corner. Being all of Lot No. 4, and part of Lot No. 5 of the property of Roy D. McCay. ALSO, being all that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, on the Southeast side of Collins Road and more particularly described as follows: BEGINNING at an iron pin corner on the Southeast side of Collins Road, said iron pin corner being located 300 feet South from the intersection of Collins Road and State Highway 17 (Big A Road), next to Lot No. 2 of the property of Roy McCay, according to Plat and survey thereof dated April 5, 1951, and running thence along the line of Lot No. 2 of said property South 57 degrees 50 minutes East 147.34 feet to an iron pin corner on the Defoor line; thence along the Defoor property South 43 degrees West 100 feet to an iron pin corner next to Lot No. 4 of the Roy McCay property; thence along Lot No. 4 North 58 degrees 30 minutes West 131.40 feet to an iron pin corner on the Southeast side of Collins Road; thence along Collins Road North 33 degrees 50 minutes East 100 feet to the point of beginning and being Lot No. 3, property of Doff Thomason according to Plat and Survey thereof dated April 5, 1951. Being the same property conveyed by Roy D. McCay and Doff Thomason to Trustees of Narcissus Baptist Church dated October 25, 1971, recorded in Deed Book 111, page 441-442, Office of the Clerk of Superior Court, Stephens County, Georgia. All that tract or parcel of land situate, lying and being in the 440th District, G.M., Stephens County, Georgia, on the Northeast side of State Highway 17 and more particularly described as follows: BEGINNING at an iron pin corner on

Page 4218

the Northeast side of State Highway 17 next to property of Dr. C. L. Ayers, and running thence along the right of way of State Highway 17 North 55 degrees 41 minutes West 100 feet to a Power Pole; thence continuing along the right of way of State Highway 17 North 57 degrees 01 minute West 100 feet to an iron pin corner next to property of Allgood; thence along the line of Allgood North 39 degrees 14 minutes East 200 feet to an iron pin corner; thence continuing along the Allgood property South 56 degrees 21 minutes East 200 feet to an iron pin corner next to property of Ayers; thence along the line of Ayers South 39 degrees 14 minutes West 200 feet to the beginning iron pin corner, all according to plat and survey by A. B. Turnbull, Registered Surveyor, dated December 15, 1970. Said property being bounded on the Southwest by State Highway 17, on the Northwest and Northeast by Allgood, and on the Southeast by Ayers. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, located on the Southwest side of State Highway 17 and more fully described as follows: BEGINNING at an iron pin corner on the Southwest side of State Highway 17 next to Lot 3 of the Holcomb Sub-division, said iron pin corner being two hundred ninety-nine (299) feet Northwest of the intersection of State Highway 17 and Skyline Drive, and running thence along the line of Lot 3 South 40 degrees 40 minutes West 210.3 feet to an iron pin corner; thence along the line of Lots 3 and 2 of the Holcomb Subdivision South 49 degrees 17 minutes East 184.1 feet to an iron pin corner next to Lot 1 in said Sub-division; thence South 42 degrees 07 minutes West 197.7 feet to an iron pin corner in the ditch next to the Currahee Heights Sub-division; thence along the line of the Currahee Heights Sub-division South 81 degrees 27 minutes West 171.4 feet to an iron pin corner; thence North 59 degrees 15 minutes West 113.8 feet to an iron pin corner; thence North 70 degrees 22 minutes West 92.5 feet to an iron pin corner next to the Clodfelter property; thence along the line of Clodfelter North 40 degrees 29 minutes East 363.9 feet to an iron pin corner next to Lot 5 in the Holcomb Sub-division, now owned by Clodfelter; thence along the line of Lot 5 North 40 degrees 49 minutes East 210.1 feet to an iron pin corner on the right of way of State Highway 17;

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thence along the right of way of State Highway 17 South 56 degrees 36 minutes East 133 feet to the beginning iron pin corner and containing 2.90 acres according to Plat and Survey by Clelland A. Tyson, Registered Surveyor, dated September 21, 1971. All that tract or parcel of land lying and being in Stephens County, Georgia, at the intersection of Currahee Heights Road and State Highway No. 17, South of Toccoa and more particularly described as follows: Beginning at the point in the Westerly right-of-way Route 17 where the Southerly right-of-way of Currahee Heights Road intersects same, and from said point South 51 East along the Westerly side of Route seventeen a distance of 280 feet to property formerly owned by Joe Malik known as lot 8 on plat hereinafter referred to; thence South 36 West, along the dividing line of lots 8 and 9 a distance of 260 feet; thence North 51 West 84 feet to Currahee Heights Road; thence North along the Southerly side of said Road 341 feet to the said point of beginning. Said land being improved property and consisting of lots 9 and 10 according to plat prepared by M. B. Collier, County Surveyor, during 1939 and 1940. All that tract or parcel of land lying and being in the City of Toccoa, Stephens County, Georgia, in the Ridgeview Heights Sub-division and more fully described as follows: BEGINNING at an iron pin corner on the Northeast side of Ridgeview Drive next to Lot 6 in said sub-division, and running thence along the right of way of Ridgeview Drive North 28 degrees 30 minutes West 50.76 feet, North 06 degrees 31 minutes 38 seconds West 16.84 feet, North 12 degrees 46 minutes 18 seconds West 37.83 feet to an iron pin corner next to Lot 4 in said sub-division; thence along the line of Lot 4 North 49 degrees 00 minutes 40 seconds East 149.32 feet to an iron pin corner; thence South 30 degrees 07 minutes 08 seconds East 130.43 feet to an iron pin corner next to Lot 6 in said sub-division; thence along the line of Lot 6 South 59 degrees 52 minutes 52 seconds West 166.09 feet to the beginning iron pin corner and being Lot 5 of the Ridgeview Heights Sub-division according to plat and survey by Clelland A. Tyson, Registered Surveyor, dated April

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3, 1974, recorded in Plat Book 7, page 88, Stephens County Records. All that tract or parcel of land lying and being in the 440th District, G. M. Stephens County, Georgia, and being Lot 4 of Ridgeview Heights Sub-division, according to plat and survey thereof dated April 3, 1974, by Clelland Tyson, Registered Surveyor and more particularly described as follows: BEGINNING at a corner common to Lots 3 and 4 of said sub-division, said corner being located on the Northwest side of the right of way of Ridgeview Drive and running thence along the line of Lot No. 3 North 17 degrees 55 minutes 21 seconds West 130.32 feet to the center line of a dirt road; thence North 73 degrees 18 minutes East 154.15 feet to a corner next to property of Martin Lumber Company; thence along the line of Martin Lumber Company South 30 degrees 7 minutes 8 seconds East 95 feet to a corner next to Lot 5 of said sub-division; thence along the line of Lot No. 5 South 49 degrees 40 seconds West 149.32 feet to the right of way of Ridgeview Drive; thence following the right of way of Ridgeview Drive 100 feet, more or less, to the point of beginning, all according to said plat and survey, copy of which is recorded in Plat Book 7, page 88, Stephens County Records. All that tract or parcel of land situate, lying and being in the 440th District, G. M., Stephens County, Georgia and being Lot 3 of Ridgeview Heights Sub-division according to plat and survey thereof dated April 3, 1974, by Clelland Tyson; Registered Surveyor and more particularly described as follows: BEGINNING at a corner common to Lots 2 and 3 of said sub-division, said corner being located on the Northwest side of the right of way of Ridgeview Drive and running thence along the line of Lot No. 2 North 79 degrees 20 minutes 29 seconds West 206.03 feet to the centerline of a dirt road; thence North 55 degrees 11 minutes 00 seconds East 184.0 feet to a point on the centerline of a dirt road; thence North 73 degrees 18 minutes 00 seconds East 40.00 feet to the centerline of a dirt road; thence along the line of Lot No. 4 of said sub-division South 17 degrees 55 minutes 21 seconds East 130.32 feet to the right of way of Ridgeview Drive; thence along the right of way of Ridgeview

Page 4221

Drive 42.88 feet more or less, to the point of beginning, all according to plat of survey copy of which is recorded in Plat Book 7, page 88, Stephens County Records. AND ALSO, All that tract or parcel of land situate, lying and being in the 440th District, G. M. Stephens County, Georgia and being Lots 6, 7, 8, and 9 of Ridgeview Heights Sub-division according to plat and survey thereof dated April 3, 1974, by Clelland Tyson, Registered Surveyor and more particularly described as follows: BEGINNING at a corner common to Lots 5 and 6 of said sub-division, said corner being located on the Northwest side of the right of way of Ridgeview Drive and running thence along the line of lot No. 5 North 59 degrees 52 minutes 52 seconds East 166.09 feet to a point common to Lot 6, Lot 5, and lands of Martin Lumber Company; thence South 30 degrees 7 minutes 8 seconds East 115 feet to an iron pin; thence South 55 degrees 27 minutes 00 seconds East 105.30 feet to an iron pin thence along the centerline of the branch 520 feet more or less to an iron pin; thence along the line of Nichols, North 80 degrees 29 minutes 10 seconds West 99.85 feet to an iron pin; thence North 79 degrees 21 minutes 32 seconds West 136.23 feet to an iron pin; thence North 80 degrees 03 minutes 44 seconds West 76.20 feet to an iron pin; thence North 81 degrees 36 minutes 17 seconds West 158.62 feet to a point common to Lots 9 and 10 of said sub-division and the lands of Powers; thence North 09 degrees 52 minutes 32 seconds East 85.39 feet to the right of way of Ridgeview Drive; thence along the right of way of Ridgeview Drive 136.85 feet more or less, to a point common to Lot 7 and Lot 8 of said subdivision; thence along the right of way of Ridgeview Drive North 28 degrees 30 minutes 00 seconds West 335.05 feet to the point of beginning all according to plat of survey, copy of which is recorded in Plat Book 7, page 88, Stephens County Records. All that tract or parcel of land lying and being in the G.M.D. 440 Stephens County, Georgia and more particularly described as follows: BEGINNING at an iron pin corner on the Northeast side of Currahee Heights Road right of way at the Northwest Corner of Lot No. 111; thence running along the Northeast side of Currahee Heights Road right of way

Page 4222

North 19 degrees 15 minutes West Ninety (90) feet to an iron pin corner at the Southeast line of Lot No. 109; thence running along the Southeast line of Lot No. 109 North 70 degrees 08 minutes East One Hundred Fifty (150) feet to an iron pin corner at undeveloped property; thence running along undeveloped property South 19 degrees 15 minutes East Ninety-One and Sixty-Two One Hundredths (91.62) feet to an iron pin corner on the Northwest side of Lot No. 111; thence running along the Northwest line of Lot No. 111 South 70 degrees 45 minutes West One Hundred Fifty (150) feet back to the point of beginning and being all of Lot Number One Hundred Ten (110) of the Meadowbrook Sub-division all according to Sketch of Survey by James H. Garrett, Jr., R. S., dated August 25, 1963, reference being made to said Sketch and Survey and made a part of this description. All that tract or parcel of land situate, lying and being in the 440th District, G. M., Stephens County, Georgia, and in Block C of the O. K. Sellers Sub-division, and being more particularly described as follows: BEGINNING at an iron pin corner on the Northeast side of South Big A Road next to Lot No. 10, Block C of the O. K. Sellers Sub-division said iron pin corner being 400 feet Southeast of the intersection of South Big A Road and LeTourneau Drive and running thence along the line of Lot No. 10 North 46 degrees East 150.13 feet to an iron pin corner next to Lot No. 19 in Block C of the O. K. Sellers Sub-division; thence along the line of Lot No. 19 South 44 degrees 12 minutes East 35 feet, more or less, to a point common to Lot No. 9 of the O. K. Sellers Sub-division, said point being 20 feet off the South side of Lot No. 19 of the O. K. Sellers Sub-division; thence in a Northeasterly direction 150 feet, more or less, to the South right of way of Norwood Avenue; thence along the South right of way of Norwood Avenue 190 feet, more or less, to an iron pin corner; thence along Lot 22 and Lot 6 of the O. K. Sellers Sub-division South 46 degrees 34 minutes West 300 feet, more or less, to an iron pin corner on the Northeast side of South Big A Road; thence along the Northeastern side of South Big A Road North 43 degrees 54 minutes West 225 feet, more or less, to the beginning iron pin corner, all according to a plat and survey of Block C of the O. K. Sellers

Page 4223

Sub-division by James H. Garrett, Jr. dated January 27, 1958. The above property comprises property conveyed by Willis Garrison to Lola Dean Purcell recorded in Deed Book 69, page 279, the property conveyed by Lola Dean Purcell to Charles Warren Smith and Mary Jo Smith by Warranty Deed recorded in Deed Book 88, page 485, and being the same property conveyed by Allie Edwards Ridley to Charles W. Smith and Mary Jo Smith dated March 18, 1974 and recorded in Stephens County Records. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia on the North side of Georgia Highway 17 and more fully described as follows: BEGINNING at an iron pin corner on the North side of Georgia Highway 17 next to property known as the Huber Feltex property now owned by Wallace said iron pin corner being 895.5 feet Northwest of the intersection of Georgia Highway 17 and Collier Mill Road, and running thence along the right of way of Georgia Highway 17 North 52 degrees 19 minutes West 100 feet to an iron pin corner next to the Bell property; thence along the line of Bell North 23 degrees 49 minutes East 152.3 feet to an iron pin corner next to property of Randall; thence along the line of Randall South 55 degrees 02 minutes East 99.7 feet to a concrete monument next to the Wallace property; thence along the line of Wallace South 24 degrees 05 minutes West 157 feet to the beginning iron pin corner and being Lot 1, 2, 3, and 4 in the C. T. Bell Sub-division according to plat and survey by Clelland A. Tyson, Registered Surveyor, dated November 15, 1973. Being the same property conveyed by Mrs. Ola B. Ragsdale to Edward Shockley by Warranty Deed, dated July 24, 1953, recorded in Deed Book 58, page 99, Stephens County Records. All that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and being known as Lot No. 1 in Block A according to a plat and survey of the O. K. Sellers property as made by J. W. Burpitt, Civil Engineer on April 16, 1940, said plat is recorded in Plat Book 2, page 53, in the Office of the Clerk of Superior Court, Stephens

Page 4224

County, Georgia, to which plat and survey reference is hereby made and made a part of this description. Said lot fronts State Highway No. 17, 80 feet. Being a part of the property conveyed by Fred A. Stowe to D. J. Rice by Warranty Deed dated September 4, 1944, which deed is recorded in Deed Book 35, page 388, said property being improved property, having a concrete block merchantile building 50 [UNK] 60 feet situated thereon. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and being all of Lots Numbers Twenty-Three (23) and Twenty-Four (24) in Block A of the N. L. Garland Subdivision according to plat and survey by E. P. Titshaw, October, 1927, and recorded in the Office of the Clerk of Superior Court, of Stephens County, Georgia in Plat Record Number One (1) Pages Sixty (60) and Sixty One (61), reference being made to said plat and made a part of this description. Said premises has a six-room frame dwelling situated thereon. Said lots front Fifty (50) feet each on East Tugalo Street and run back same width as front One Hundred Forty (140) feet. All that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and in the 440th District, G. M., said County, and being located on State Highway No. 17, between the City of Toccoa, Georgia, and the Toccoa Municipal Waterworks Lake, and described as follows: BEGINNING at a corner on the Northerly side of State Highway No. 17, at the intersection of said State Highway No. 17 and the road to the county rock quarry, and running thence along the road to the county rock quarry North 28 East 350 feet to a corner; thence North 2231 East 207 feet to an iron pin corner on said road; thence along the lands of D. R. Williams North 57[UNK] West 328 feet to an iron pin corner at corners of land D. R. Williams and T. M. Wilkinson; thence along lands of T. M. Wilkinson South 48 West 500 feet to a stake corner on State Highway No. 17; thence along State Highway No. 17 South 48 East 540 feet to the

Page 4225

beginning corner, and containing Five (5) acres, more or less, and known in said County as a part of the T. M. Wilkinson property, all according to a plat and survey thereof made by M. B. Collier, County Surveyor, on November 17, 1944, which survey and plat is hereby made a part hereof as fully and completely as if set out in detail herein. There is a dwelling located on the above described property, known as the Mary S. and James C. Kimsey homeplace. The above being the same property conveyed by Warranty Deed from Delores Dubie Clark to James C. Kimsy and Mary S. Kimsey July 21, 1954, recorded in Deed Book 59, Page 390, in the Office of the Clerk of the Superior Court of Stephens County, Georgia. Also being the same property conveyed by James C. Kimsey to Mary S. Kimsey by Warranty Deed dated November 1, 1955, recorded in Deed Book 62, Page 112, in the Office of the Clerk Superior Court, Stephens County, Georgia. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin corner on the Southwest right of way line of Georgia State Highway No. 17, said iron pin being common with the corner property of formerly Dewey DeFoor and being 0.4 miles from the Toccoa City Limits and 453 feet to the right of way of Collins Road; thence running along the Southwest right of way of State Highway 17 South 66 degrees East 125 feet to an iron pin corner; thence running along other property of Mrs. Wright, South 42 degrees 08 minutes West 250 feet to an iron pin corner; thence continuing with other property of Mrs. Wright North 66 degrees 00 West 125 feet to an iron pin corner; thence running along property now or formerly Dewey DeFoor North 42 degrees 08 minutes East 250 feet to the beginning iron pin corner, all according to sketch of survey for Willis Garrison by Oliver Humphries, Georgia Registered Surveyor dated July 25, 1952, to which survey reference is made for a more complete and accurate description of said premises. All that tract or parcel of land lying and being in the Toccoa 440th District, G. M., Stephens County, Georgia in

Page 4226

what is known as the Oakwood Acres Sub-division, more particularly described as follows: BEGINNING at an iron pin corner on the West side of Cherry Street between Lots 2 and 4 of said sub-division and running thence along the Western boundary of Cherry Street South 19 degrees 30 minutes East 100 feet to an iron pin corner next to Lot No. 6; thence along a westernly direction along the line between Lots 4 and 6, 154 feet to an iron pin corner next to Dewey Collier lands; thence North 19 degrees 30 minutes West 100 feet to an iron pin corner next to Lot No. 2; thence North 73 degrees 15 minutes East 100 feet to the beginning iron pin corner and making a lot fronting on the West side of Cherry Street 100 feet and running back same width as front 154 feet and being bounded on the North by Roy Craig property, on the East by Cherry Street, on the South by Lot No. 6, owned by Oscar Carpenter and on the West by Dewey Collier lands, and being known and designated as Lot No. 4 of said Oakwood Acres Sub-division according to plat of O. F. Smith dated March 21, 1957, recorded in Plat Book 3, page 223, Stephens County Records. This lot contains one five room frame dwelling. Being the same property conveyed by Mrs. Viola Murray to Laurence C. and Gladys M. Clark by Warranty Deed dated November 8, 1974 recorded in the Deed Records of Stephens County, Georgia. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, being the Southern portion of Lot No. 1 and the Northern portion of Lot No. 3 of said Oakwood Acres Sub-division, and being designated as Lot B on the plat made by James H. Garrett, Jr., Registered Surveyor, dated August 19, 1961, in a re-sub-division of Lots 1, 3, and 5 of the Oakwood Acres Sub-division, and more particularly described as follows: BEGINNING at an iron pin corner on the East side of Cherry Street next to Lot A of Oakwood Acres, said iron pin corner being South 19 degrees 09 minutes East 75 feet from an iron pin corner at the intersection of Dogwood Road and Cherry Street, and running thence along the line of Lot No. A North 72 degrees 46 minutes East 153.21 feet to an iron pin corner

Page 4227

next to Lot No. 18 of the Oakwood Sub-division; thence along the line of Lot No. 18 and 20 of said sub-division South 19 degrees East 75 feet to an iron pin corner next to Lot C; thence along the line of Lot No. C South 72 degrees 46 minutes West 153.1 feet to an iron pin corner on the East side of Cherry Street; thence along the East side of Cherry Street North 19 degrees 09 minutes West 75 feet to the beginning iron pin corner, all according to plat and survey by James H. Garrett, Jr., Registered Surveyor, dated August 19, 1961. Being bounded on the North by Lot No. A, East by Lots 18 and 20, on the South by Lot C and on the West by Cherry Street. All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, located on the Northeast side of Georgia Highway 106 and more fully described as follows: BEGINNING at an iron pin corner on the Northeast side of Georgia Highway 106 next to lands of Morris, and running thence along the right of way of Georgia Highway 106 North 38 degrees 04 minutes West 141.6 feet to a corner in the center of an abandoned road; thence along the center line of said abandoned road North 49 degrees 18 minutes East 125 feet to an iron pin corner next to property of Cantrell; thence along the line of Cantrell South 38 degrees 04 minutes East 141.6 feet to an iron pin next to property of Morris; thence along the line of Morris South 49 degrees 18 minutes west 125 feet to the beginning iron pin corner and containing 0.41 acre according to Plat and Survey by Clelland A. Tyson, Registered Surveyor dated July 30, 1974. All that tract or parcel of land situate, lying and being in the 440th District, G.M., Stephens County, Georgia and being more particularly described as follows: BEGINNING at a point on the Northeast right of way of Georgia Highway 106 next to property of Scott at a point 141.5 feet, more or less, Southeast of the intersection of Georgia Highway 106 and Mountain View Road; thence North 49 degrees 18 minutes East 125.0 feet to an iron pin corner; thence South 80 degrees 04 minutes East 100.6 feet to an iron pin corner; thence South 41 degrees 49 minutes East 99.4 feet to an iron pin corner next to property of Coker; thence South 58 degrees

Page 4228

10 minutes West 181.7 feet along property of Coker to an iron pin corner on the Northeast right of way of Georgia Highway 106; thence North 45 degrees 42 minutes West 127.6 feet along the right of way of Georgia Highway 106 to a point; thence North 38 degrees 04 minutes West 22.4 feet along the right of way of Georgia Highway 106 to the beginning iron pin corner and containing 0.63 acre according to plat of survey by Clelland A. Tyson, dated July 30, 1974. All that tract or parcel of land lying and being in Stephens County, Georgia 440th District, G. M., beginning at an iron pin corner on road leading to Jackson Baker Home; thence in a straight line in an Easterly direction along property of James Jackson 210 feet to iron pin corner; thence a straight line Northerly along property of Mrs. W. R. Manus 210 feet to iron pin corner; thence a straight line Westerly along other property of W. R. Manus 210 feet to an iron pin corner on said road; thence Southerly along said road 210 feet to beginning corner, with dwelling and outhouses situated thereon. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and in the 440th District, G. M., and more particularly described as follows: BEGINNING at an iron pin corner on the South side of State Highway No. 17 at corner of this property and property formerly owned by J. J. Powell, now owned by Gus Smith; thence running back in a Southwesterly direction along property of Gus Smith Two Hundred (200) feet to an iron pin corner on other property of W. M. Biggers and Gus Smith; thence running along other property of W. M. Biggers in a Southeasterly direction One Hundred (100) feet to an iron pin corner on other property of W. M. Biggers; thence running in a Northeasterly direction along other property of W. M. Biggers Two Hundred (200) feet to an iron pin corner on right of way of State Highway 17; thence running in a Northwesterly direction along right of way of State Highway No. 17 One Hundred (100) feet back to the beginning iron pin corner, making a lot 100 [UNK] 200 feet. Being a portion of the property conveyed by D. J. Holcomb to W. M. Biggers by Warranty Deed dated June 6, 1944, which

Page 4229

Deed is recorded in Deed Book 35, page 356, in the Office of the Clerk of Superior Court, Stephens County, Georgia. The above described property being the same as conveyed from W. M. Biggers to Ernest B. Bagwell and Mabel O. Bagwell by Warranty Deed dated June 14, 1952, recorded in Deed Book 52, page 457, Stephens County Records. And Also, All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and on the Southwest side of State Highway No. 17 leading from Toccoa, Georgia, to Lavonia, Georgia, and also known as Big A Road, more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of said Road; thence running South 25 degrees 11 minutes West 250 feet, more or less, along W. M. Biggers line to an iron pin corner; thence running North 64 degrees 45 minutes West 130 feet along other property of W. M. Biggers to an iron pin corner at Gus Smith property line; thence running North 32 degrees 00 minutes East 50 feet along Gus Smith property line to an iron pin corner at property of Gus Smith and other property of Ernest B. Bagwell and Mabel O. Bagwell; thence running South 66 degrees 00 minutes East 100 feet along other property of said Bagwell's to an iron pin corner; thence running North 32 degrees 00 minutes East 200 feet along other property of said Bagwell's back to the iron pin point of beginning. The above described property being the same as conveyed from W. M. Biggers to Ernest B. Bagwell by Warranty Deed dated October 18, 1954, recorded in Deed Book 58, page 536, Stephens County Records. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, in the Ernest Brady Sub-division and being more particularly described as follows: BEGINNING at an iron pin corner on the East side of Irene Street next to Lot No. 2 in said sub-division, said iron pin corner being 132.05 feet South of the intersection of Irene Street and Brady Street and running thence along the line of Lot No. 2 South 71 degrees 45 minutes East 150 feet to an iron pin corner next to the Vaughn

Page 4230

property; thence along the line of the Vaughn property South 18 degrees 18 minutes West 75 feet to an iron pin corner next to Lot No. 4 in said sub-division; thence along the line of Lot No. 4 North 71 degrees 45 minutes West 150 feet to an iron pin corner on the East side of Irene Street thence along the Eastern boundary of Irene Street North 18 degrees 15 minutes East 75 feet to the point of beginning and being Lot No. Three (3) of the Ernest Brady Sub-division, according to plat and survey by James H. Garrett, Jr., Registered Surveyor, dated November 2, 1955. Said premises has a five-room frame dwelling situated thereon. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, in the Brady Sub-division and more particularly described as follows: BEGINNING at an iron pin corner on the West side of Irene Street in said sub-division next to Lot No. 11 of said subdivision, said iron pin corner being 173 feet Southwest of the intersection of Irene Street and Brady Street and thence running along the West side of Irene Street South 18 degrees 15 minutes West Seventy-five (75) feet to an iron pin corner next to Lot No. 14 in said sub-division; thence running along the line of Lot No. 14 North 71 degrees 45 minutes West One Hundred Fifty (150) feet to an iron pin corner at the rear of Lot No. 20; thence in said sub-division; thence along the line of Lots No. 20 and 22 North 18 degrees 15 minutes East Seventy-five (75) feet to an iron pin corner next to Lot No. 11 in said sub-division; thence along the line of Lot No. 11 South 71 degrees 45 minutes East One Hundred Fifty (150) feet to the beginning iron pin corner and being Lot No. Twelve (No. 12) of the Ernest L. Brady Sub-division, according to plat and survey by James H. Garrett, Jr., R. S., dated November 2nd 1955, reference being made to said plat and survey and made a part of this description. Said premises has a six-room brick veneer dwelling situated thereon. All that tract or parcel of land lying and being in the

Page 4231

County of Stephens, State of Georgia, and in the 440th District, G. M. of said County and known as the B. F. Bruce Sub-division in the original Collins Tract and being all of Lot Number Ten (10), all according to Plat and Survey by O. F. Smith, R. S., March 29, 1954, which plat is recorded in Plat Book 3, page 94 in the Office of the Clerk of Superior Court, Stephens County, Georgia, reference being made to said plat and survey and made a part of this description. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, in the Brady Subdivision, and being more fully described as follows: BEGINNING at an iron pin corner on the West side of Irene Street next to Lot No. 10 in said sub-division, said iron pin corner being 98.21 feet Southwest of the intersection of Irene Street and Brady Street, and running thence along the line of Lot No. 10 North 71 degrees 45 minutes West 150 feet to an iron pin corner next to Lot No. 22 in said sub-division; thence along the line of Lot No. 22 South 18 degrees 15 minutes West 75 feet to an iron pin corner next to Lot No. 12 in said sub-division; thence along the line for Lot No. 12 South 71 degrees 45 minutes East 150 feet to an iron pin corner on the West side of Irene Street; thence along the West side of Irene Street North 18 degrees 15 minutes East 75 feet to the beginning iron pin corner and being Lot No. 11 of the Brady Sub-division according to plat and survey by James H. Garrett, Jr., Registered Surveyor, dated November 2, 1955, recorded in Plat Book 3, page 166, Stephens County, Georgia Records. All that tract or parcel of land lying and being in the Toccoa 440th District, G. M., Stephens County, Georgia, approximately one-fourth mile Northeast of the City Limits of the City of Toccoa in the Ernest Brady Sub-division, more particularly described as follows: BEGINNING at an iron pin corner on the South side of Patsy Drive on Samuel M. and Margaret C. Inman property, which iron pin corner is South 84 degrees 03 minutes East 123 feet from the intersection of Prather Bridge Road and Patsy Drive; and running thence from said iron pin corner along the Southern boundary of Patsy Drive South 84 degrees 03 minutes East 151 feet 10 inches to an iron pin corner between lots 27 and 28 of said

Page 4232

sub-division; thence along the line of Lot 27 South 85 degrees 57 minutes West 186.9 feet to an iron pin corner next to the Putnam lands, now Martin Realty Company property; thence along the Martin Realty Company lands South 83 degrees 14 minutes West 118 feet 2 inches to an iron pin corner on the Samuel M. and Margaret G. Inman property; thence along the Inman line North 04 degrees 45 minutes West 190.12 feet to the beginning iron pin corner and being Lot No. 28 and a portion of Lot 29 of the Ernest Brady Subdivision, according to plat of survey recorded in Plat Book 3, page 166, Stephens County Records. Said lands being bounded on the North by Patsy Drive, on the East by Lot 27 of said sub-division, on the South by Martin Realty Company property and on the West by Samuel M. and Margaret G. Inman property. All that tract or parcel of land lying and being in the State of Georgia, County of Stephens, 440th District, G. M., and being the front portion of Lots 26 and 27 in the Ernest Brady Sub-division; and more particularly described as follows: BEGINNING at an iron pin corner on the right of way of Patsy Drive at corner of Lot No. 25; thence along Lot No. 25, Southwest 121.52 feet, more or less, to an iron pin corner at Lot No. 26; thence North 85 degrees 14 minutes West 197.4 feet to an iron pin corner at Lot No. 28; thence North 05 degrees 57 minutes East 119.4 feet to an iron pin corner on right of way of Patsy Drive; thence South 84 degrees 03 minutes East 197.4 feet to the beginning iron pin corner on right of way of Patsy Drive. For an accurate and definite description of this property reference is hereby made to a plat thereof made on April 1, 1975, by Tyson Associates, Inc., Registered Surveyors. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and in the 440th District, G. M., and more particularly described as follows: BEGINNING at an iron pin corner on the North side of Rountree Road at the East line of Lot No. 51; thence running along the line of Lot No. 51 North 10 degrees 42 minutes West One Hundred Fifty (150) feet to an iron pin corner on line of Lot No. 41; thence running along the South

Page 4233

line of Lot No. 41 North 79 degrees 18 minutes East Seventy-five (75) feet to an iron pin corner on the West line of Lot No. 53; thence running along the West line of Lot No. 53, South 10 degrees 42 minutes East One Hundred Fifty (150) feet to an iron pin corner on the North side of Rountree Road; thence running along the North side of Rountree Road South 79 degrees 18 minutes West Seventy-five (75) feet back to the iron pin point of beginning and being all of Lot No. Fifty-two (52) of the Harper Home Site Subdivision, according to sketch of survey by James Ryals dated May 31, 1962, reference being made to said sketch of survey and made a part of this description. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and on the East side of the Prather Bridge Road, and described as beginning on the East side of the Prather Bridge Road at an iron pin corner, and running East 340 feet to a gulley, thence North down the gulley 234 feet to a persimmon tree on banks of the gulley, thence West 390 feet to the Prather Bridge Road, thence South along the Prather Bridge Road 107 feet to the beginning iron pin corner. All that tract or parcel of land lying and being in the State of Georgia, Stephens County, in the 440th District, G. M. and more fully described as follows: BEGINNING at an iron pin corner on the Southwest side of Currahee Heights Road at the Southeast corner of Lot No. 90, thence running along the Southeast line of Lot No. 90, South 65 degrees 45 minutes West 150 feet to an iron pin corner; thence running along undeveloped property South 23 degrees 47 minutes East 96.69 feet to an iron pin corner; thence running along the Northwest line of Lot No. 92 North 67 degrees 01 minute East 150 feet to an iron pin corner; thence running along the Southwest side of Currahee Heights Road North 23 degrees 47 minutes West 100 feet to the iron pin point of beginning on the Southwest side of Currahee Heights Road, and being all of Lot Number Ninety-one (91) of the Meadowbrook Subdivision, all according to sketch of survey by James H. Garrett, Jr., R. S., dated August 25, 1963, reference being made to said sketch of survey and made a part of this description.

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Being the same property conveyed by William Thompson Osterhaus and Judith Ann K. Osterhaus to Robert J. Kepple and Carol A. Kepple by Warranty Deed dated July 2, 1975 recorded in Deed Book 128, page 604, Stephens County Records. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and in the 440th District, G. M., of said County and more particularly described as follows: BEGINNING at an iron pin on the East side of Irene Street; thence running along the East side of Irene Street N. 18 degrees 15 minutes East Seventy-five (75) feet to an iron pin corner at line of Lot No. Three (3); thence running South 71 degrees 45 minutes East along the South line of Lot No. Three, One Hundred Fifty (150) feet to an iron pin corner; thence running South 18 degrees 15 minutes West Seventy-five (75) feet to an iron pin corner at Lot No. Five; thence running along the North line of Lot No. 5 North 71 degrees 45 minutes West to the beginning iron pin corner and being all of Lot No. 4 of the Ernest Brady Sub-division, according to plat and survey by James H. Garrett, Registered Surveyor, dated Nov. 2, 1955, reference being made to said plat and survey and made a part of this description. Said premises has a five-room dwelling situated thereon. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and described as follows: BEGINNING at an iron pin corner of property of Van Nelms and Bud Dove; thence running in a Northerly direction along East side of Prather Brice Road Ninety (90) feet to an iron pin, thence in an easterly direction Two Hundred (200) feet to an iron pin; thence in a Southerly direction Ninety (90) feet to an iron pin at corner of Nelms and Dove; thence running along Nelms line Two Hundred (200) feet to the beginning iron pin corner. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and described as follows: BEGINNING at an iron pin on the West side of Prather Bridge Road at J. C. Anderson property; thence

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running in a Westerly direction North 87 West along J. C. Anderson's line One Hundred Seventy-five (175) feet to a stake; thence running in a Southerly direction South 10 West 80 feet to an iron pin; thence an Easterly direction one hundred seventy-five (175) feet to Prather Bridge Road; thence North 80 feet along Prather Bridge Road to the beginning corner and known as Lot 5. Said property being a portion of same property deeded from Alice Harris to William J. Robertson and Mrs. Nan B. Robertson November 8th, 1945 recorded in Deed book 38, page 161, Stephens County Records. All that tract or parcel of land situate, lying and being in the 440th District, G. M., Stephens County, Georgia, on the Southwest side of Georgia Highway 17 and more fully described as follows: BEGINNING at an iron pin corner on the Southwest side of Georgia Highway 17, said corner being in the center of an asphalt drive next to property of Mattox, and running thence along the right of way of Georgia Highway 17 South 46 degrees 55 minutes East 100 feet to an iron pin corner next to property of Gardner; thence along the line of Gardner South 37 degrees 14 minutes West 261.3 feet to an iron pin corner next to the Addington property; thence along the line of Addington North 45 degrees 35 minutes West 100 feet to an iron pin corner next to the Mattox property; thence along the line of Mattox North 37 degrees 11 minutes East 259 feet to the beginning iron pin corner containing 0.59 acre according to plat and survey by Clelland A. Tyson, Registered Surveyor dated July 30, 1975. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being Lot No. 143 in the Meadowbrook Sub-division according to plat made by James H. Garrett, Jr., R. S. dated August 25, 1963, recorded in Plat Book 4, page 140 Stephens County Records and described as follows: BEGINNING at an iron pin corner on the northeast side of Rothell Road next to a proposed road, and running thence along the northeast side of Rothell Road North 33 degrees 35 minutes West 100 feet to an iron pin corner next to Lot No. 142 in said subdivision; thence along the line of Lot No. 142 North 56

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degrees 19 minutes East 150 feet to an iron pin corner next to property of Martin Realty Company; thence along the line of Martin Realty Company South 33 degrees 35 minutes East 100.26 feet to an iron pin corner next to a proposed road; thence along the West side of said proposed road, South 56 degrees 25 minutes West 150 feet to the beginning iron pin corner, and being more particularly shown on plat and survey by Patton-Pless-Jarrard, dated August 6, 1964. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia on the West side of Addington Road next to Addington property, said iron pin being 1928.4 feet South of Georgia State Route #17 as measured along Addington Road; thence running along Addington property North 50 degrees 40 minutes West 225.0 feet to an iron pin corner next to Andrews property; thence running along property of William T. Andrews South 40 degrees 07 minutes West 184.3 feet to an iron pin corner on the North side of an unpaved road; thence running along the unpaved road South 53 degrees 34 minutes East 138.0 feet to an iron pin corner; thence with the unpaved road and Addington Road right of way North 85 degrees 27 minutes East 100 feet to a point; thence continuing with the Addington Road right of way North 48 degrees 41 minutes East 109.2 feet to the beginning iron pin corner and containing 0.83 acres, according to sketch of survey of part of tract no. 3 of the Jordan lands for Mrs. Clyde Andrews dated April 2, 1966, by James H. Garrett, Jr. Registered Surveyor to which survey reference is hereby made for a more full and complete description of the premises. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia and being more particularly described as follows: BEGINNING at an iron pin corner on the North side of an unpaved street in the W. M. Jordan lands according to a plat and survey thereof by M. B. Collier R. S., which is recorded in Surveyor's Record 1, page 144, said iron pin being 2309 feet from the intersection of Addington Road and Georgia State Route #17 thence running along property of Harold L. Andrew North 40 degrees 07 minutes East 184.3 feet to

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an iron pin corner next to Addington property; thence with Addington property North 50 degrees 40 minutes West 228.0 feet to an iron pin corner next to other property of Andrews; thence running along the Andrews line South 39 degrees 13 minutes West 195.9 feet to an iron pin corner on the North side of an unpaved road; thence running along the North right of way line of the unpaved road South 53 degrees 34 minutes East 225.3 feet to the beginning iron pin corner and containing 0.98 acres and being Lot No. 2 of the sketch of survey of Part of Tract No. 3 of the W. M. Jordan lands for Mrs. Clyde Andrews dated April 2, 1966 by James H. Garrett, Jr. Registered Surveyor, to which plat and survey reference is hereby made for a more full and complete description of the premises herein conveyed. All that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and in Toccoa Militia District, beginning at an iron pin corner on the East side of State Highway No. 17 leading from Toccoa to the Waterworks Lake; said point of beginning being the Southwest corner of lands belonging to George Scott; thence along the East side of said Highway No. 17 South 27 East 8.8 chains; thence South 35 East 3.00 chains; thence North 47 East 9.0 chains; thence North 60 East 2.50 chains; thence North 69 East 2.50 chains; thence North 60 East 6.0 chains; to an iron pin corner; thence North 85 West 10.3 chains; thence West 2.24 chains; thence North 78 West 6.04 chains; thence South 29 West 3.59 chains to the beginning iron pin corner, containing 11.87 acres, according to plat and survey by W. J. Green dated May 23rd, 1947. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and in the 440th District, G. M., of said County, described as follows: BEGINNING at an iron pin on the West side of Prather Bridge Road 80 feet South of the J. C. Anderson property; thence running in a Westerly direction 175 feet along other property of Robertson's to an iron pin; thence running in a Southerly direction 80 feet along property of Alice Harris to an iron pin; thence running in an Easterly direction 175 feet to an iron pin on said Prather Bridge Road; thence running a Northerly direction along said Prather Bridge

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Road 80 feet back to the iron pin point of beginning. Being a part of the property conveyed by Alice Harris to Wm. J. Robertson and Nan B. Robertson by Warranty Deed, November 8, 1945, which deed is recorded in Deed Book 38, page 161. Being also the same property conveyed by Wm. J. Robertson and Nan B. Robertson to Fred T. Payne and Lillian Payne by Warranty Deed which deed is recorded in Deed Book 42, page 363. And also the same property conveyed by Fred T. Payne and Lillian Payne to Hoke McClain and subsequently the same property conveyed by Hoke McClain to Frank L. Harber by Warranty Deed dated May 28th, 1955 which deed is recorded in Deed Book 62, page 8 in the Office of the Clerk of Superior Court, Stephens County, Georgia. Said premises has a six-room frame dwelling situated thereon. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia and being more particularly described as follows: BEGINNING at an iron pin at a corner common to property herein described, lands of Clyde Andrews and property of Dewey Collier; thence running along the Northern property line of Dewey Collier lands South 72 degrees 22 minutes West 217.7 feet to a concrete monument; thence along Mrs. Pittard lands North 16 degrees 11 minutes West 547 feet to a concrete monument; thence with Andrews lands south 53 degrees 45 minutes East 360 feet to an iron pin corner at a cedar tree; thence continuing with Andrews lands South 16 degrees 11 minutes East 255 feet to the beginning iron pin corner and containing Two (2) acres, all according to plat and survey of the Dr. M. D. Pittard tract by J. O. Ryles, County Surveyor, dated April 8, 1961, which plat is recorded in Plat Book 4, page 40, Stephens County Records. Being a portion of the property conveyed by Mrs. Clyde Andrews to Miriam G. Pittard by Warranty Deed dated May 8, 1961, recorded in Deed Book 76, page 594, Stephens County Records. Being the same property conveyed by Miriam G. Pittard

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to M. D. Pittard by Warranty Deed dated February 13, 1962, which deed is recorded in Deed Book 80, page 204, in the office of the Clerk of Superior Court, Stephens County, Georgia. All that tract or parcel of land lying and being in the County of Stephens and State of Georgia, and described as follows: BEGINNING on the South of Highway formerly leading from Toccoa to Westminister, S. C. just east of the City from Toccoa to Westminister, S. C. just east of the City Limits of Toccoa, Georgia, fronting on said Highway, One hundred two (102) feet, more or less, and being all of Lots Nos. One (1) and Two (2) of the Mrs. Beulah Kesler sub-division, said sub-division made by H. F. Lawson, C. E., in April, 1929, and the plat being recorded in Stephens County plat records in Plat Book 2, page 6, and to which reference is hereby made for a more definite description. Being a portion of the same premises conveyed by Mrs. Beulah Kesler to W. H. Scott by Warranty Deed dated May 9th, 1929, recorded in Deed Book 16, page 478, and conveyed by W. H. Scott to H. G. Kirk by warranty Deed dated August 3, 1930, recorded in Deed Book 16, page 591 and conveyed by Mrs. H. G. Kirk and G. F. Kirk, the heirs at law of H. G. Kirk, to Allie Craft, by Warranty Deed dated February 17, 1937, recorded in Deed Book 26, page 19, and conveyed by Allie Craft to B. F. Bruce by Warranty Deed dated May 26th, 1945, recorded in Deed Book 37, page 326, all of said deeds appear of record in the Office of the Clerk of Superior Court, Stephens County, Georgia. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia and being a portion of the C. T. Bell Sub-division and more particularly described as follows: BEGINNING at an iron pin corner, said corner being located at the East corner of the intersection of Narrow Street and an Unnamed Graded Street and running thence along the North side of said unnamed graded street South 61 degrees 48 minutes East 336.7 feet to an iron pin corner next to Turley property; thence along the Turley property North 32 degrees 06 minutes East 50 feet to an iron pin corner on the Harper line; thence along

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the Harper line North 36 degrees 44 minutes West 222.92 feet to an iron pin corner on the South side of Narrow Street: thence along the South side of Narrow Street South 72 degrees West 200 feet to the point of beginning, all according to plat and survey thereof, by John W. Burroughs, Jr. Registered Surveyor, dated April 18, 1951. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and in the 440th District, G. M., and more particularly described as all of Lots Nos. 96 and 97 and Thirty-five (35) feet off of the Northeasterly portion of Lot No. 98 all according to plat and survey made by Patrick S. Ewing, Registered Surveyor, July, 1946, of the C. T. Bell property, reference being made to said plat and made a part of this description. Lot No. 96 and 97 front 50 feet each on road leading from Highway No. 17 to the A. Y. Davis Homeplace. The Northeasterly portion of the Lot No. 98 fronts 35 feet on same road and runs back same width 236 feet, more or less, Lot No. 96 runs back 250 feet on the Southwesterly side and 260 feet on the Northwesterly side. All that tract or parcel of land lying and being in the Toccoa 440th District, G. M., Stephens County, Georgia, in what is known and designated as the C. T. Bell Sub-division, on the North side of Bellvue Road (Narrow Street) and more particularly described as follows: BEGINNING at an iron pin corner on the North side of Bellvue Road (Narrow Street), said iron pin corner being 381.82 feet East of the intersection of Bellvue Road (Narrow Street) and Terrell Drive, and running thence North 23 degrees 20 minutes West 278.6 feet to an iron pin corner next to the Harper Home Site Sub-division; thence along the Harper Home Sites Sub-division North 68 degrees 15 minutes East 125 feet to an iron pin corner; thence South 22 degrees 42 minutes East 304.8 feet to an iron pin corner on the North side of Bellvue Road (Narrow Street); thence along said road South 80 degrees 08 minutes West 125 feet to the beginning iron pin corner, and being the Westerly half of Lot No. Ninety-three and all of Lots Ninety-Four and Ninety-Five of the C. T. Bell Sub-division, according to plat and survey by James

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H. Garrett, Jr. Registered Surveyor, dated November 10, 1953, and as shown on plat of survey of said sub-division recorded in Plat Book 2, page 105, Stephens County Records. All that tract or parcel of land lying being in the 440th District, G. M., Stephens County, Georgia on the West side of Skyline Drive, and being more particularly described as follows: BEGINNING at an iron pin corner on the West side of Skyline Drive next to driveway, the property of Ben Jordan being across said drive, and running thence along the West side of Skyline Drive North 2 degrees 30 minutes West 76.82 feet to an iron pin corner next to the property of Mrs. Clyde Andrews; thence along the line of Mrs. Clyde Andrews North 81 degrees 40 minutes West 240.48 feet to an iron pin corner next to the property of I. W. Jordan; thence along the line of the Jordan property South 4 degrees 03 minutes East 163.94 feet to an iron pin corner next to a 20 foot unopened drive; thence along said drive North 68 degrees 42 minutes Est 83.94 feet, South 85 degrees 06 minutes East 109.91 feet, North 75 degrees 26 minutes East 94.51 feet to the beginning iron pin corner, all according to plat and survey by John F. Carey, Surveyor, dated May 28, 1964. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and described as follows: BEGINNING at a stake corner on the West side of Prather Bridge Road same being the corner between property conveyed herein and property of Jordan. Said point of beginning being 240 feet South of Anderson line; thence in an Easterly direction 175 feet to a stake corner; thence in a Southerly direction 80 feet to a stake corner; thence in a Westerly direction 175 feet to a stake corner; thence in a Northerly direction 80 feet to the beginning corner. Being a part of the land as shown by plat and survey made by M. B. Collier, County Surveyor, dated November 26, 1945. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, in the Harper Homesites Subdivision, and more particularly described as follows: BEGINNING at an iron pin corner on the Northwest side of Curtis Street next to Lot No. 2 in said subdivision, said iron pin corner being two hundred two and

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four hundredths (202.04) feet Northeast of the intersection of Curtis Street and State Highway 17, and running thence along the line of Lots 2 and 1 of said subdivision North 66 degrees 15 minutes West one hundred fifty (150) feet to an iron pin corner next to the Davis lands; thence along the line of the Davis lands North 23 degrees 45 minutes East eighty-five (85) feet to an iron pin corner; thence South 66 degrees 15 minutes West one hundred fifty (150) feet to an iron pin corner on the Northwest side of Curtis Street; thence along the Northwest side of Curtis Street South 23 degrees 45 minutes West eighty-five (85) feet to the beginning iron pin corner, and being all of Lot No. 20 and ten feet off of the Southerly side of Lot 21 of the Harper Homesites Subdivision, according to plat and survey by James H. Garrett, Jr., Registered Surveyor, dated September 29, 1962. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and being a portion of same being in the City of Toccoa, Georgia. BEGINNING at a concrete marker 40 feet from Georgia Power Company pole; thence running North 25 degrees 30 minutes West 312 feet to an iron pin on the North right of way of Persimon Street; thence running North 25 degrees 30 minutes W 322 feet to an iron pin at the corner of this property and that of Georgia Power Company, thence running along property line of Georgia Power Company South 73 degrees 00 minutes West 93 feet to a concrete marker; thence running along Scoville lands S 73 degrees 00 minutes West 200 feet to concrete marker; thence running along property line of Grafton lands South 27 degrees 00 minutes East 370 feet to the North right of way of Persimon Street; thence running along property line of Lucille Woods lands South 27 degrees 00 minutes East 248 feet to a large red oak 2.4 feet from concrete marker; thence running along Yearwood property line North 76 degrees 30 minutes East 280 feet to beginning corner, containing 4.25 acres, according to plat and survey made by Curtis F. Cannington, Georgia Reg. Surveyor #1433, dated December 3, 1971, which plat is hereby referred to for a more definite description of the property herein conveyed. Said property has situated thereon nine (9) frame dwelling houses.

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Said plat above referred to being recorded in Plat Book 5, page 270, Office Clerk Superior Court, Stephens County, Georgia. All that tract or parcel of land lying and being in the City of Toccoa, Stephens County, Georgia and in the Meadowbrook Sub-division, and more fully described as follows: BEGINNING at an iron pin corner on the East side of Hilltop Extension next to Lot 240 in said sub-division; said iron pin corner being 350 feet Northwest of the intersection of Hilltop Extension and Andrews Road, and running thence along the right of way of Hilltop Extension North 18 degrees 46 minutes West 100 feet to an iron pin corner next to Lot 238 in said sub-division; thence along the line of Lot 238 North 69 degrees 08 minutes East 150 feet to an iron pin corner next to Lot 95 in said sub-division; thence along the line of Lot 95 South 18 degrees 42 minutes East 98.9 feet to an iron pin corner next to Lot 240 in said sub-division; thence along the line of Lot 240 South 68 degrees 17 minutes West 150 feet to the beginning iron pin corner, and being Lot 239 of the Meadowbrook Sub-division, according to plat and survey by Patton, Pless, and Associates, Registered Surveyor, dated February 21, 1972. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being Lot No. 63 of the Harper Home Site Sub-division, more particularly described as follows: BEGINNING at an iron pin corner on the South side of Rountree Road, next to Lot No. 62 of the Harper Home Site Sub-division, One Hundred Sixty-Five (165) feet from the intersection with Maka Way, and running thence South 10 degrees 52 minutes East along the line of Lot No. 62 One Hundred Fifty (150) feet to an iron pin corner next to Lot No. 67; thence along the line of Lot No. 67 South 79 degrees 08 minutes West Seventy-Five (75) feet to an iron pin corner next to Lot No. 64 of said sub-division; thence along the line of Lot No. 64 North 10 degrees 52 minutes West One Hundred Fifty (150) feet to an iron pin corner on the South side of Rountree Road; thence along the South Side of Rountree Road North 79 degrees 08 minutes East Seventy-five (75) feet to the point

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of beginning, and being Lot No. Sixty-three (63) of the Harper Home Site Sub-division according to plat and survey by John F. Carey, Engineer, dated August 8, 1948, revised May 12, 1949, recorded in Plat Book 2, page 153, Stephens County Records, and also plat dated November 9, 1951. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and described as being one lot 75 feet front and running back 150 feet, more or less, and described as fronting on the North side of East Lake Street 75 feet and running back North 150 feet, more or less, and bounded on the North by property of W. H. Camp, on the East by lot of W. H. Camp; South by East Lake Street and on the West by property formerly belonging to Whitlock. Being the same property conveyed by Inez M. Clark to Frederick E. Purdy by Warranty Deed recorded in the Deed Records of Stephens County, Georgia. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia and more particularly described as follows: BEGINNING at an iron pin corner 150 feet Northeast from State Highway No. 17, next to Lot No. 5 on the Northwest side of Rountree Road and running thence North 41 degrees 12 minutes West 75 feet to an iron pin corner next to Lot No. 17; thence along the line of Lot No. 17, Northeast 150 feet to an iron pin corner on Terrell Drive; thence along Terrell Drive South 41 degrees 12 minutes East 75 feet to the intersection of Terrell Drive and Rountree Road; thence along Rountree Road 150 feet to the beginning iron pin corner and being Lot No. 16 of the Harper Home Site Sub-division according to plat and survey of John F. Carey, Surveyor, dated August 8, 1948, Revised May 12, 1949, and recorded in Plat Book 2, page 153, Stephens County Records. All that tract or parcel of land situate, lying and being in the C. T. Bell Sub-division described in plat of A. B. Turnbull, Registered Surveyor No. 1557 dated December 8, 1972, recorded in Plat Book 6, page 123, Stephens County, Georgia Records reference to which plat is made for further description of said premises which are described as follows: BEGINNING at an iron pin corner on the Northeast side of

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Terrell Drive next to the lands of Mary Peacock and running thence along the right of way of Terrell Drive North 61 degrees 48 minutes West 75 feet to an iron pin corner next to the lands of Mrs. Ethel W. Summers; thence along the Mrs. Ethel W. Summers line North 34 degrees 27 minutes East 78.4 feet to an iron pin corner next to the Harper lands; thence along the Harper lands South 40 degrees 11 minutes East 75 feet to an iron pin corner next to the Mary Peacock lot; thence along the Peacock line South 32 degrees 06 minutes West 50 feet to the beginning iron pin corner. Said lands are a portion of property conveyed by Grady Peck to Mrs. Ethel W. Summers by Warranty Deed dated March 27, 1953, recorded in Deeed Book 56, Pages 71-2, Stephens County Records and is bounded on the Northwest by the Summers lands, on the Northeast by the Harper lands, on the Southeast by Mary Peacock lands and on the Southwest by Terrell Drive. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia on the Southwest side of Terrell Drive and being known as Lot No. Seventeen (17) of the Harper Home Site Sub-division according to plat and survey thereof by John F. Carey, Engineer, dated August 8, 1948, revised May 12, 1949, said plat being recorded in Plat Book 2, page 153, Stephens County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Terrell Drive, said iron pin corner being Seventy-five (75) feet from the intersection of Terrell Drive and Rountree Road, and running thence along the Southwest side of Terrell Drive North 48 degrees 48 minutes West Seventy-five (75) feet to an iron pin corner; thence South 41 degrees 12 minutes West One Hundred Fifty (150) feet to an iron pin corner; thence South 48 degrees 48 minutes East Seventy-five (75) feet to an iron pin corner; thence North 41 degrees 12 minutes East One Hundred fifty (150) feet to the beginning iron pin corner, all according to plat and survey thereof by John W. Burroughs, Jr. Registered Surveyor dated December 21, 1950. All that tract or parcel of land lying and being in the

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440th District, G. M., Stephens County, Georgia, and more particularly described as follows: BEGINNING at the point of tangent at the intersection of Curtis Street on Terrell Drive, and running thence along the South side of Terrell Drive, South 41 degrees 12 minutes East 115.71 feet to an iron pin corner; thence South 48 degrees 48 minutes West 150 feet to an iron pin corner; thence North 41 degrees 12 minutes West 91.8 feet to an iron pin corner on the East side of Curtis Street; thence along the East side of Curtis Street North 22 degrees East 130.61 feet to the point of curvature at the intersection of Curtis Street and Terrell Drive; thence following the intersection of Curtis Street and Terrell Drive on a radius of 20 feet 26.25 feet to the point of tangent, the point of beginning, on Terrell Drive, and being known as Lots Eighteen (18) and Nineteen (19) of the Harper Home Site Sub-division according to plat and survey of John W. Burroughs, Jr., dated August, 1951. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, in the Harper Home Site Sub-division and being more particularly described as follows: BEGINNING at an iron pin corner on the Northwest side of Curtis Street, next to the DeFoor property said iron pin corner being 287.04 feet Northeast of the intersection of Curtis Street and State Highway No. 17, and running thence along the DeFoor line North 68 degrees West 150 feet to an iron pin corner on the Davis line; thence along the line of Davis property North 22 degrees East 85 feet to an iron pin corner on the Harper line; thence along the line of the Harper property South 68 degrees East 150 feet to an iron pin corner on the Northeast side of Curtis Street; thence along the line of Curtis Street South 22 degrees West 85 feet to the beginning iron pin corner, and being the Northern Sixty-five (65) feet of Lot No. Twenty-one (21) and the Southern Twenty (20) feet of Lot No. Twenty-Two (22) of the Harper Home Site Sub-division, according to plat of Oliver Humphries, Registered Surveyor, dated July 24, 1952. All that tract or parcel of land lying and being in the Toccoa, 440th District, G. M., Stephens County, Georgia in

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the C. H. Addington Estate Sub-division, according to Plat and Survey by James H. Garrett, Jr., Registered Surveyor, dated August 18, 1952, and more fully described as follows: BEGINNING at an iron pin corner on the West side of Nancy Street next to Lot No. 18 of said Sub-division, said iron pin corner being 200 feet South of the intersection of Nancy Street and Skyline Drive, and running thence along the West side of Nancy Street South 19 degrees 53 minutes East 200 feet to an iron pin corner next to Lot No. 22 in said Sub-division; thence along the line of Lot No. 22 South 70 degrees 07 minutes West 181 feet to an iron pin corner next to the Hicks property; thence along the Hicks line North 22 degrees 36 minutes West 200.2 feet to an iron pin corner next to Lot No. 19 of the Addington Sub-division; thence along the line of Lots 19 and 18 of said Addington Sub-division 190.6 feet to the beginning iron pin corner, and being all of Lots Twenty (20) and Twenty-one (21) of the C. H. Addington Estate Sub-division, according to the above mentioned Plat and Survey by James H. Garrett, Jr. Said tract being bounded on the North by Lots 18 and 19, on the East by Nancy Street, on the South by Lot No. 22, and on the West by the Hicks property. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia near the City Limits of Toccoa, located on the South side of Tugalo Road and more fully described as follows: BEGINNING at an iron pin corner on the South side of Tugalo Road next to Lot 6 of the Kesler Subdivision, said iron pin corner being 102 feet more or less East of the intersection of Tugalo Road and Woodlawn Drive; thence along the right of way of Tugalo Road in an Eastern Direction 51 feet to a corner next to Lot 4 of the Kesler Sub-division; thence along the line of Lot 4 in a Southeastern direction 110 feet to a corner; thence in a Western direction 51 feet to a corner next to Lot 6 of the Kesler Sub-division; thence along the line of Lot 6 of the Kesler Sub-division in a Northwestern direction 110 feet to the beginning corner and being the North half of Lot 5 of the Kesler Subdivision, plat of said sub-division being recorded in Plat Book 2, page 6, Stephens County Records.

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All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and on the East side of Prather Bridge Road and described as beginning on said road at corner of this property and other property of Clarence Jarrett's which is this day being conveyed to Van C. Nelms and running thence along Prather Bridge Road seventy (70) feet to property of Gus Smith; thence East along property of Gus Smith a distance of two hundred (200) feet to other property of Gus Smith; thence South along other property of Gus L. Smith Seventy (70) feet to other property of Clarence Jarrett, which is being conveyed this day to the said Van C. Nelms; thence along Jarrett's line and property that is being this day conveyed to the said Van C. Nelms two hundred (200) feet to the beginning corner on Prather Bridge Road and being a lot 70[UNK]200 feet. ALSO: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and in the 440th District, G. M., and on the Prather Bridge Road and described as being a lot twenty-five (25) feet front on Prather Bridge Road and running back two hundred (200) feet, more or less, and adjoining other property of Clarence Jarrett on the North, East by Gus L. Smith, South by property of Ernest L. Brady and on the West by Prather Bridge Road and being a portion of the property conveyed by the Estate of N. L. Garland to Mrs. Annie Clodfelter and Mrs. Annie Clodfelter to Gus L. Smith. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and known and distinguished as Lot No. 1, said Lot No. 2, on plat of Stephens County, made by M. B. Collier, County Surveyor, recorded on Page 134, Surveyor's Record No. 1, and also recorded in Plat Record No. 2, page 51, in the Office of the Clerk of the Superior Court of said County; Lot No. 1, containing 3.08 acres and Lot No. 2 containing 2.57 acres, each fronting 100 feet on the Prather Bridge Road, the area to be annexed being only a tract fronting on Prather Bridge Road 200 feet and running back an even width 200 feet. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and in the 440th District,

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G. M., in what is known and designated as Oakwood Acres Sub-division and more particularly described as follows: BEGINNING at an iron pin corner at the intersection of Cherry Street and Dogwood Road (undeveloped); thence running along the South side of Dogwood Road (undeveloped) North 72 degrees 46 minutes East One Hundred Fifty-three and forty one-hundredths (153.40) feet to an iron pin corner on the West line of Lot No. 18; thence running along the West line of Lot No. 18 South 19 degrees 00 minutes East Seventy-five (75) feet to an iron pin corner on the North line of Lot B; thence running along the North line of Lot B South 72 degrees 46 minutes West One Hundred Fifty-three and twenty-one one hundredths (153.21) feet to an iron pin corner on the East side of Cherry Street; thence running along the East side of Cherry Street North 19 degrees 09 minutes West Seventy-five (75) feet back to the iron pin point of beginning, and being all of Lot A of the Oakwood Acres Sub-division all according to sketch of survey by James H. Garrett, Jr., R. S. August 19, 1961, reference being made to said sketch and made a part of this description. Skyline Drive, from its intersection with the North right of way of Big A Road, said North Big A Road being in the City Limits of the City of Toccoa and running thence in a Southwesterly direction along and encompassing the right of way of Skyline Drive to its intersection with Rothell Road; Rothell Road, from its intersection with Skyline Drive and running thence in a Southeasterly direction along and encompassing the right of way of Rothell Road to its intersection with Roselane; Roselane, from its intersection with Rothell Road and running thence in a Northerly direction along and encompassing the right of way of Roselane to its intersection with Georgia Highway No. 17; and Georgia Highway No. 17, northwest along and encompassing the right of way of Georgia Highway No. 17 to its intersection with the present City Limits. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and on the South side of

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State Highway #13, leading from Toccoa, to Westminister, South Carolina, about one-half mile from the Eastern City Limits of the City of Toccoa, Georgia, said lot beginning at an iron pin corner on the said South side of said State Highway #13, thence South 22 degrees East two hundred and nineteen (219) feet to an iron pin; thence North 52 degrees East 167 feet to an iron bar; thence North 22 degrees West 246 feet to an iron pin corner on the South side of said Highway #13; thence along the said Highway #13, South 52 degrees West 169 feet to the beginning iron pin corner, being known and designated as Lot Number Three (3) of the Mrs. Claude Byrd property, according to a plat and survey of same dated in 1941, and made by M. B. Collier, County Surveyor, of Stephens County, Georgia, and which is recorded in Surveyor's Record #1, in the office of the Clerk of the Superior Court of Stephens County, page 139, of said surveyor's record and reference is hereby made to said plat and survey for a part of this description. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and more fully described as follows: Beginning at an iron pin on the North side of the road leading from State Highway No. 17 to the Rock Quarry, said iron pin being 607 feet from the center of State Highway No. 17; thence along said roadway N. 27[UNK] E. 147 feet to an iron pin; thence N. 53 W. 143 feet to an iron pin, being a total of 290 feet fronting on said road. Thence 182 feet N. to an iron pin on T. M. Wilkerson's Land; thence along said Terrell Wilkerson's line 25 feet West to an iron pin; thence N. 53 W. 254 feet to an iron pin corner; thence 57[UNK] E. 328 feet to the beginning corner. This being all the land bought from Terrell Wilkerson, Jan. 8, 1946, except that parcel and tract as deeded to Vassie S. Jones, July 13, 1946, same being on record in the Clerk Superior Court, Stephens County, Georgia, Recorded Book 42, page 150. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the North right of way of an unpaved road, said iron pin being common to the Southwest corner of Lot No. 2 of the Mrs. Clyde Andrews Sub-division; thence running

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along the line of Lot No. 2 North 39 degrees 13 minutes East 195.9 feet to an iron pin corner next to Addington property; thence running along Addington line North 50 degrees 40 minutes West 322.6 feet to an iron pin corner; thence running along line of Lot No. 4 of said subdivision South 39 degrees 18 minutes West 195.5 feet to an iron pin corner on the North right of way line of said unpaved road; thence running along the North line of right of way of the unpaved road South 50 degrees 35 minutes East 322.9 feet to the beginning iron pin corner and containing 1.45 acres, all according to sketch of survey of Tract No. 3 of the W. M. Jordan lands by James H. Garrett, Jr., R. S. dated April 2, 1966 for Mrs. Clyde Andrews, to which plat and survey reference is hereby made for a more full and complete description of said premises, the above tract of land being Lot No. 3 of the Mrs. Clyde Andrews Sub-division. Being the same premises conveyed by Mrs. Clyde Andrews to William T. Andrews by Warranty Deed dated September 2, 1967, recorded in Deed Book 103, Page 355, Stephens County Records. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and in the 440th District, G. M., and more particularly described as follows: BEGINNING at a concrete monument on the East side of right of way of Rose Lane; thence running along the East side of Rose Lane North 10 degrees 00 minutes East One Hundred Thirty (130) feet to an iron pin corner on other property of W. J. Rothell; thence along other property of W. J. Rothell North 86 degrees 40 minutes East Two Hundred (200) feet to an iron pin corner on other property of W. J. Rothell; thence running along other property of W. J. Rothell South 13 degrees 46 minutes West One Hundred Ten (110) feet to an iron pin corner at James Williams property line; thence running along James Williams property line South 80 degrees 38 minutes West Two Hundred (200) feet to the beginning concrete monument corner on the East side of Rose Lane all according to Plat and Survey by James H. Garrett, Jr., R. S., Revised and Resurveyed March 19, 1962, reference being made to said plat and survey and made a part of this description.

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ALSO: All that tract or parcel of land lying and being in said State and County and in Toccoa Militia District and described as follows: Commencing at a concrete marker on the right of way of Roselane Road; thence North 80 degrees 38 minutes East 200 feet to an iron pin corner; thence South 11 degrees 52 minutes West 100 feet to an iron pin corner; thence South 64 degrees 59 minutes West 200 feet to concrete marker on right of way of Roselane Road; thence North 01 degrees 40 minutes East 150 feet to the beginning concrete marker, same being known as Lot No. 1 of the W. J. Rothell Roselane Sub-division according to plat and survey dated January 29, 1955 by James H. Garrett, Jr. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin corner at the Northeast intersection of Skyline Drive and Daisy Street, which street is not presently open; thence running along the East right of way line of Skyline Drive North 4 degrees 12 minutes West 181 feet to an iron pin corner; thence with other lands of Mrs. Clyde Andrews North 73 degrees 54 minutes East 131.3 feet to an iron pin corner; thence with other property of Mrs. Clyde Andrews South 15 degrees 38 minutes East 165 feet to an iron pin on the North right of way line of Daisy Street; thence with the North right of way line of Daisy Street South 69 degrees 48 minutes West 167 feet to the iron pin point of beginning and containing 0.59 acres, all according to plat and survey of the Reverend W. A. Trotman lot by J. Ryles, County Surveyor dated August 27, 1961, to which plat and survey reference is hereby made for a more complete description of the property hereby conveyed. All that tract or parcel of land lying and being in Stephens County, Georgia, and being located on the South side of Highway No. 13, a few hundred yards East of the intersection of State Highways Nos. 13 and 17, and being Lot No. 1 in the Watson sub-division. Said lot fronting on the South side of said State Highway No. 13, Seventy-five feet, and running back same width 190 feet, and bounded on the North by State Highway No. 13, on the East by S. M. Watson, on

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the South by Sellers property, and on the West by Sellers property. TRACT NO. ONE: All that tract or parcel of land situate lying and being in the 440th District, G. M., Stephens County, Georgia, located on the South side of State Route 106 (Tugalo Road) and being more particularly described as follows: BEGINNING at an iron pin corner on the South side of State Route 106 next to the property of Miss Grace Crawford, said iron pin corner being located 150 feet North-west of the intersection of State Route 106 and a County Road, and running thence along the line of the Crawford property South 26 degrees 30 minutes East 210 feet to an iron pin corner next to property of Vaughn; thence along the Vaughn line North 86 degrees 58 minutes West 119.6 feet to an iron pin corner next to property of Copeland; thence along the line of Copeland North 22 degrees 14 minutes West 202 feet to an iron pin corner on the South side of State Route 106; thence along the Southern boundary of State Route 106 South 86 degrees 59 minutes East 102 feet to the beginning iron pin corner, all according to plat and survey by Charles E. Whitworth, checked by J. M. Thomason, RPE, 3465, dated October 29, 1966. TRACT NO. TWO: All that tract or parcel of land lying and being in Stephens County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the Northeast corner of Lot No. 1 and the Northwest Corner of Lot No. 5 of the Sam Northcutt Sub-division according to plat and survey by M. B. Collier, County Surveyor, said iron pin being located 150 feet measured along the North side of Lot No. 1 of said sub-division from the East side of Woodlawn Drive; thence in an Easterly direction 200 feet along the Northern boundary of Lots 5, 6, 7 and 8 of said sub-division to a point at the Northeast corner of Lot No. 8 of said Sub-division and lands of Howard; thence running in a Southerly direction along the East side of Lot No. 8 of said sub-division 50 feet, more or less, to a point, said point being 200 feet North of an iron pin located at the Southeastern corner of Lot No. 8 of said Sub-division as measured along the Eastern boundary of Lot No. 8, said iron

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pin being located on the North side of Woodlawn Drive; thence running in a Western direction across Lots 8, 7, 6 and 5 to a point, said point being located on the West side of Lot No. 5 of said Sub-division and on the Eastern boundary of Lot No. 2 of said Sub-division and being located 200 feet North of an iron pin located on the North side of Woodlawn Drive and at the Southwest corner of Lot No. 5 of said Sub-division, said 200 feet being measured along the Western boundary of Lot No. 5 of said Sub-division; thence running in a Northern direction along the Western boundary of Lot No. 5 of said Sub-division 89 feet, more or less, to the point of beginning. Being a portion of the same property conveyed by James W. Vaughn to Bill B. Hitt by Warranty Deed dated November 18, 1966, recorded in Deed Book 93, page 311, Stephens County Georgia Records. TRACT NO. THREE: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and near the City Limits of the City of Toccoa, and located on the South side of Tugalo Road (formerly the old Toccoa and Greenville, S. C. Highway) and being known and designated as Lot No. Five (5) of the Mrs. Beulah Kesler Sub-division, according to a plat and survey of said subdivision made by H. F. Lawson, C. E., and recorded in the office of the CSC, Stephens County Georgia in Plat Book 2, Page 6, reference to which plat and survey is hereby made for a part of this description and said lot being described as follows: BEGINNING at an iron pin corner located one hundred and two (102) feet East of the Southeast corner of the intersection of a street leading from said Tugalo Road to the Old Kesler homeplace (now owned by Northcutt) with the said Tugalo Road; thence along the boundary line between Lot No. 6 and said Lot No. 5 to an iron pin corner located on the Southern boundary of said lot; thence along the Southern boundary of said lot in an Eastern direction to an iron pin corner on the boundary line between Lots 4 and 5; thence in a northern direction along the boundary line between Lots 4 and 5 to an iron pin on the said Tugalo Road; thence in a Western direction along the Northern boundary of said Lot No. 5 to the beginning iron pin corner, being Lot No. Five (5) according to said plat and survey;

Page 4255

being bounded on the North by said Tugalo Road; on the East by said Lot No. 4; on the South by Northcutt; and on the West by said Lot No. 6. THERE IS EXCEPTED FROM THE ABOVE TRACT a tract conveyed by Bill B. Hitt, Sr. to J. Marion Dooley, Jr., more particularly described as follows: All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia near the City Limits of Toccoa, located on the South side of Tugalo Road and more fully described as follows: BEGINNING at an iron pin corner on the South side of Tugalo Road next to Lot 6 of the Kesler Sub-division, said iron pin corner being 102 feet more or less East of the intersection of Tugalo Road and Woodlawn Drive; thence along the right of way of Tugalo Road in an Eastern direction 51 feet to a corner next to Lot 4 of the Kesler Sub-division; thence along the line of Lot 4 in a Southeastern direction 110 feet to a corner; thence in a Western direction 51 feet to a corner next to Lot 6 of the Kesler Sub-division; thence along the line of Lot 6 of the Kesler Sub-division in a Northwestern direction 110 feet to the beginning corner and being the Northern half of Lot 5 of the Kesler Sub-division, plat of said sub-division being recorded in Plat Book 2, page 6, Stephens County Records. All that tract or parcel of land lying and being in Stephens County, Georgia, 440th District, G.M. beginning at stake South of Road at the line of Glen Thomas Farmer and Doris Gertrude Farmer; thence running along said road Southwest 104 feet to an iron pin; thence Southeast 22 degrees 210 feet along Clyde Andrews line to an iron pin; thence Northeast 60 degrees 104 feet to the line of Glen Thomas Farmer and Doris Gertrude Farmer; thence with said Farmer line Northwest 22 degrees 210 feet to the beginning corner on said road, and formerly being a part of the estate of the late W. M. Jordan. All that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and in Toccoa 440th District, G. M., and being all of lot sixty-seven (67) and a portion of lots sixty-eight (68) sixty-nine (69) and seventy (70) of the C. T. Bell Sub-division property according to

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plat and survey made by Patrick S. Ewing, Surveyor, in July 1946, which plat is recorded in the office of the Clerk of Superior Court of Stephens County, Georgia, Plat Record 2, Page 105 and more particularly described as follows: BEGINNING at an iron pin corner on the South side of Bellvue Road at line of lots sixty-seven (67) and sixty-six (66); thence running South 81 degrees 33 minutes East 126.1 feet to an iron pin at the corner of lots sixty seven (67) and sixty one (61); thence 35 degrees and 52 minutes West 285.7 feet to an iron pin corner on line of Lot seventy (70); thence North 32 degrees and 09 minutes West 227.5 feet to an iron pin corner on the South side of Bellvue Road; thence along the South side of Bellvue Road North 76 degrees and 30 minutes East 152 feet to the beginning iron pin corner, all according to plat and survey by James H. Garrett, Jr., R. S., dated March 14, 1953, which plat and survey reference is hereby made and made a part of this description. Being the same property conveyed Dudley A. Huber to Dorothy H. Huber by Warrantly Deed recorded in the Deed Records of Stephens County, Georgia in Deed Book 69, page 503. Also: All that tract or parcel of land lying and being in the Stephens County, Georgia and being a part of Lot Nos. 66 and 63 of the C. T. Bell Sub-division described as follows: BEGINNING at an iron pin corner on the South side of Bellvue Drive (paved) at the East intersection of an improved Drive on the East side of said Drive; thence along the line between Lot No. 66 and Lots Nos. 67 and 68 South 81 degrees 33 minutes East 126.1 feet to an iron pin, the same being the corner between Lots No. 66, 67, 61, and 62; thence North 40 degrees 40 minutes West 80 feet to an iron pin corner; thence South 59 degrees 54 minutes West 84 feet to the beginning corner. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia in the Meadowbrook Sub-division, located on the North side of Rothell Road, and being more particularly described as follows:

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BEGINNING at an iron pin corner on the North side of Rothell Road next to Lot No. 148 of said sub-division, said iron pin corner being 140 feet Southeast of the intersection of Rothell Road and a proposed road; thence running along the line of Lot No. 148 North 26 degrees 07 minutes East 169 feet to an iron pin corner next to property of Martin Realty Company; thence along the line of Martin Realty Company property South 63 degrees 23 minutes East 95 feet to an iron pin corner next to Lot No. 150 in said sub-division; thence along the line of Lot No. 150 South 10 degrees 10 minutes West 161.25 feet to an iron pin corner on the North side of Rothell Road; thence along the North side of Rothell Road North 73 degrees 02 minutes West 70 feet, North 65 degrees 42 minutes West 70 feet to the beginning iron pin corner and being Lot No. One Hundred Forty-Nine (149) of the Meadowbrook Subdivision, according to plat and survey by Patton-Pless-Jarrard, dated February 16, 1965. All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia and being more particularly described as follows: BEGINNING at a point on the Southwestern side of Addington Drive, said point being common to the lands of Pittard, and Smith; thence along the line of Pittard in a Southwesterly direction 125 feet; thence in a Northwesterly direction 200 feet; thence in a Northeasterly direction 125 feet; thence along the right of way of Addington Drive 200 feet to the beginning point, said property being rectangle in shape and being bounded by Addington Drive, the lands of Pittard and the lands of Smith. All that tract or parcel of land lying and being in Stephens County, State of Georgia and described as follows: Beginning at the Northeast corner of Burgess land and running in a Southerly direction 150 feet along Burgess line to an oak; thence 120 feet in an Easterly direction to an iron pin; thence in a Northerly direction 190 feet to an iron pin on the road; thence in a Westerly direction along said road 120 feet to the beginning corner. This being a part of the land deeded from Dennis C. Ring

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to Carrie Hurst Nov. 3, 1943 and recorded Nov. 12, 1943 in Book 36, page 101. All that tract or parcel of land situate, lying and being in the 440th District, G. M., Stephens County, Georgia, in the Harper Homesites Sub-division, and more particularly described as follows: BEGINNING at an iron pin corner on the South side of Rountree Road next to Lot No. 60 in said sub-division, said iron pin corner being South 67 degrees 11 minutes East fifty four and nine hundredths (54.09) feet from an iron pin corner at the Northeast corner of the intersection of Rountree Road and Make Way, and running thence along the South side of Rountree Road North 79 degrees 08 minutes East one hundred forty six and fifty five (146.55) feet to an iron pin corner next to property of Sands; thence along the Sands property South 20 degrees 21 minutes East one hundred thirty six and forty hundredths (136.40) feet to an iron pin corner next to the Bell Sub-division; thence along the line of the Bell Sub-division South 68 degrees 15 minutes West one hundred seventy two and nine hundredths (172.09) feet to an iron pin corner next to Lot No. 60 of the Harper Homesites Sub-division; thence along the line of Lot No. 60 North 10 degrees 52 minutes West one hundred sixty six and ninety five hundredths (166.95) feet to the beginning iron pin corner, and being Lots Fifty Nine (59) and Fifty Eight (58) of the Harper Homesites Subdivision, all according to plat and survey by James H. Garrett, Jr., Registered Surveyor, dated November 10, 1962. All that tract or parcel of land lying and being near Toccoa, Georgia, in Stephens County, and on the East side of Terrell Drive and fronting 80 feet on said Terrell Drive and being 210 feet in depth on the South side and 243 feet in depth on the North side and 70 feet wide at the rear and bounded on the North by property of Wayne Payne, Jr., on the East by James R. Rountree, on the South by property of Burgess and on the West by Terrell Drive. On said lot is located a five room frame house, now occupied by the parties hereto. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia on the

Page 4259

North side of the County Road leading from Rose Lane to the Liberty Hill Road and being more particularly described as follows: BEGINNING at an iron pin corner on the North side of said County Road, said iron pin corner being 30 feet Northeast from the W. T. DeFoor, Jr. line and running thence North 20 degrees West 295 feet to an iron pin corner; thence North 72 degrees 27 minutes East 148 feet to an iron pin corner; thence South 20 degrees East 295 feet to an iron pin corner; thence South 72 degrees 27 minutes West 148 feet to the point of beginning, and containing One (1) Acre, more or less. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin corner on the South side of Rountree Road next to Lot No. 64 of the Harper Home Site Sub-division and running thence South 10 degrees 52 minutes East 150 feet along the line of Lot No. 64 to Lot No. 67; thence along the line of Lot No. 67 South 79 degrees 08 minutes West 75 feet to Lot No. 66; thence along the line of Lot No. 66 North 10 degrees 52 minutes West 150 feet to an iron pin corner on the South side of Rountree Road; thence along the South side of Rountree Road North 79 degrees 08 minutes East 75 feet to the point of beginning and being Lot No. Sixty-Five (65) of the Harper Home Site Sub-division according to plat and survey thereof by John F. Carey, Engineer, dated August 8, 1948, revised May 12, 1949, said revised plat being recorded in Plat Book 2, page 153, Stephens County Records. Notice. Notice is hereby given of an intent to introduce local legislation at the 1976 term of the General Assembly of the State of Georgia for the following purpose: To amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, particularly by an Act approved August 24, 1931 (Ga. L. 1931, p. 994), as amended, and by an Act approved April 17,

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1975 (Ga. L. 1975, p. 4142), so as to clarify provision relative to the date of an election; to repeal conflicting laws; and for other purposes. This 12th day of January, 1976. /s/ Troy Bowen Mayor City of Toccoa Toccoa, Georgia Georgia, Stephens County. Personally before me the undersigned officer authorized by law to administer oaths appeared Charles A. Hamilton, who being duly sworn, deposes and says that he is the editor and publisher of the Toccoa Record, a newspaper published in said County, the official organ of Stephens County, Georgia, and the newspaper in which Sheriff's advertisements for said County are published and that the above and foregoing notice of intention to apply for local legislation was published in the Toccoa Record on the following dates: January 15th, January 22nd and January 29th, 1976. /s/ Charles A. Hamilton Sworn to and subscribed before me, this 23rd day of February, 1976. /s/ John A. Dickerson Notary Public, Stephens County, Georgia. My Commission Expires June 28, 1978. (Seal). Approved April 7, 1976.

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FURNISHING OF BOOKS TO ELBERT COUNTY LAW LIBRARY AUTHORIZED. No. 142 (House Resolution No. 600-1640). A Resolution. Authorizing the State Librarian to furnish the Elbert County Law Library with certain books; and for other purposes. Whereas, the Elbert County Law Library is missing quite a few volumes of the Supreme Court Reports and the Court of Appeals Reports and quite a few other volumes are damaged beyond repair; and Whereas, such volumes are necessary for the administration of the courts' business within Elbert County. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish the Elbert County Law Library with new copies of the missing and damage Supreme Court Reports and Court of Appeals Reports. Be it further resolved that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to the State Librarian and to the Clerk, Superior Court of Elbert County. Approved April 7, 1976. COMPENSATION TO BROOKS COUNTY AUTHORIZED. No. 143 (House Resolution No. 609-1652). A Resolution. Compensating Brooks County; and for other purposes. Whereas, on or about May 9, 1975, Jack Howard Potts, a fugitive from justice and wanted for charges of kidnapping,

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aggravated assault and murder by Cobb County authorities, was apprehended by law enforcement officers in Brooks County; and Whereas, during the course of his apprehension, Jack Howard Potts was severely wounded in a shoot-out with law enforcement officers; and Whereas, due to such injuries, said prisoner required hospital and medical treatment from the facilities of the Archbold Memorial Hospital, Thomasville, Georgia; and Whereas, during said prisoner's confinement at said hospital, appropriate security was required to be provided by Brooks County; and Whereas, as a result of said occurrence, Brooks County has incurred extraordinary expenses in connection with the apprehension of said fugitive amounting to $4,567.63. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay the sum of $4,567.63 to Brooks County 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 7, 1976. CITY OF TALLAPOOSANEW CHARTER. No. 1441 (House Bill No. 2093). An Act to reincorporate the City of Tallapoosa in the County of Haralson; to create a new Charter for said City; to prescribe the Corporate Limits of said City; to provide for the Government of said City; to enumerate the corporate powers of the City; to provide for the preservation

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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; to provide for a City Manager; to provide for the organization and administration of said City; to provide for municipal services and regulatory functions; to provide for the establishment of a Municipal Court; to provide for the jurisdiction of the Municipal Court; to provide for appeals, the payment of court costs, and rules for the Municipal Court; to provide for severability; to repeal specific laws; to repeal conflicting laws; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: CHARTER OF THE CITY OF TALLAPOOSA , GEORGIA CHAPTER I. INCORPORATION AND POWERS . Article I. Incorporation . Section 1.10. Incorporation . The City of Tallapoosa, Georgia, in the County of Haralson, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Tallapoosa, Georgia. Under the name said City shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will;

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and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. Section 1.11. City Boundaries . The Corporate Limits of the City of Tallapoosa shall include all that territory lying within Land Lot Numbers 176, 177, 178, 150, 151, 152, 153, 154, 127, 128, 129, 130, 131, 102, 103, 104, and 105, in the Eighth District and Fifth Section of Haralson County, Georgia, EXCEPT that parcel or tract of land in Land Lot Number 103 which is described as follows: BEGINNING at the original Southeast corner of Land Lot No. 103 and running thence North along the original East line of Land Lot No. 103 and continuing thence to the point where the original East line of Land Lot No. 103 is intersected by the South right-of-way line of the old Waco road, as the same formerly existed before its replacement by U.S. Highway 78; thence in a Westerly direction along and with the South line of said old Waco road a distance of 2700 feet, more or less, to the point where the South line of said old Waco road is intersected by the East right-of-way line of Finkel Street, as the same formerly existed; thence in a Southwesterly direction along and with the East line of said Finkel Street a distance of 900 feet, more or less, to the point where the East side of said Finkel Street is intersected by the North right-of-way line of the Southern Railway Company; thence in a Southeasterly direction along and with the North right-of-way line of the Southern Railway Company a distance of 1800 feet, more or less, to the point where the North right-of-way line of the Southern Railway Company is intersected by the original South line of Land Lot No. 103; thence East along the original South line of Land Lot No. 103 to the Southeast corner of said Land Lot No. 103, the same being the beginning point. The Corporate Limits of the City of Tallapoosa shall further include all that tract or parcel of land in Land Lot Number 201, in the Eighth District and Fifth Section of Haralson County, Georgia, recorded in Plat Book 2, p. 146, in the Office of the Clerk of the Superior Court of Haralson

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County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the original East line of Land Lot No. 201 where said East line of Land Lot No. 201 is intersected by the South right-of-way line of Shadey Lane Drive; going thence from said point of beginning North 88 degrees 30 minutes West a distance of 531 feet, 5 inches to a marker; thence due North a distance of 660 feet to a marker; thence South 86 degrees 30 minutes East a distance of 267 feet to a marker; thence North 40 degrees 30 minutes East a distance of 425 feet, more or less, to a point on the original East line of Land Lot No. 201; thence South along and with the original East line of Land Lot No. 201 to the point where the original East line of Land Lot No. 201 is intersected by the South right-of-way line of Shadey Lane Drive, the same being the beginning point. Article II. Powers of the City . Section 1.20. Corporate Powers . The Government of the City of Tallapoosa is hereby vested with all powers which municipal corporations are now, or may hereafter be, authorized or required to exercise under the Constitution and Laws of the State of Georgia. In addition thereto the Government of the City of Tallapoosa, Georgia, shall exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, prosperity and general welfare of the Government of the City and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if such powers were fully enumerated herein. Section 1.21. Additional Corporate Powers . The Government of the City of Tallapoosa shall also have all additional corporate powers which are enumerated in all other parts of this Charter, and further in addition to the corporate powers enumerated in Section 1.20 of this Charter, and those corporate powers contained in other parts of this Charter, but without limiting the same in any manner, the Government

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of the City of Tallapoosa shall also have the following corporate powers, to wit: (a) Property. To acquire, dispose of and hold in trust or otherwise, any real, personal or mixed property, inside or outside the City. (b) Condemnation. To condemn property, inside or outside the City, for present or future use, and for any corporate purpose deemed necessary by the City Government, under Section 36-202 of the Code of Georgia, 1933, and amendments thereto, or under any other applicable general law of the State of Georgia. (c) Motor vehicle registration fees. To levy and to provide for the collection of registration fees on automobiles, trucks, and all other motor vehicles of all types whatsoever owned by residents of the City and also on automobiles, trucks, and all other motor vehicles of all types whatsoever owned by residents of the City, and also on automobiles, trucks, and all other motor vehicles owned by non-residents and operated within the City with regularity. Such registration fees on automobiles, trucks, and other motor vehicles may be graduated according to their tonnage capacities, weight or horsepower. (d) Public utilities. To regulate the rates and services of public utilities insofar as not in conflict with regulations of the Georgia Public Service Commission or other similar State or Federal Agency having jurisdiction in such matters. (e) Building Codes. 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. (f) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards.

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(g) Maintenance of real property. To prescribe standards for the maintenance and upkeep of private real property located within the City and to include in such standards the requirements of cutting weeds and grass and of removing garbage and rubbish. (h) City prisoners, commitment. To provide that persons given jail sentences in the Municipal Court shall work out such sentences in any public works of the City or City Jail as provided by ordinance, and to provide for the commitment of City prisoners to any County Work Camp, or Jail, by agreement with the appropriate County officers. (i) Regulate animals and fowl. To regulate and license or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift or humane killing, when not redeemed as provided by ordinance. The City Government may enter into such contract or agreement with the County, other municipalities, or any agencies or departments thereof which may be necessary or desirable to carry out such powers. (j) Regulate vehicles for hire. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces and public ways for the use of such vehicles insofar as not in conflict with any regulation of the Georgia Public Service Commission or other similar State or Federal Agencies having jurisdiction in such matters. (k) Punishment for violations. To provide the punishment to be imposed for violation of any ordinance, rule, regulation or order of the Government of the City of Tallapoosa. (l) Public service corporation structures. To compel any and all public service corporations operating or doing business in the City to remove and replace and readjust at their own expense all tracks, poles, conduits, wires and other

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appurtenances and structures owned or used by them in the prosecution of their business functions, whenever the same may, in the discretion of the City Government, be necessary to carry out any ordinance or plan of the City Government, or to be in the best interest of the City or its inhabitants. (m) Railroads. (1) To require the railroads or street railroads running through the City or any portion thereof to make and repair such public crossings for pedestrains or vehicles over or across their several roads whenever or in such a manner as the City Government may deem necessary: to place or repair such crossing, or to open or keep open any street in the City crossing them, and the City Government may pass any ordinance needful for carrying out the provisions of this Section. And in case any railroad or street railroad shall fail or refuse to make such crossings within fifteen (15) days or to repair the same within twenty-four (24) hours after having been notified to do so by the City, the City Government shall have the power to create and make the same across the railroad or street railroad, and to repair the same at the expense of said railroad or street railroad, and may issue execution therefor, and levy and collect the same as in the case of tax executions, and (2) to prescribe speed limits for railroads and street railroads and to other wise restrict and regulate the operation of railroads and street railroads so as to provide for the safe and convenient passage of pedestrains and vehicles over the streets and ways within the City. (n) Use general funds for advertising the City and for gifts to eleemosynary institutions. To make appropriations and payments from the general funds of the City for the purpose of advertising the City and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the City and Haralson County, and also for making contributions to any Board of Trade or Chamber of Commerce or like body in the City, or in Haralson County, Georgia, which may have for its object any of the above stated public purposes, and also to make payment from the general revenues and funds of the City for the support of public hospitals, libraries, charities and other eleemosynary institutions in the City.

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(o) Receive gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (p) Signs and visual obstructions. 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. Section 1.22. Exercise of Powers . All powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the Mayor and Council and as provided by the pertinent laws of the State of Georgia. Section 1.23. Prior Ordinances, Still Valid . All ordinances, by-laws, rules and regulations now in force in the City of Tallapoosa, not inconsistent with this Charter, are hereby declared valid and of force until amended or repeal by the Mayor and Council. CHAPTER II. MAYOR AND COUNCIL . Article I. General Provisions . Section 2.10. Compensation and Election . The legislative authority of the Government of the City of Tallapoosa shall be vested in a Mayor and five (5) Councilmen, who shall be elected in the manner provided by Chapter VI of this Charter and any other appropriate provisions of this Charter. Section 2.11. Terms and Qualifications of Office . The Mayor and members of the Council shall serve for terms of two (2) years and until their successors are elected and qualified. No person shall be qualified or eligible to seek election as Mayor or Councilman unless he is at least twenty-one (21) years of age, shall have resided in the City continuously

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for one (1) year immediately preceding his election, and shall be registered and qualified to vote in the municipal elections for offices in the City of Tallapoosa. Section 2.12. Vacancy in Elected Offices . The Offices of Mayor or Councilmen shall become vacant upon the incumbent's death, resignation, removal from office in any manner authorized by law, or forfeiture of his office, or when he ceases to reside within the Corporate Limits of the City of Tallapoosa. Section 2.13. Compensation; Expenses . The Mayor shall receive as compensation for his services a sum not to exceed $150.00 per month and not less than $10.00 per month, as fixed by ordinance of the Council, and each Councilman shall receive as compensation for his services a sum not to exceed $100.00 per month and not less than $10.00 per month, as fixed by ordinance of the Council. The Mayor and Councilmen may be reimbursed for actual and necessary expenses incurred in the performance of their official duties, as provided by ordinance of the Council. Section 2.14. Oath of Office . Each newly elected or appointed Mayor or Councilman, before entering upon the duties of his office, shall take and subscribe before the City Clerk, City Attorney or before some judicial officer, or Mayor, the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor (or Councilman, as the case may be) of the City of Tallapoosa, Georgia, to the best of my skill and ability, and as to me shall seem to be the best interest and welfare of the City, without fear, favor or affection. Section 2.15. Prohibitions . (a) Holding other office. Except as authorized by law, neither the Mayor nor any member of the Council shall hold any other City Office or City employment during the term for which he was elected, and no former Mayor or Councilman shall hold any compensated appointive City office or City employment until one

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(1) year after the expiration of the term for which he was elected to office. (b) Personal interest. Neither the Mayor or any member of the Council shall vote upon any question in which he is personally interested. Section 2.16. Forfeiture of Office . The Mayor or any member of Council shall forfeit his office if he: (1) lacks at any time during his term of office any qualification for the office as prescribed by this Charter; (2) violates any expressed prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. Section 2.17. Judge of Qualifications . The Mayor and Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their offices and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence, by subpoena duces tecum or otherwise. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in a newspaper of general circulation in the City at least one week in advance of said hearing. Decisions made by the Mayor and Council under this Section shall be subject to the review of the Courts. Section 2.18. Inquiries and Investigations . The Mayor and Council may make inquiries and investigations into the affairs of the City and conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence by subpoena duces tecum or otherwise. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Mayor and Council shall be punished as provided by ordinance. Article II. Mayor . Section 2.20. Mayor, Duties and Powers . The Mayor shall be the official spokesman for the City and the chief

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advocate of policy. He shall preside at meetings of the Council, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds, contracts, and other instruments or documents authorized to be executed on behalf of the City. The Mayor shall perform such other duties imposed by this Charter or by ordinance of Council not inconsistent therewith. Section 2.21. Mayor Pro Tem . During the absence or disability of the Mayor for any cause, the Mayor Pro Tem, or in his absence or disability for any reason, any one of the Councilmen chosen by the Council shall be clothed with all of the rights and privileges of the Mayor and shall perform the duties of the office of Mayor so long as such absence or disability shall continue. Article III. Organization and Procedures . Section 2.30. Organizational Meeting . The Mayor and Council shall meet for organization at the first regular meeting in April following each regular election. The meeting shall be called to order by the City Clerk and the Oath of Office shall be administered to the newly elected members. Following the induction of members, the Mayor and Council by majority vote of all of the members thereof shall elect one of their number to be Mayor Pro Tem, who shall serve for a term of one year. Section 2.31. Regular and Special Meetings . (a) The Mayor and Council shall hold regular meetings at least once in every month on the first Monday of said month at the City Hall. The time and place for the regular meeting may be changed by the Mayor and Council by ordinance. The Mayor and Council may recess any regular meeting and continue such meeting on any week-day or hour they may fix. They may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the Mayor and Council may be held on call of the Mayor or shall be held when requested in writing by a majority of the members of the Council and,

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except in the case of emergency, upon no less than twenty-four hours notice to each member. Notice of any special meeting may be waived in writing and attendance at the meeting shall be a waiver of notice of any special meeting. The time and place of said special meeting must be specified in the notice. Section 2.32. Quorum; voting . The Mayor, or Mayor Pro Tem, if he is presiding, and a majority of the duly qualified and acting Councilmen shall constitute a quorum for the transaction of business. The Mayor, or Mayor Pro Tem, if he is presiding, shall be entitled to vote only in the case of a tie. A majority of the votes cast shall determine all questions except as otherwise provided in this Charter. Voting, except on procedural motions, shall be by voice and the ayes and nays shall be recorded in the Minutes, but any member of the Council shall have the right to request a roll call vote. Article IV. Legislative Procedure . Section 2.40. City Legislation . Any action of the Council, having a regulatory or penal effect, or required to be done by ordinance under this Charter shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least a majority of the duly elected and qualified members of the Council shall be required to pass any resolution or ordinance. After adoption of ordinances, the same shall be signed by the Mayor or Mayor Pro Tem, if the Mayor is not present, and by the City Clerk, and the City Clerk shall number said ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the City Clerk shall do likewise for resolutions, using a separate series of 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 2.41. Legislative Procedure . The Mayor and Council may establish rules of procedure for the introduction and passage of ordinances and resolutions, and if such

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procedure is adopted, the same shall be followed in all instances until specifically changed by said Mayor and Council; provided, however, such rules of procedure are not in conflict with this Charter or any General Act of the State of Georgia. CHAPTER III. ORGANIZATION AND ADMINISTRATION . Article I. General . Section 3.10. Administrative Departments; Creation . The Mayor and Council shall establish such City Departments, offices and agencies in addition to those created by this Charter as they shall deem necessary to administer the affairs and Government of the City. They shall prescribe the functions and duties of any such departments, offices and agencies created. Section 3.11. Consolidation, Transfer and Merger of Departments and Functions . The Mayor and Council may abolish, merge or consolidate offices, positions of employment, departments, and agencies of the City; may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions and duties of offices, positions of employment, departments and agencies of the City. Article II. City Manager . Section 3.20. City Manager Appointment . The Mayor and Council of the City of Tallapoosa shall select and appoint a City Manager, who shall, subject to the control, direction and supervision of the Mayor and Council, be the head of the administrative branch of the City Government and responsible for the efficient administration of all departments of the City. The City Manager shall be chosen solely on the basis of ability, training and experience. Section 3.21. City Manager; Term; Compensation . The City Manager shall be appointed for an indefinite term and shall hold office until he shall be removed as provided in this

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Article. He shall receive such salary and expense allowances as the Mayor and Council shall fix. The Mayor and Council may remove the City Manager at any time within six (6) months after his appointment and qualification at the will of the Mayor and Council, but the City Manager shall not thereafter be removed from office until served with written charges and given a public hearing before the Mayor and Council. Section 3.22. Acting City Manager . The Mayor and Council may designate a person or persons to perform the functions and duties of the City Manager during his suspension, absence or disability. Vacancies in the office of City Manager shall be filled by the Mayor or Council as early as practicable, and until such vacancy is filled, the Mayor and Council shall have full authority to make a temporary appointment or to perform the functions and duties of the office. Section 3.23. Powers and Responsibilities of City Manager . The City Manager shall devote such time and attention to the affairs of the City as necessary to perform his duties and shall be responsible to the Mayor and Council for the efficient administration of all of the affairs of the City over which he has jurisdiction. Subject to the control, direction and supervision of the Mayor and Council, the City Manager shall have power and it shall be his duty: (1) To see that all laws and ordinances are enforced. (2) To see that the business and affairs of the City are efficiently organized and handled. (3) To exercise administrative control over all regular departments, agencies and divisions of the City. (4) To recommend to the Mayor and Council for appointment all officers which said Mayor and Council may have authority to appoint. Such appointees shall appoint and remove all subordinate officers and employees in their respective

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offices and departments with the approval of the City Manager and the City Council. Upon failure of such appointees or the City Manager to act in making such appointments and removals, the Mayor and Council shall have full power and authority to act. Nothing herein shall prevent the Mayor and Council from creating, abolishing, consolidating, altering or modifying departments. (5) To suspend any City employee including department heads until the next regular meeting of the City Council. It shall be the duty of the City Council at the next regular meeting following the suspension of any City employee by the City Manager to either affirm or reject the action of the City Manager. In the event that the City Council shall affirm the action of the City Manager, such employee shall be considered to have been dismissed from City employment as of the date of his suspension by the City Manager. In the event that the City Council shall reject the action by the City Manager, the City employee shall be reinstated with all the former benefits of his employment, including the right to be paid his regular compensation from the date of his suspension. (6) To attend the meetings of the Mayor and Council, with the right to take part in all discussions, but having no vote. (7) To recommend to the Mayor and Council for adoption such measures as he may deem necessary or expedient. (8) To prepare and submit to the Mayor and Council an annual budget. (9) To keep the Mayor and Council fully advised as to the financial condition and needs of the City. (10) To make and execute all lawful contracts on behalf of the City of Tallapoosa as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the Mayor and Council; provided, however, that no contract, purchase or obligation, involving more than $500.00 shall be valid or binding upon the City

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until approved by the Mayor and Council; and provided further that without the approval of the Mayor and Council neither the City Manager nor any other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget, therefor as fixed by the Mayor and Council, and provided further that no department head of the City shall make any purchase on behalf of the City without a written purchase order signed by the City Manager. (11) To make to the Mayor and Council monthly written reports showing his acts and doings, the operations of the City, and all City disbursements, purchases, contracts and obligations, such report to be in the form prescribed by the Mayor and Council. (12) To perform such other duties as may be required by ordinance or resolution of the Mayor and Council. (13) To give bond in the penal sum fixed by the Mayor and Council, with surety approved by the Mayor and Council, payable to the City of Tallapoosa and its successors and assigns, for the benefit of said City of Tallapoosa and for the use and benefit of the public, by reason of his default, misfeasance, malfeasance, or nonfeasance in the performance of his duties. The premiums for such bond shall be paid by the City of Tallapoosa. Article III. City Attorney . Section 3.30. City Attorney; Appointment; Qualifications; Term; Compensation . The Mayor and Council shall appoint a City Attorney who shall be an attorney at law licensed to engage in the practice of law in the Superior Courts and Appellate Courts of the State of Georgia and who shall be a member of the State Bar of Georgia and who shall be a resident of Haralson County, Georgia, during his tenure. The City Attorney shall serve at the pleasure of the Mayor and Council and shall receive such compensation as they shall determine.

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Section 3.31. Additional Counsel . Whenever in the judgment of the Mayor and Council it shall be deemed advisable to employ additional counsel to assist the City Attorney, authority to do so is hereby conferred upon the Mayor and Council. Such additional counsel shall receive such compensation as may be determined by the Mayor and Council. There shall be no residency requirements of said additional counsel. Section 3.32. Duties of the City Attorney . It shall be the duty of the City Attorney to prosecute and defend suits for and against the City; to serve as legal advisor to the Mayor, Councilmen and City Manager and other City Officials, if so directed by the Mayor and Council, with respect to the affairs of the City; to draw all legal documents relating to the affairs of the City when requested to do so; to draw proposed ordinances when requested to do so; to inspect and pass on the legality in form of all agreements, contracts, franchises and other instruments with which the City may be concerned; to attend meetings of the Mayor and Council, and to perform such other duties as may be required of him by virtue of his position as City Attorney by said Mayor and Council. Article IV. Administrative Officers . Section 3.40. City Clerk . The Mayor and Council shall appoint an officer who shall be designated as City Clerk who shall perform the duties of the City Clerk and who shall keep a Minute Book of the proceedings of the City Council and maintain in a safe place all records and documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the Mayor and Council may direct. Said Clerk shall be the custodian of all official records of the City. Section 3.41. Tax Collector . The Mayor and Council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the City, subject to the provisions of this Charter and ordinances of the City, and the Tax Collector shall diligently comply with and enforce all ordinances of the City of Tallapoosa and applicable laws of the

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State of Georgia relating to the collection and sale, foreclosure of taxes. Section 3.42. Additional Administrative Officers . The Mayor and Council may from time to time appoint such additional administrative officers as they may deem necessary for the proper management of the City affairs and to prescribe such duties, functions and compensation for said officers as they see fit. Article V. Personnel Administration . Section 3.50. Position Classification and Pay Plans . The City Manager shall be responsible for the preparation of a position classification and pay plan for monthly salaried employees which shall be submitted to the Mayor and Council for approval. The Mayor and Council may by ordinance provide that said plans may apply to all employees of the City of Tallapoosa and to any of its agencies and offices. When a pay plan has been adopted, the Mayor and Council shall not increase nor decrease the salaries of individual employees except by amendment of said pay plan. Section 3.51. Personnel Policies . The Mayor and Council may adopt rules and regulations consistent with this Charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan; (3) hours of work; vacation, sick leave, and other leaves of absence, over-time pay, retirement, and the manner in which lay off 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. Section 3.52. Prohibitions . Neither the City Manager

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nor any other officer or employee of any department under him shall campaign or solicit votes for or contract any money towards the election or nomination of any person as Mayor or Councilman of the City, except to answer such questions as may be put and that they may desire to answer. Any violation of this section shall subject the offender to removal from office. CHAPTER IV. FINANCE AND FISCAL . Article I. Taxation . Section 4.10. Property Taxes . All property subject to taxation for State or County purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Tallapoosa. The Mayor and 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 4.11. Tax Levy . The Mayor and Council shall be authorized to levy an ad valorem tax on all real and personal property within the Corporate Limits of the City for the 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 Tallapoosa is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104, inclusive, and subsequent amendments to same. Section 4.12. Tax Due Dates and Tax Bills . The Mayor and Council shall provide by ordinance when the taxes of the City shall fall due and in what length of time said taxes shall be paid. The Mayor and Council may provide by ordinance for the payment of taxes due to the City in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the payment of taxes prior to the time when due. The terms and methods of payment and collection of

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City taxes shall be in the manner as the Mayor and Council may determine by ordinance. Section 4.13. Tax Execution, Interest, Costs . If said City taxes are not paid by the date the same become delinquent, then execution shall be issued in the name of the City by the City Clerk. Said Tax execution shall bear interest from said delinquent date at the rate of seven per cent per annum. A cost fee of $2.50 for issuance of the execution is hereby authorized which cost shall be added to said execution. Section 4.14. Collection of Delinquent Taxes . The Mayor and Council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the City Clerk and executed by 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 Mayor and 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 4.15. Occupational Taxes . The Mayor and Council by ordinance shall have full power to levy such specific or occupation taxes upon residents of the City of Tallapoosa, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the Mayor and Council may deem expedient for the public health, safety, benefit, convenience, or advantage of the City; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or

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proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. Section 4.16. Water and Sewer Service Charges; Lien . The Mayor and Council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for water and sewer services rendered both within and without the Corporate Limits of the City 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 water or sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for County and City property taxes and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes. Section 4.17. Sanitary and Health Service Charge; Lien . The Mayor and Council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the City, from all individuals, firms and corporations residing in or doing business in said City benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classifications of property and/or sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and 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 4.18. Special Assessments; Lien . The Mayor and Council shall have the power and authority to assess all or part of the cost of constructing, reconstructing, widening, draining, or improving any public ways, streets, sidewalks, sewers, or utility mains and appurtenances, against the abutting property owners, and to provide a method of payment

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of such assessments and penalties for non-payment, under such terms and conditions as may be prescribed by ordinance. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for County and City property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided herein or by ordinance for City property taxes. Article II. Borrowing . Section 4.20. General Obligation Bonds . The Mayor and Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter and the Constitution and Laws of the State of Georgia. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. Section 4.21. Revenue Bonds . Revenue Bonds may be issued by the Mayor and Council as now or hereafter provided by the Laws of the State of Georgia. Article III. Accounting and Budgeting . Section 4.30. Fiscal Year . The Mayor and 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 4.31. Preparation of Budgets . The Mayor and Council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement budget, including requirements as to scope, content and form of such budgets. Section 4.32. Additional Appropriations . The Mayor and Council may by ordinance make supplemental appropriations

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from revenues in excess of those estimated in the budget or make revisions in the operating budget at any regular or special meeting called for such purpose. Section 4.33. Lapse of Appropriations . All unencumbered balances of appropriations in the current operating budget shall lapse at the end of the fiscal year. Section 4.34. Independent Audit . The Mayor and Council shall provide for an independent annual audit of all accounts of the City and may provide for such more frequent audits as it deems necessary. Such audit shall be made by certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City or of any of its officers. The Mayor and Council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year should be made no later than thirty days after the beginning of such fiscal year. Article IV. Procurement and Property Management. Section 4.40. Contracting Procedures . The Mayor and Council shall prescribe by ordinance such rules and regulations as may be necessary to govern the authorization and execution of contracts which shall bind the City, except the City Manager shall have such power as provided in Chapter III, Article II, Section 3.23.(10) of this Charter. All contracts and all ordinances or resolutions making contracts, when deemed advisable by the Mayor and Council, shall be submitted to the City Attorney before authorization by the Mayor and Council. Except where otherwise provided by law, or by this Charter or by ordinance of the Council, all contracts of the City shall be signed by the Mayor or Mayor Pro Tem or by some person designated by the Mayor and Council and shall be authenticated by the City Clerk. Section 4.41. Centralized Purchasing . The Mayor and Council may by ordinance set forth procedures for a system of centralized purchasing for the City.

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Section 4.42. Sale and Disposition of Property . (a) The Mayor and Council are hereby authorized to sell and convey any real or personal property owned or held by the City of Tallapoosa for governmental or other purposes, which is declared obsolete, surplus or unusable; at public or private sale, with or without advertisement, for such consideration as said Mayor and Council shall deem equitable and fair to the City; provided, however, no public utility owned or operated by the City shall be sold by the Mayor and Council unless such sale shall first be approved by a majority vote of the electors of the City of Tallapoosa voting in a special election called and held for the purpose. (b) The Mayor and Council may quit claim any rights it may have in property not needed for public purposes upon report by the City Manager and adoption of a resolution, both finding that the property is not needed for public purposes and that the interest of the City has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place in the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Mayor and Council may authorize the execution and deliverance in the name of the City a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding no public sale after advertisement was or is hereafter made. (d) The Mayor and Council may by ordinance provide a method of closing streets, disposition of said streets, by sale or otherwise, and all matters and procedures relative thereto. The Mayor and Council shall have the same authority and power regarding lanes and alleys not in conflict with the general law of this State.

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

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these systems beyond the Corporate Limits by contract or otherwise. For those purposes the City of Tallapoosa is granted the power of eminent domain within and without its Corporate Limits. The Mayor and Council may provide by ordinance for reasonable connections fees for tapping onto the water and sewer lines of the City and may compel City residents to tap onto the same when such service is made available. They may cause said connections to be made when the owners refuse, and issue executions for the amount so expended, which execution shall be special liens on the property connected with said water and sewerage systems from the date of the order of connection, and may be enforced and collected in the same manner as City tax executions or any general execution as provided by State law. Section 5.13. Right-of-Way . The City of Tallapoosa shall the right, easement and franchise of laying the necessary mains, pipe, conduits and drains for waterworks and sewerage system purposes and gas systems along the highways and County maintained roads in the County of Haralson without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and water shed, from which the water supply or any portion thereof is taken, from contamination and to protect said waterworks and sewerage system and gas system including the mains, pipes, and conduits, whether the same be situated within or without the Corporate Limits of the City. Section 5.14. Eminent Domain . The Mayor and Council are hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, impoundments for storage of water, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements or purposes, inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under section 36-202 of the Code of Georgia, 1933,

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subject to such amendments as shall be enacted thereto or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia. Article II. Regulatory Functions . Section 5.20. Power to Regulate and License . The Mayor and Council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, personal gain or profit of whatever nature, engaged in or carried on within the City Limits, regardless whether or not the subject has an office or establishment within said City. The Mayor and Council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and Laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the City. This authority extends over individuals, partnerships, associations, corporations and their agents. Section 5.21. Franchises . The Mayor and Council shall have authority to exercise control over the use of streets of the City of Tallapoosa. The power is hereby conferred upon the Mayor and Council to grant franchises for the use of said City's streets and alleys, for the purpose of railroads, street railways, telephone companies, gas companies, electric companies, ambulance companies, taxicabs, community antenna television companies, and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipe, lines of conduits both above and below the surface. The Mayor and Council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of forty (40) years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Mayor and Council shall provide for the registration of all franchises with the City Clerk in the Registration Book to be kept by him. The Mayor and Council may provide by ordinance

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for the registration within a reasonable time of all franchises previously granted. Section 5.22. Abatement of Nuisance . The Mayor and Council are hereby empowered to define a nuisance in the City of Tallapoosa and to provide for its abatement. The Mayor and Council shall have jurisdiction of all nuisance abatement proceedings therein, unless under the ordinance said jurisdiction is granted to the Municipal Court of the City. The Mayor and Council may provide by ordinance for any building, structure, or condition maintained in violation of any law of this State or any ordinance of the City of Tallapoosa, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from said City to do so. The Mayor and Council may by ordinance provide for the issuance of an execution for the expense of abatement which shall be a lien upon the property on which said nuisance existed, which execution may be enforced and collected in the same manner as City executions or in the same manner as general executions may be enforced and collected under State law. CHAPTER VI. ELECTIONS . Section 6.10. Regular Elections; Time for Holding . The regular election for Mayor and Councilmen, or Councilmen, as the case may be, shall be held on the first Saturday in March of each year. The election for the Mayor and two (2) Councilmen shall be held in even years, and the election of the remaining three (3) Councilmen shall be held in odd years. Officials elected at any regular election shall take office at the regular meeting of the Mayor and Council of April next following such election. Section 6.11. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Tallapoosa as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, (Ga. L. 1968, 885.) as now or hereafter amended.

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Section 6.12. Election by Plurality . All elective City officers must be elected by a plurality of the votes cast for the particular office in the regular or special election. Section 6.13. Special Elections . In the event that the office of Mayor or any Councilman shall become vacant as provided in section 2.12 of this Charter, the remaining members of the Mayor and Council shall order a special election to fill the balance of the unexpired term of such office; provdied, however, if the vacancy occurs within six (6) months of the expiration of the term of office of such Mayor or Councilman, the vacancy may, at the discretion of the remaining members of the Mayor and Council, be filled by appointment of such remaining members, rather than by special election. CHAPTER VII. MUNICIPAL COURT. Section 7.10. Creation of Municipal Court . There is hereby established a Court to be known as the Municipal Court of the City of Tallapoosa 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 the 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. Section 7.11. Judge . (a) The Mayor shall serve as the Judge of the Municipal Court; however, the Mayor may appoint an individual to serve as the Judge and delegate to him all duties and authority of that office. (b) Before assuming the duties of his office, the Judge

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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 meeting of the Mayor and Council. (c) The compensation of the Judge shall be fixed by the Council. Section 7.12. Convening . The Municipal 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 7.13. Jurisdiction; Powers . (a) The Municipal Court shall try and punish for crimes against the City of Tallapoosa 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 five hundred dollars ($500) or thirty (30) days in jail. The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1000) or imprisonment for thirty (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 thirty (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 violation of State law. (c) The Judge shall be to all intents and purposes a Justice of the Peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Tallapoosa, which warrants may be executed by any officer of the City; and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction. The Municipal

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Court shall also have concurrent jurisdiction with that of a Justice of the Peace over offenses against the criminal cases of the State committed within the Corporate Limits. (d) The Municipal Court shall have the authority to bind prisoners over to the appropriate court when it appears that probable cause exists to believe 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 the 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 Tallapoosa granted by State laws generally to municipal, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances. Section 7.14. Appeal . The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Haralson 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 an 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 7.15. Rules for Court . With the approval of the Mayor and 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

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the Mayor and Council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the Superior Courts under the general laws of the State of Georgia. The rules and regulations made or adopted for the Municipal Court shall be filed with the City Clerk, and shall be available for public inspection. A copy shall be furnished to any defendant in Municipal Court proceedings if requested at least 48 hours prior to the proceedings. CHAPTER VIII. GENERAL PROVISIONS. Section 8.10. Severability . In the event any section, subsection, sentence, clause or phrase of this Charter 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 Charter, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared and adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8.11. Repealers . (a) Specific. An Act incorporating the City of Tallapoosa, Georgia, in the County of Haralson, approved December 23, 1896 (Ga. L. 1896, p. 247), as amended, is hereby repealed in its entirety. (b) General. All laws and parts of laws in conflict with this Charter are hereby repealed. Section 8.12. Effective Date . This Charter shall become effective on April 15, 1976. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Tallapoosa; to

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provide for matters relative thereto; and for other purposes. This 27th day of January, 1976. Philip Eidson, City Clerk Georgia, Haralson County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Tallapoosa Journal-Beacon, the following dates, to-wit: January 28, February 4, 11, 1976. Sworn to on the 26 day of February, 1976. /s/ Frances Greene, Editor Publisher Sworn to and subscribed to before me, on the 26th day of February, 1976. /s/ Carolyn A. Brown Notary Public, Georgia State at Large. My Commission Expires Dec. 12, 1979. (Seal). Approved April 7, 1976. COMPENSATION TO L. C. McGARRAH AUTHORIZED. No. 144 (House Resolution No. 613-1678). A Resolution. Compensating Mr. L. C. McGarrah; and for other purposes. Whereas, L. C. McGarrah, on or about June 28, 1954, at the time he was eighteen years of age, was arrested in Sumter County, Georgia, upon written accusations that he: (1) did assault with intent to forcibly ravish and carnally know Carolyn Salter; (2) did break and enter to commit a larceny at 306 West Church Street, Americus,

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Georgia; (3) did break and enter to commit a larceny at 131 Finn Street, Americus, Georgia; (4) did break and enter to commit a larceny at 218 Hampton Street, in Americus, Georgia; and (5) did assault with intent to forcibly ravish and carnally know Ms. E. W. Hanna; and Whereas, the said L. C. McGarrah did not commit the crimes specified in said written accusations and was innocent of all said charges; and Whereas, the State of Georgia has recognized the foregoing by nolle-prossing and dismissing all the said criminal actions, charges, and actions against L. C. McGarrah on December 14, 1968, as appears in the official records of the Georgia Department of Correction Disposition Report to the Federal Bureau of Investigation; and Whereas, L. C. McGarrah was imprisoned in penal institutions of the State of Georgia between June 28, 1954, and September 6, 1968, after being sentenced to two consecutive twenty-year prison terms and three ten-year terms, the first ten-year term also being a consecutive term, the same as the first two twenty-year terms; and Whereas, L. C. McGarrah has filed a claim for compensation based upon the foregoing with the Claims Advisory Board of the State of Georgia; and Whereas, the State of Georgia, upon humanitarian principles of equity and good conscience, believes that L. C. McGarrah should be reasonably compensated for the losses and damages he has sustained due to his confinement of fourteen years duration in Georgia prisons. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Corrections is hereby authorized and directed to pay the sum of $10,000 to L. C. McGarrah as compensation as provided above. Of said sum, no more than $2,000 shall be available to compensate Mr. McGarrah's attorneys. Said sum shall be paid from funds appropriated to or available to said Department

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and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 7, 1976. COMPENSATION TO TIM BYRD AUTHORIZED. No. 146 (House Resolution No. 621-1708). A Resolution. Compensating Mr. Tim Byrd; and for other purposes. Whereas, on March 20, 1975, Mr. Tim Byrd, a student at North Georgia College, was traveling on a spring concert tour with the North Georgia College Chorus; and Whereas, his suitcase fell out of the luggage compartment of the bus and was never recovered; and Whereas, Mr. Byrd suffered loss of property and damages in the amount of $180.00; and Whereas, the said incident occurred through no fault or negligence of Mr. Byrd, 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 Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $180.00 to Mr. Tim Byrd 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 7, 1976.

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AUGUSTA-RICHMOND COUNTY CREATEDCHARTER GRANTEDREFERENDA. No. 1407 (House Bill No. 1009). An Act to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide government through the creation and establishment of a new political entity to be known as the Augusta-Richmond County; to provide for the powers, duties, functions, responsibilities and jurisdictions of such political subdivision; to provide for a governing authority for such political subdivision; to provide that the assets, rights, liabilities and obligations of Richmond County and the City of Augusta shall be assumed by the successor governing authority; to provide for all necessary matters and procedures connected with the foregoing; to provide for referenda; 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 General Provisions Section 1.01. Creating a Unified Government . The governmental and corporate functions heretofore vested in The City Council of Augusta, a municipal corporation created by Act of the General Assembly of Georgia, assented to January 31, 1798, as amended, are hereby unified with the governmental and corporate powers, duties, and functions of Richmond County, Georgia. Such unification is made pursuant to constitutional power granted by Article XI, Section I, Paragraph VII, of the Constitution of Georgia of 1945, as amended, particularly by an amendment ratified at the General Election held on November 5, 1968 (Ga. L. 1968, p. 1787 et. seq.). Such unification shall result in the creation and establishment of a new political entity to be known by the name of Augusta-Richmond County (herein referred to as the Unified Government) which shall be a single county-wide government with powers and jurisdiction

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throughout the territorial limits of Richmond County, Georgia, which single government supersedes and replaces the governments of the City Council of Augusta and the County of Richmond which shall perform all the governmental and corporate functions heretofore performed by the City Council of Augusta and Richmond County. At such time as this Charter shall become effective and subject to the particular provisions made hereafter in this Charter, all the assets, rights, liabilities and obligations, of whatever nature, of Richmond County and the City Council of Augusta shall be assumed by the successor governing authority and shall be the assets, rights, liabilities and obligations of such successor governing authority. Section 1.02. Boundaries of the Unified Government . The territory embraced in and under the jurisdiction of the Unified Government shall be the total area of Richmond County, as established at the time this Charter becomes effective; provided, however, such limits may be altered from time to time, as provided by the Constitution and laws of the State of Georgia pertaining to counties. Section 1.03. Limitations . Nothing contained in this Charter shall be construed so as to affect the status of any incorporated municipality located within Richmond County, other than the City Council of Augusta. The status or relationship which such incorporated municipalities bear to Richmond County and the City Council of Augusta or either of them prior to the adoption of this Charter shall continue with the Unified Government of Augusta-Richmond County. This limitation shall not foreclose any future voluntary unification or consolidation of the unaffected municipal incorporations within Richmond County with the Unified Government. Section 1.04. Form of Government, Executive and Legislative Powers . The governmental and corporate functions of the Unified Government shall be performed by the Augusta-Richmond County Commission and the Mayor. The legislative powers of the Unified Government are vested in

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the Augusta-Richmond County Commission and the executive powers and administrative functions of the Unified Government are vested in the Mayor. ARTICLE II Powers of Augusta-Richmond County Unified Government Section 2.01. Corporate Powers . The Unified Government shall be a single body politic and corporate. The Unified Government shall be a political division of the State of Georgia and a public corporation; shall have perpetual succession; may adopt a common seal; shall, without the necessity of formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all of the properties (of whatsoever kind or nature), contracts, franchises, assets, things, rights, privileges, immunities, real and personal property owned, possessed, enjoyed, or held by the City Council of Augusta and Richmond County on the effective date of this Charter; and by the name of Augusta-Richmond County shall be capable of suing and being sued, pleading and being impleaded when authorized by this Charter and by the Constitution and laws of the State of Georgia. Section 2.02. Grants of County and Municipal Powers . In addition to the powers and authorities herein granted, the Unified Government shall have and be vested with, to the same extent as if herein repeated in this Charter, all of the governmental and corporate rights, powers, authorities, duties, functions, privileges, and immunities that the City Council of Augusta or Richmond County, or both, has or have under the Constitution and General and Special Laws of Georgia at the time of the adoption of this Charter, except as modified or repealed in this Charter. For the purpose of determining the applicability of General Laws of local application, through classification by population, and enacted subsequent to the adoption of this Charter, the Unified Government shall be deemed to be a municipal corporation and a county. The Unified Government, in addition to the rights, functions, powers, privileges, and immunities expressly conferred upon it by this Charter, shall have the right, function,

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

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

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including apprehension of and detention of fugitives and other violators of such ordinances and laws, provided, however, that all law enforcement responsibility, existing, or created, by or under the Unified Government shall be under and directly responsible to the Chief Law Enforcement Officer of the Unified Government who shall be the elected Sheriff of Richmond County. (10) To establish, organize, maintain, equip, staff and operate a fire department and to train its personnel for the purpose of providing fire protection within the Urban and Special Services Districts; and to enter into contract for the furnishing of fire protection outside the Urban Services Districts. (11) To establish, maintain, and operate facilities for the confinement, detention, and rehabilitation of persons convicted of the violation of the ordinances of the Unified Government and criminal laws of the State of Georgia. (12) To provide for, or aid in the support of, public libraries and museums. (13) To make and enforce zoning regulations. (14) To regulate the erection, alteration, and construction of buildings and all other structures; to adopt building, housing, plumbing, gas, electrical, and other codes; to regulate, by license or otherwise, all building trades; and to grant permits for the construction, alteration, and erection of buildings and all other structures. (15) To establish fire districts or zones and building zones; to establish fire prevention codes and to enforce same. (16) To provide for the destruction and removal of any building or other structure which is declared to be dangerous or detrimental to the public. (17) To grant franchises and fix the fares or rates to be

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charged for the transportation of persons or property by any vehicle held out to the public use for hire within the area of the Unified Government; to require indemnity bonds issued by surety companies or indemnity insurance policies to be filed by the owner or operator of such vehicle for the protection of any person against loss, by injury to person or property; and to make regulations with respect to the operation of such vehicles. (18) To grant franchises and rights-of-way through streets and roads and other public property. (19) To regulate the operation of all vehicles and exercise control over all traffic, vehicular and pedestrain; including parking, on and under the public streets, roads, alleys, and walkways of the Unified Government. (20) To provide for the inspection and measuring of any product sold or delivered within the territorial limits of the Unified Government, and to provide standards of quality for food products offered for human consumption. (21) To provide for the creation, maintenance, building or purchase, and operation of waterworks, transportation facilities, public airports, system of canals, and any other public utility including, but not limited to, sewers and a sewerage disposal system; to fix such rates and provide for the making of such charges and assessments as are deemed necessary for the proper furnishing of such services, and to provide for penalties and withdrawal of service for refusal or failure to pay such charges; provided, however, such penalties and withdrawal of service shall be against only the person in whose name the account stands. (22) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon and close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light streets, roads, alleys, and walkways within the Unified Government, and regulate and control their use.

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(23) To provide for the prevention and regulation (where appropriate) of vice, obscenity, immorality, dissemination and distribution of pornography, vagrancy, drunkenness, riots, disturbance, disorderly houses, bawdy houses, gambling and gambling houses, lewd exhibitions, disorderly conduct, the carrying of concealed weapons, and breaches of the peace. (24) To regulate junk dealers; pawn shops; the manufacture, sale, or transportation of intoxicating beers, wines, liquors or other intoxicating beverages; the use of firearms; and the use and sale of firecrackers and fireworks; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials; the use and sale of lighting and heating equipment; and any other commodity product, business, or situation which may be dangerous to persons or property. (25) To acquire, own, maintain, and operate public parks, playgrounds, and other recreation facilities; and to equip and improve them with all suitable devices, buildings, and other structures. (26) To collect and dispose of garbage, junk, and other refuse; and to regulate the collection of and disposal of garbage, junk, and other refuse by others. (27) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be received therefor, or for services to be received and payments to be received therefor. (28) To establish and collect service charges to defray installation costs and operating expenses incurred in furnishing, beyong the Urban Services Districts, services which are a function of the Urban Services Districts. (29) To exercise the power of eminent domain for any public purpose.

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(30) To prevent, abate, and remove nuisances. (31) To provide for the protection of children and animals, and to prevent either from being subject to cruel treatment. (32) To create, alter, or abolish departments and divisions thereof, boards, offices, authorities, commissions, and agencies; and to confer upon them the necessary and appropriate authority for carrying out all of the powers conferred upon or delegated to them; provided, however, that the provisions of this subsection shall not be applicable to elected officials or the office of Sheriff. (33) To determine such offices for which bond shall be required and the amount thereof. (34) To regulate the emission of smoke or other exhausts which pollute the air. (35) To regulate, tax, license, or suppress the keeping and going at large of animals, including domestic fowls; to impound them and, in default of redemption, to destroy or sell them. (36) To prevent the pollution of natural streams which flow within the territorial limits of Augusta-Richmond County. (37) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter. (38) To provide for the redevelopment and rehabilitation of blighted, deteriorated, or dilapidated areas. (39) To provide for the redevelopment and rehabilitation of areas, sites, or structures (locally, Statewise, or nationally) significant in American architecture, archeology, history, or culture. (40) To establish, maintain, and operate public hospitals, sanatoria, convalescent homes, clinics, and other public

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institutions, homes, and facilities for the care of children, the sick, the mentally deficient, the aged, and the destitute. (41) To grant exclusive franchises and rights-of-way through and over streets, roads, and bridges to private fire fighting companies (without regard to the type of entity) within the defined geographical limits of the General and Special Servcies areas for the purpose of providing fire protection to the residents of such areas. (42) To create, operate, and maintain proprietorship or enterprise activities of the Unified Government, for which charges may be assessed and revenues collected. (43) To improve or preserve the navigation of the Savannah River within the territorial limits of Augusta-Richmond County; to erect, repair, regulate, and operate the public docks, wharves, landings, and stationary anchorage thereat; and to fix rates for the use thereof. (44) To adopt ordinances necessary for the health, convenience, safety, and general welfare of the inhabitants; and to carry out the full intent and meaning of this Charter as fully as if specifically authorized herein. (45) To establish, own, maintain, acquire, and operate, within the territorial limits of Augusta-Richmond County, a transportation system or systems (viz: water, aerial, vehicular, rail, or subway, or a combination thereof) for the transportation of passengers. Section 2.04. Construction . The powers of the Unified Government shall be construed liberally in favor of the Unified Government. The specific mention of, or failure to mention, particular powers in this Charter shall not be construed as limiting, in any way, the general power of the Unified Government as stated in this Article. It is the intention hereof to grant to the Unified Government full power and right to exercise all governmental authority necessary for the effective operation and conduct of the Unified Government, within its territory, and for the conduct of all of its affairs.

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ARTICLE III The Commission Section 3.01. Commission Membership; Terms of Office . The Augusta-Richmond County Commission shall consist of a Mayor and two commissioners elected from and representing each of the six commission districts provided by this Charter and three at large Commissioners. Except for the at large Commissioners, each Commissioner's post shall be numbered corresponding to the commissioner district he represents, designated respectively as Post No. 1 or Post No. 2 of each respective Commission district. The terms of the commissioners shall be four years and until their successors are elected and qualified, commencing on the first Monday after the first day of January next following their election. Section 3.02. Commission Districts; Reapportionment . For the purposes of electing the Commissioners, Richmond County shall be divided into six commission districts as follows: Commission District No. 1 shall contain all of that territory embraced within Georgia House of Representative District No. 86; Commission District No. 3 shall contain all of that territory embraced within Georgia House of Representative District No. 87; Commission District No. 4 shall contain all of that territory embraced within Georgia House of Representative District No. 88; Commission District No. 5 shall contain all that territory embraced within Georgia House of Representative District No. 89; Commission District No. 6 shall contain all of that territory embraced within Georgia House of Representative District No. 90 plus that portion of Richmond County contained within Georgia House of Representative District No. 84. The Commission districts shall be reapportioned after each decennial United States census so as to provide for districts as nearly equal in population as possible. Section 3.03. Qualifications of Members of the Commission .

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Each Commissioner shall be a citizen of the United States, and shall be at least eighteen (18) years of age as of the time designated for him to take office. In addition to such qualifications, a Commissioner shall be a resident and qualified elector of the area comprising the district from which elected, for a period of at least one year prior to the date of taking office. Any Commissioner who removes his residence from the district from which elected shall thereby vacate his office. No person holding the office of commissioner shall, during his or her term of office, hold any other elective public office or position of employment within the Unified Government. Section 3.04. Compensation; Expenses; and Procedures for Handling . The annual salary of Commissioners shall be $5,000.00; provided, however, such compensation may be increased or decreased by ordinance adopted by the Commission. Each Commissioner shall receive the same salary, and no increase or decrease in the annual salary of Commissioners shall become effective until the date of the commencement of the terms of office for Commissioners elected at the next regular election following such increase or decrease. The Commissioners shall, by ordinance, establish a policy for reimbursement of the actual and necessary expenses incurred by its members in the performance of their official duties. Section 3.05. Vacancies; Forfeiture of Officies; Filling of Vacancies. (1) Vacancies . The office of a Commissioner shall become vacant upon his death, resignation, or removal from office in any manner authorized either by this Charter or by the laws of the State of Georgia. (2) Forfeiture of Office . A Commissioner shall forfeit his office on any of the following grounds: (a) if at any time during his term it is found that he is lacking any of the qualifications of office prescribed either by the laws of the State of Georgia or by this Charter; (b) if, during his term, he ceases to be a resident of the district he was

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elected to represent; (c) if he shall stand convicted of a crime for which penal servitude in excess of one year is permitted by law. (3) Filling of Vacancies . Should a vacancy occur in the office of any Commissioner for the reasons stated in paragraphs (1) and (2) of this Section, the unexpired term shall be filled by a special election, provided, however, such special election is at least one year prior to any general election in which a Commissioner would normally be elected. (4) Determination of Qualifications . The Commission shall be the judge of the elections and qualifications of its members and shall determine the existence of any ground for forfeiture of office. For such purposes the Commissioners are authorized to give notice and hold hearings, to subpoena witnesses, administer oaths, and require the production of evidence. Where a hearing is held to determine the grounds of forfeiture of office, notice of the hearing shall be published in one or more newspapers of general circulation in Augusta-Richmond County at least two weeks immediately preceding the hearing. Decisions made by the Commissioners under this Section shall be subject to review by the Superior Court of Richmond County upon writ of certiorari. Section 3.06. Oath of Office; Meetings, Quorum; Voting; Rules of Procedure . Each Commissioner before entering upon his duties, shall take and subscribe to the following oath administered by a Judge of the Superior Court of the Augusta Judicial Circuit: I do solemnly swear that I will well and truly perform the duties of Commissioner of Augusta-Richmond County; and will, to the best of my ability, promote the general welfare and the common interests of the inhabitants of Augusta-Richmond County; that I am not the holder of any public monies unaccounted for; and that I will enforce the ordinances and resolutions of the Unified Government and support and defend the Charter thereof, as well as the Constitution of the State of Georgia and of the United States of America. So help me God.

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The Commissioners shall hold regular meetings at least twice monthly at such day and time as it shall determine. Special meetings of the Commissioners may be held as determined by the Commissioners. Special meetings may be called either by the Mayor or a majority of the Commissioners, and upon twenty-four hours' written notice thereof to each member. Notice of special meetings shall be provided in the following manner: (1) Such notice is to be posted in the United States mails, as registered or certified mail, property addressed to the intended recipient, with adequate postage thereon to assure delivery at least twenty-four hours in advance of the time for such meeting; or (2) Such notice is to be delivered personally to, or delivered to and left at the place of residence of, the intended recipient not less than twenty-four hours immediately preceding the time for such meeting; (3) No notice shall be necessary when the necessity for a meeting is predicated upon an emergency situation. The Mayor and, in his absence or incapacity or upon his refusal to act, the Mayor Pro Tem., shall preside at all meetings of the Board of Commissioners and have a voice in the proceedings. In the event both the Mayor and the Mayor Pro Tem. are absent, incapacitated or refuse to preside at a meeting, the Commission may elect one of its members to serve as temporary presiding officer at such meeting. A majority of the membership of the Commission shall constitute a quorum for the transaction of business, but less than a quorum may adjourn a meeting for lack of a quorum to a specified time. All appointments, elections, and confirmations by the Commission shall be viva voce, and this vote recorded by the Clerk of the Commission in the official Journal, all records of such votes shall be made public. No Commissioner may

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assign or otherwise extend his vote to another Commissioner, nor may any Commissioner assume the privileges of another's vote. Abstentions by Commissioners from voting are permissible so long as record of each abstention is recorded by the Clerk of the Commission in the official journal. The Commission may establish and amend time to time, its rules of procedure, except for those procedures established by this Charter. Section 3.07. Powers and Authority of the Commission . All legislative power of the consolidated government, including any such power which may hereinafter be conferred on the consolidated government by amendment to this Charter or by the Constitution or laws of Georgia, is vested in and shall be exercised by the Commission in accordance with the provisions of this Charter. Where the Commission has determined that a State of emergency exists, it may delegate its legislative powers to the Mayor to rule the area of the Unified Government by proclamations. Such proclamations shall have the force and effect of ordinances adopted by the Commission, and violators shall be punished by fine and imprisonment in like manner as violators of ordinances adopted by the Augusta-Richmond County Commission. Such proclamations shall be of no further effect when the Commission declares the state of emergency to have ended. In the exercise of its powers, the Commission shall adopt and provide for the execution of such ordinances, rules and regulations, not inconsistent with this Charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this Charter and for the promotion and protection of the safety, health, peace, security and general welfare of the inhabitants of the Unified Government and may enforce such ordinances, rules and regulations by imposing penalties for violations thereof, by a fine not exceeding three hundred dollars ($300.00) or imprisonment not exceeding ninety (90) days, or both. The Commission may by ordinance create, change, alter,

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combine, abolish and consolidate bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the Unified Government, except offices of elected officials, including positions of public employment, and may transfer and delete functions and assign additional functions to any of the bureaus, offices, agencies, Departments, divisions, boards, authorities, commissions and positions of public employment existing under this Charter. All appointments, authorized by this Charter, to be made by the mayor shall be made only with the advice and consent of a majority of the entire Commission. Section 3.08. Ordinances and Resolutions . The Commission shall exercise its legislative power and authority by ordinance or resolution, as may be appropriate to the occasion, or as may be specifically provided by this Charter, as herein adopted or hereafter amended, or by the Constitution and laws of Georgia. Any action of the Commission having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this Charter, shall be done only by ordinance. Other actions may be accomplished by resolutions as may be appropriate. Written copies of all ordinances shall be delivered to the members of the Commission at least twenty-four hours prior to the introduction, unless such requirement is waived by all the members of the Commission. Each resolution shall be in written form before being introduced. Each ordinance or resolution adopted by the Commission shall have a caption stating briefly the subject matter of the ordinance or resolution and shall begin Be It Ordained (or Resolved) By The Commission of Augusta-Richmond County..... The caption of the ordinance shall not be deemed a part of the ordinance and shall not restrict its meaning or intent. Every proposed ordinance must be complete and in writing and may be introduced by any member at any meeting of the

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Commission. Any proposed ordinance may be amended before final adoption if the amendment is germane to the original proposed ordinance. Every ordinance shall embrace but one subject which shall be clearly expressed in the title, except ordinances making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt. No ordinance or Section thereof shall be revised or amended by its title or section number only; the new ordinance shall contain the entire ordinance or section as revised or amended. A proposed ordinance may be read only by title except when a full reading is demanded by not less than three members of the Commission, provided, however, that each ordinance must be read at least once in its entirety before final adoption. No ordinance shall become effective until it shall have been passed on three readings at meetings held at least five days apart, and not more than ninety days apart; except that, by vote of three-fourths of the full Commission, the second reading of the ordinance may be waived. Failure to pass any ordinance on second reading within the ninety-day period shall not bar the introduction at a later date of the same or a similar ordinance. A resolution shall become effective upon adoption after one reading. On final action on an ordinance or resolution, the vote shall be taken by ayes and nays and the names of the members of the Commission and their vote shall be recorded as herein elsewhere provided. Every ordinance adopted by the Commission shall be presented by the Clerk of the Commission to the Mayor as promptly as possible, following its adoption, for such action thereon by the Mayor as is provided for elsewhere in this Charter. When the Mayor affixes his signature of assent thereon the ordinance shall become law upon its return to the Clerk.

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Each ordinance returned to the Commission by the Mayor with his written motion for reconsideration shall be presented to the Commission at its next regular meeting immediately following its resubmission to the Commission; the Commission may reaffirm its action by a two-thirds vote of its members present, whereupon the ordinance shall become law. In the event the Mayor fails to sign the ordinance in accordance with the above procedures or does not resubmit the ordinance with his written motion for reconsideration, as provided herein, the ordinance shall become law upon the expiration of a ten-day period following its adoption. Section 3.09 Authentication; Recording; Effective Date . All ordinances which have become law shall immediately be deposited in the official archives of the Clerk of the Commission. The Clerk shall note on the face of the ordinance the date and time it has become law, and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The Clerk shall authenticate, by his signature, each ordinance which has become law. Except as otherwise provided in this Charter, the Clerk shall cause each ordinance which has become law to be recorded in full in a properly indexed official journal maintained for such purpose. Section 3.10. Codes of Technical Regulations . The Commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that the requirements for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations, as well as adopting ordinance; and a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Clerk. Copies of any adopted code of technical regulations shall be made available by the Clerk for distribution or for purchase at a reasonable price. Section 3.11. Publication of Ordinances; Prima Facie

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Evidence . The caption of every ordinance of a general or permanent nature shall be published in full within ten days after its becoming law in a newspaper or newspapers of general circulation published in Augusta-Richmond County. A record or entry made by the Clerk of Commission or a copy of such record or entry, duly certified by such Clerk, shall be prima facie evidence of the terms of the ordinance and its due publication. Section 3.12. Codification and Printing of Ordinance . The Commission shall, within three years of the effective date of this Charter, provided for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the Commission by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this Charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the Commission may specify. The compilation shall be known and cited officially as the Augusta-Richmond County Code. Copies of ordinances and Charter amendments shall be made available for purchase by the public at a reasonable price to be fixed by the Commission. Following publication of the first Augusta-Richmond County Code, and from time to time thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the code currently in effect, and shall be suitable in form for integration therein. Section 3.13. Clerk of Commission . The Commission shall establish an office of Clerk of Commission which shall consist of the Clerk, and such other employees as may be provided by the Commission. The Clerk shall be elected by a majority of the entire membership of the Commission and serve at the pleasure of the Commission. The Clerk of Commission shall be responsible for giving notice of Commission meetings, as provided by ordinance; keeping a journal of Commission proceedings; maintaining

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a current and comprehensive index of all ordinances and resolutions; and performing such other duties as may be assigned him by this Charter or by the Commission. Section 3.14. Commission Auditor and Budget Analyst . The Commission shall establish an office of Auditor and Budget Analyst which shall consist of the Auditor and Budget Analyst, and such other employees as may be provided by the Commission. The Auditor and Budget Analyst shall be elected by a majority of the entire membership of the Commission and serve at the pleasure of the Commission. The Auditor and Budget Analyst shall be responsible for conducting audits of all agencies, departments, bureaus, offices, and authorities receiving and expending public funds authorized by the Augusta-Richmond County Commission. The Auditor shall report his findings to the Commission. The Auditor and Budget Analyst shall examine the budget submitted to the Commission by the Mayor and shall make his recommendations to the Commission. He shall perform such other duties as assigned him by the Commission. Section 3.15. Independent Post Audit . The Commission shall provide for an annual independent audit of the accounts and financial transactions of the Unified Government in the manner prescribed elsewhere within this Charter. The audit shall be made by a certified public accountant, individual or firm, as defined under the laws governing the practices of public accountancy in Georgia, maintaining a full-time professional office in the State of Georgia. Section 3.16. Inquests Into Conduct of Departments, Officers and Other Branches of the Unified Government . The Commission shall have the power to conduct or cause to be conducted inquiries and investigations into the operations of any office, department or agency, or into the conduct of any officer or employee thereof, administering the affairs of the Unified Government. The Commission may bring charges against any appointed officer or employee including those in the merit service of the Unified Government, for lack of qualifications, incompetence, neglect of duty, gross misconduct in reference to

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his duties, or violations of the Code of Ethics provided elsewhere in this Charter. The charges shall be presented in writing to the appointing authority, and if he does not remove the accused, the Commission may order a public hearing thereon at which the accused official shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after the hearing, the accused be found guilty as charged, he may be suspended or dismissed from the service of the Unified Government by the affirmative vote of two-thirds of the membership of the Commission. The Commission shall have the power to designate one of its members who shall preside over all hearings and deliberations of the Commission in conducting such inquiries and investigations. All inquiries and investigations conducted by the Commission shall be open to the public. In connection with such inquiries and investigations, the Commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidences; take testimony; and require the production of evidence. Any subpoena shall be issued by the Clerk at the direction of the Commission. The Commission shall have the authority to adopt by ordinance provisions for the enforced compliance with its subpoenas under penalty for noncompliance with resort to the State Court. Section 3.17. Rights of Witnesses and Others . Any witnesses appearing before the Commission may be represented by counsel. Any person whose character shall have been impugned in the course of an inquiry or investigation by the Commission shall be given the opportunity to appear with or without counsel, to present evidence, to cross-examine witnesses, and to call witnesses of his own; and the Commission shall, upon application being made, exercise its subpoena power to compel the attendance of such persons and witnesses. Section 3.18. Proceedings of Inquests . The conduct of

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proceedings at such Commission inquiries and investigations shall be subject to such rules as the Commission may prescribe. ARTICLE IV The Mayor Section 4.01. Designation . The chief elected official of the Unified Government shall be known by the title of Mayor of Augusta-Richmond County. He shall be the chief executive and administrative official of the Unified Government. He shall be responsible for the conduct of the executive and administrative affairs of the Unified Government and for the faithful execution of the laws within its boundaries. Section 4.02. Term; Qualifications; Oath . The Mayor shall be elected at a general election for a term of four years and until his successor is elected and qualified. His term shall begin on the first Monday after the first day of January following his election. He shall have attained the age of 21 years at the beginning of his term. He shall be a qualified elector of the Unified Government and shall have been a resident within the boundaries of the Unified Government for a period of one year immediately preceding his election and shall continue to reside therein during the period of his service. Before entering upon the duties of his office, he shall take before a Judge of the Superior Court the following oath: I do solemnly swear or affirm that I will well and truly perform the duties of Mayor of Augusta-Richmond County and will to the best of my ability promote the general welfare in the common interest of the inhabitants of Augusta-Richmond County, enforce the ordinances and resolutions of the Unified Government and support and defend the Charter thereof as well as the Constitution of the State of Georgia and of the United States of America. So help me God. Section 4.03. Compensation . The annual salary of the Mayor shall be $25,000.00 unless increased or decreased by ordinance of Commission. No increase or decrease in the

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annual salary of the Mayor shall be effective until the date of the commencement of the term of the Mayor elected at the next regular election following such increase or decrease. Section 4.04. Vacancy in the Office of the Mayor . During the temporary absence or disability of the Mayor for any cause, the Mayor Pro Tem. shall exercise all the powers and discharge all the duties of the Mayor until such vacancy has been regularly filled or until the return of the Mayor or the removal of his disability. In the event of the absence or disability of both the Mayor and the Mayor Pro Tem. for any cause, the Commission shall designate one of its members to preside over its meetings and discharge the duties of Mayor until either the return of the Mayor or Mayor Pro Tem. or the removal of the disability of the Mayor or Mayor Pro Tem. Section 4.05. Powers and Duties of the Mayor . As the chief executive and administrative officer, the Mayor shall: (1) Be the official spokesman for the Unified Government and its chief advocate of policy and see that the ordinances, resolutions, and regulations of the Commission and laws of this State subject to the enforcement by him or by officers subject to his direction and supervision are faithfully executed and enforced; (2) Preside at all meetings of the Commission and have a voice in Commission proceedings; (3) Vote only in instances of a tie vote among the Commission and for such purposes shall be regarded a member of the Commission; (4) Except as is elsewhere provided, receive all ordinances, adopted and submitted by the Commission for his signature of assent or such other action as is herein authorized. Prior to the second succeeding, regularly scheduled meeting of the Commission following his receipt of the ordinance, he shall return the ordinance to the Clerk, with his signature of assent affixed thereto, or return the ordinance to the Commission, via the Clerk, with his written motion for the Commission's reconsideration; such motion

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to be accompanied by the Mayor's written Statement of reasons for his request for the reconsideration; (5) Execute deeds, bonds, contracts, and other instruments and documents on behalf of the Unified Government as required by the laws of the State of Georgia, this Charter, or ordinance of the Commission; (6) Submit to the Commission at least once a year a Statement covering the financial condition of the Unified Government and from time to time such other information as the Commission may request; (7) Recommend to the Commission such measures relative to the affairs of the Unified Government, the improvement of the government thereof, and the promotion of the welfare of its people as he may deem desirable; (8) Call special meetings of the Commission; (9) Submit to the Commission the recommended annual operating budget and the recommended capital budget; (10) Examine and inspect the books, records and official papers of any department, authority, board, commission, office, or agency of the Unified Government when he deems it necessary; (11) Require any department, authority, board, commission, office or agency of the Unified Government to submit written reports in connection with the affairs thereof whenever he deems it desirable; (12) Administer and implement all capital improvements and public works projects authorized by ordinance; (13) Require reconsideration of ordinances passed by the Commission as provided elsewhere in this Charter; (14) Subject to confirmation by a majority of the entire membership of the Commission, appoint and remove:

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(a) All permanent and acting officers and heads of departments who are subject to the Mayor's supervision and direction except where otherwise provided in this Charter; (b) All permanent and acting members of authorities, boards, and commissions except when other methods of appointment and removal are provided by this Charter. (15) Promptly submit an additional nomination to the Commission in the event the Commission fails to approve the person first nominated by the Mayor; (16) Represent the Unified Government in its intergovernmental relations, particularly where questions of public policy are at issue; (17) Perform such other duties as may be required by the law, this Charter, ordinances, or resolution. Section 4.06. Limitation on Terms of Service; Other Elected Office . Any Mayor who is elected for two consecutive four-year terms shall not be eligible to be elected for the succeeding term. During his term of office, the Mayor shall not hold any other elective public office or any appointive position of employment within the Unified Government. Section 4.07. Mayor Pro Tem, Powers and Duties . During the absence or disability of the Mayor for any cause, the Mayor Pro Tem. shall exercise all the powers and discharge all the duties of the Mayor until such vacancy has been regularly filled or until the return of the Mayor or removal of his disability. The annual salary of the Mayor Pro Tem. shall be that of a Commissioner plus an additional $500.00 per year unless changed by ordinance of the Commission. Section 4.08. Term; Qualifications . The Mayor Pro Tem. shall be an elected member of the Commission and shall be elected by a majority vote of the Commission. The Commission shall at its first meeting which is conducted in each calendar year select the Mayor Pro Tem. to serve as such for the ensuing calendar year.

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ARTICLE V The Administrator Section 5.01. Appointment . The Mayor shall nominate and, subject to confirmation by a majority vote of the entire membership of the Commission, appoint an Administrator. The Administrator need not be a resident of the area encompassed by the Unified Government or of the State of Georgia at the time of his appointment, but residence in the Unified Government must be acquired within three months thereafter and thereafter retained during the term of his appointment. He shall receive such compensation as fixed by ordinance of the Commission. Section 5.02. Tenure; Removal from Office . The Administrator shall be appointed for a term of two years, and he shall hold such office for such term and until he is reappointed or his successor has been appointed. Within three months following the date of expiration of such term of appointment, the Mayor shall submit to the Commission his recommendation for the office of Administrator. The Administrator so employed shall not be under tenure and is expressly excluded from any existing or future tenure act relating to any employees of the City of Augusta or Richmond County, Georgia, or the employees of this Unified Government. The Administrator may be removed from office by the Mayor with the consent of a majority of the entire membership of the Commission or by the Commission on its own initiative by a vote of not less than three-fourths of its entire membership; but in either case not until at least thirty days after the Administrator shall have been served with written notice setting forth the grounds for such removal and after the Administrator shall have been afforded an opportunity to be heard by the Commission. Section 5.03. Vacancies . Vacancies in the office of the Administrator shall be filled by the same procedure as that

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prescribed for original appointment, except such appointment shall be for the unexpired term. Section 5.04. Powers and Duties of the Administrator . The Administrator under and subject to the direction of the Mayor shall: (1) Exercise supervision over all activities of those departments and agencies for which the Mayor is responsible, including the authorities, boards, and commissions by whatever name known connected with such departments and be the liaison officer between the Mayor and such departments, authorities, boards, commissions, and agencies; (2) Prepare and submit to the Mayor the annual operating and capital budget; (3) Prepare and maintain financial plans for the Unified Government; (4) Make periodic reports, with such recommendations as he deems appropriate, to the Mayor concerning the affairs of the Unified Government and particularly of those departments under the Mayor's jurisdiction and the authorities, boards, and commissions connected with such departments; (5) Hold meetings of the heads of those departments over which the Mayor has authority, and any other officers of the Unified Government; (6) Confer with, advise and assist all elected or appointed officials of the Unified Government who are not under the immediate control of the Mayor or the Commission, but who receive financial appropriations from the Commission; (7) Examine regularly at periods fixed by the Mayor the accounts, records, and operations of every department, authority, board, commission, office, or agency which receives financial appropriations from the Commission; he shall make regular monthly reports to the Mayor on the fiscal affairs of the Unified Government; and he shall keep the

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Mayor fully advised on the financial condition and future needs of the Unified Government; (8) Submit to the Mayor at the end of each fiscal year a complete report on the finances and administrative activities of the Unified Government for the preceding year; (9) Perform such other duties as the Mayor may prescribe from time to time provided, however, the Mayor may not prescribe duties that are in excess of the duties conferred upon the Mayor. ARTICLE VI Department Heads Section 6.01. Heads of Departments Subject to Mayor's Supervision . Each department created in this Charter hereinafter shall have a head who shall exercise the powers and perform the duties vested in and imposed upon the department. Each department head shall be subject to the Mayor's supervision and direction. The department heads shall be as follows: (1) Head of Department of Public Services (2) Head of Department of Transportation (3) Head of Department of Public Safety (4) Head of Department of Finance (5) Head of Department of Central Services (6) Head of Department of Urban Affairs (7) Head of Department of Public Works (8) Head of Department of Health (9) Head of Department of Community Resources (10) Head of Department of Law (11) Head of Department of Aviation. This Commission may establish and provide for other departments

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or alter the above departments as described in Article VII or add new departments. Section 6.02. Qualifications and Residence . Each department head shall be appointed by the Mayor with the approval of the majority of the entire Commission. The department head may be a nonresident of the area encompassed by the Unified Government at the time of his appointment, but he must become a resident within the area of the Unified Government within three months following such an appointment and maintain such residence during the term of appointment. Each department head established in this Charter shall be appointed solely on the basis of his executive, administrative, and professional qualifications and shall have administrative, executive, and professional experience in public service, private industry or business, or private professional service. Section 6.03. Appointment and Removal . (1) Appointment. Each Department Head shall be appointed by the Mayor with the approval of the majority of the entire membership of the Commission. The department head so employed shall not be under tenure and is expressly excluded from any existing or future tenure act relating to any employees of the City of Augusta or Richmond County, Georgia, or the employees of this Unified Government. (2) Removal. All permanent and acting officers and heads of departments who are subject to the Mayor's supervision and direction may be removed by the Mayor with the consent of a majority of the entire membership of the Commission, or by the Commission on its own initiative by a vote of not less than three-fourths of its entire membership; but in either case not until at least thirty (30) days after the department head shall have been served with written notice setting forth the grounds for such removal and after the

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department head shall have been afforded an opporunity to be heard by the Commission. (3) Compensation. All appointive officers and department heads shall receive such compensation as shall be determined by the Commission and fixed by ordinance. ARTICLE VII Functions and Services Section 7.01. Duties and Division, General . The divisions of each department of the Unified Government shall be responsible for performing the duties hereinafter prescribed and such other duties as may be prescribed by ordinance. Section 7.02. Department of Public Services . The Department of Public Services shall include the Divisions of Parks and Recreation, Libraries and Museums, Cemeteries, and such other divisions as the Commission may establish. (1) The Division of Parks and Recreation shall be responsible for providing and maintaining recreation activities, parks, facilities, and programs of beautification throughout Augusta-Richmond County. The Division shall be responsible for: (a) Operating and maintaining all recreational facilities owned or operated by the Unified Government, including the Municipal Golf Course and Municipal Auditorium; (b) Instituting and conducting a comprehensive and co-ordinated program of cultural and physical recreation activities for all age groups throughout the territory of the Unified Government; and (c) Providing necessary groundskeeping and horticultural functions to insure the continued beautification of publicly owned parks and vegetation and to improve aesthetic conditions generally.

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(2) The Division of Libraries and Museums shall be responsible for the operation of all public libraries and museums owned and operated by the Unified Government. (3) The Division of Cemeteries shall be responsible for operation and maintenance of Magnolia, Cedar Grove, and West View Cemeteries, in order to maintain charity burials and perform perpetual care and all other functions as may be required or permitted by contract or ordinance. Section 7.03. Department of Transportation . The Department of Transportation shall include the Division of Aviation, Ports, and Mass Transit and be generally responsible for the management, operation, and maintenance of all public ground, water, air, rail, motor, vehicular, and subway transportation within the territory of Augusta-Richmond County, and such other divisions as the Commission may establish. (1) The Division of Aviation shall be under the operational control of the Augusta-Richmond County Aviation Commission, which is the redesignated name of the Augusta Aviation Commission. The Division shall have the same authorities, powers, functions, and duties heretofore prescribed for the Augusta Aviation Commission until such time as otherwise provided by the Commission of the Unified Government. The Division shall be responsible for the maintenance and operation of Bush Field and Daniel Field, including the administration of tenant leases and agreements, rents, fees, and charges. The Division shall be responsible for all other functions and duties as the Commission may, by resolution or ordinance, prescribe. (2) The Augusta Port Authority shall initially constitute the Division of Ports, and the laws pertinent thereto shall continue unaffected by the adoption of this Charter; provided, however, relationship heretofore existing between said Authority and the City of Augusta (or the City Council of Augusta) shall henceforth exist and obtain between said Authority and the Unified Government, and all of the rights, powers, privileges, duties, functions, and obligations heretofore

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vested in the City of Augusta (or the City Council of Augusta) are vested in and shall be held, exercised, enjoyed, and performed by the Unified Government. (3) The Division of Mass Transit. The Augusta-Richmond County Transportation Authority, created by an Act of the General Assembly (Ga. L. 1970, p. 3208 et. seq.), shall initially constitute the Division of Mass Transit and shall be responsible for the performance of functions, powers, and duties as prescribed in said Act. In addition, the Division will be responsible for the preparation and implementation of plans and procedures whereby the Unified Government may, at the discretion of the Commission, effect programs of common transportation for citizens of the Unified Government. The Division shall be responsible for directing and supervising such programs upon their initiation, including the recommendation for and administration of any and all franchises for transportation services, and annual recommendations to the Commission for alteration of such services. Section 7.04. Department of Public Safety . The Department of Public Safety shall include the Divisions of Fire, Civil Defense, Animal Control, Rehabilitation and Detention, Traffic Engineering and Parking, Electrical Works and such other divisions as the Commission may establish. (1) Division of Fire. The Division of Fire shall be responsible for the provision of fire prevention, fire protection, fire safety, and other such services and functions within the Urban Services Districts as are now provided within the City of Augusta or as may be required by ordinance. The initial services of the Division of Fire shall be limited to the Urban Services District. Fire protection services provided within the General Services District and Limited Service District outside the Urban Services Districts by independent, private concerns may be continued without interruption resulting from the adoption of this Charter; however, such services may be provided by the Unified Government upon discontinuance of any portion or all of such fire protection services by said

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independent agencies. Provision of fire services in such areas, wherein there has been a discontinuance by independent or private concerns, must, however, be consistent with Service Districts as elsewhere provided in this Charter. (2) The Division of Civil Defense shall be responsible for all matters pertaining to civil defense. (3) The Division of Animal Control shall be responsible for collecting and housing stray animals within the territory of the Unified Government and establishing and maintaining facilities for the housing of such animals. (4) The Division of Rehabilitation and Detention shall be responsible for housing and rehabilitating all prisoners under the jurisdiction of the Unified Government or assigned to the Unified Government by the Georgia State Department of Corrections. Such responsibility shall not include those prisoners under the jurisdiction of the Chief Law Enforcement Official. The Division shall perform such other rehabilitation and detention functions as required by ordinance. (5) The Division of Traffic Engineering and Parking shall be responsible for performing all functions involving planning and designing for safe and effective routing and control of traffic within the Unified Government. These functions include: maintaining traffic accident records; proposing changes in traffic control procedures; establishing and maintaining parking facilities; and conducting and maintaining traffic related studies as requested by the Commission or the Mayor of the Unified Government. (6) The Division of Electrical Works shall be responsible for installing and maintaining traffic control signals and such other electrical works as shall be deemed necessary by the Head of the Public Safety Department. Section 7.05. Department of Finance . The Department of Finance shall include the Divisions of Accounting and Financial Reporting, Revenue Assessment, Revenue Collection,

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Data Processing, and such other divisions as the Commission may establish. The Head of the Finance Department shall be responsible for keeping the Administrator and Mayor of the Unified Government informed of the continuing financial status of the Unified Government. (1) The Division of Accounting and Financial Reporting shall be responsible for the maintenance of a general financial accounting and reporting system for the Unified Government, including making inventories of assets; planning and controlling costs of construction projects and facilities in use; analyzing the Unified Government's needs and priorities; determining alternative sources and methods of financing; preparing and submitting Statements of expenditures, revenues, and cash transactions; making annual financial reports; and assisting in the preparation of the annual operating and capital budgets. (2) The Division of Revenue Assessment. The County Board of Tax Assessors for Richmond County created and established pursuant to statute, as of the date this Charter becomes effective, shall constitute the Division of Revenue Assessment which shall have the same powers, authorities, and duties as those granted and designated to the County Board of Tax Assessors of Richmond County. The members of the Board of Tax Assessors of the Division of Revenue Assessment shall be appointed by the Mayor, with advice and consent of the majority of the entire Commission, and shall consist of one member from each of the six legislative districts of the Georgia House of Representatives located entirety within the boundaries of Richmond County. The term of office of each member shall be four years. Those members serving on the County Board of Tax Assessors for Richmond County at the time this Charter becomes effective shall continue to serve the remainder of their respective terms as members of the Division of Revenue Assessment. In case of a vacancy on the Board of Tax Assessors at any time, and for whatever cause, the vacancy shall be filled and the appointment shall be made in the same manner as herein provided for the appointment of the members of this Board. The members

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of this Board may be removed by the appointing authority only for cause, or for the failure to perform their duties. A Chief Tax Appraiser shall be employed by the members of the Board of Tax Assessors, subject to the approval of the Commission, for a two-year term. The Chief Tax Appraiser so employed shall not be under tenure and is expressly excluded from any existing or future tenure act relating to any employees of the City of Augusta or Richmond County, Georgia, or the employees of this Unified Government. The Chief Tax Appraiser may be removed by the Board of Tax Assessors, but such action shall be subject to the approval of the Commission. (3) The Division of Revenue Collection shall be responsible for collecting and receiving all current and delinquent revenues, incomes and other monies due the Unified Government, except as elsewhere provided within this Charter. (4) The Data Processing Division shall be responsible for furnishing data processing services to the Unified Government, systems design and analysis, forms design and preparation, computer programming, data preparation, records storage and retrieval systems, and long-rang planning of applications, and for operating all electrical computer and data processing equipment owned by the Unified Government. Section 7.06. Department of Central Services . The Department of Central Services shall consist of the Division of Personnel, Purchasing and Property Control, Motor Pool and Equipment Maintenance, and Central Services. (1) The Division of Personnel shall be responsible for administering a Personnel System for the Unified Government, based on merit system principles, as established elsewhere within this Charter. (2) The Division of Purchasing and Property Control shall be responsible for administering a system of centralized purchasing and a system of property control for the Unified Government. The procedures, which shall be prescribed by ordinance of the Commission, shall be designed to obtain

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the greatest economic value and savings to the Unified Government in the procurement and control of all necessary and appropriate supplies, materials, equipment and other personal property, contractual services, and insurance and surety bonds. The division shall perform such other functions as may be required by ordinance. (3) The Division of General Services Administration shall be responsible for records management, centralized printing and duplicating services, centralized mail services, and custodial and janitorial services. (4) The Division of Motor Pool and Equipment Maintenance shall be responsible for directing the maintenance and disposal of all motor equipment owned by the Unified Government, except as otherwise provided by the Commission; preparing the purchase specifications for all motor equipment purchased; initiating and maintaining procedures for fleet vehicle and motor pool operations; establishing standards of maintenance; and maintaining garage facilities. Section 7.07. Department of Urban Affairs . The Department of Urban Affairs shall include the Division of Planning, Urban Renewal, Building and Zoning Inspection, Public Housing, and such other divisions as the Commission may establish. (1) The Division of Planning. The Augusta-Richmond County Planning Commission shall constitute the Division of Planning and shall be responsible for the performance of the functions, powers, and duties which either the Municipal Planning Commission, the County Planning Commission, or the Municipal County Planning Commission now, or may hereafter be, authorized or required to exercise. In addition to all other powers and duties herein conferred, the Division of Planning shall furnish the Head of the Department of Finance with such information and data as shall be necessary for preparation of the capital budget and capital improvements program; and coordinate, on behalf of the Unified Government, all regional planning and development activities of the Central Savannah River Area Planning and

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Development Commission and the Augusta-North Augusta Metropolitan Council of Governments, as well as all other regional planning and development activities. (2) The Division of Urban Renewal shall be responsible for formulating and effecting programs utilizing appropriate public and private resources to eliminate or prevent the development or spread of slums, to provide for redevelopment of slum areas, or to undertake other activities and functions which may aid to achieve the objectives of a program for community improvement, subject to approval by ordinance of the Commission. Subject to the provisions of this Charter and ordinance of the Commission, the Division is hereby vested with all other functions, powers and duties as set forth by an Act of the General Assembly approved March 3, 1955 (Ga. L. 1955, p. 354 et. seq.) as amended, known as the Urban Redevelopment Law; except, as used in said Act, the term municipality shall be construed to include Augusta-Richmond County, and the term local governing body shall be construed to include the Commission of Augusta-Richmond County. Every act of The City Council of Augusta heretofore done or performed under the Redevelopment Law (Ga. L. 1945, p. 157), or the Urban Redevelopment Law (Ga. L. 1955, p. 354) or laws amendatory thereof, or under any State or Federal law relating to the subject matters thereof, are affirmed, ratified, and adopted as the act of the Unified Government and are continued in unimpaired force and effect to the same extent and in the same manner as though performed, committed, and adopted by the Unified Government in their inception as if The City Council of Augusta had continued to exist and function as a separate political entity and nothing herein contained shall impair or otherwise affect any cooperative agreement or other obligations entered into or undertaken by the City Council of Augusta. Any and all agreements, contracts, and obligations made by the City Council of Augusta pursuant to said laws are approved, ratified, and adopted as the act and obligations of the Unified Government to the same extent and in the same manner as though made, done, and performed initially by the Unified Government; including, without limiting the generality of

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the foregoing, all bonds or notes or other monetary commitments issued or made and including any and all agreements made with the Federal Government, or any agencies thereof, pertaining in any way to the Urban Redevelopment functions of the City Council of Augusta. (3) The Division of Building and Zoning Inspections shall be responsible for the enforcement of building, plumbing, electrical, heating, air conditioning, zoning, and minimum housing codes adopted by the Commission, the issuance of construction permits, and inspection of premises. (4) The Division of Public Housing. The Housing Authority of the City of Augusta shall constitute the Division of Public Housing and shall be responsible for the performance of the functions, powers, and duties which either municipal housing authorities or county housing authorities are now, or may hereafter be, authorized or required to exercise, as set forth in an Act of the General Assembly (Ga. L. 1937, p. 210, et. seq.), as amended. Notwithstanding any other provision of this Charter to the contrary, the existence, powers, and operation of the Housing Authority of the City of Augusta shall remain as presently or hereafter set forth in the aforesaid Act of 1937 of the General Assembly, and the Commission is hereby vested with all the functions, powers, and duties which governing authorities of municipalities for counties are now, or may hereafter be, authorized or required to execute under the provisions of said Act of 1937, as amended. Section 7.08. Department of Public Works . The Department of Public Works shall consist of the Divisions of Engineering, Sanitation, Water and Sewer Services, Public Lands and Buildings Maintenance, Streets, and Highways, and such other divisions as the Commission may establish. (1) The Division of Engineering shall provide Engineering Services to all departments of the Unified Government. Such services shall include surveying, mapping, general municipal engineering, inspection, monitoring of engineering

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contracts, and other services that may be required by ordinance or resolution. (2) The Division of Sanitation shall be responsible for the collection and disposal of all solid wastes within the Urban Services Districts as are now provided within the City of Augusta or as may be required by ordinance or resolution. The initial services of the Division of Sanitation shall be limited to the Urban Services District. (3) The Division of Water and Sewer Services shall be responsible for the treatment and distribution of water, the collection and treatment of sewerage, the billing for such services, the construction of water and sanitary sewerage facilities, and other services that may be required by ordinance or resolution. (4) The Division of Streets and Highways shall be responsible for the construction, paving, maintenance, and cleaning of highways, roads, streets, alleys, sidewalks, and bridges, as well as viaducts, storm sewers, and drains incidental thereto, and other services that may be required by ordinance or resolution. (5) The Division of Public Lands and Buildings Maintenance shall be responsible for the maintenance of the Augusta Canal and all public buildings and public lands, excluding recreational areas and public streets, except parkways; and other physical areas of the Unified Government which require maintenance and care. Section 7.09. Department of Health . The Department of Health shall include the Division of Environmental Improvement, Health Services, Alcohol and Drug Abuse, and such other divisions as the Commission may establish. All duties, powers, or functions arising from the activities of the Unified Government and operations of the Richmond County Department of Health and the Richmond County Department of Family and Children Services shall be coordinated and administered by this department.

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(1) The Division of Health Services shall be responsible for providing general medical and nursing services, as required, to all persons incarcerated within facilities of detention or confinement owned or operated by the Unified Government, including care of the sick and injured, physical examinations, professional advice and counsel in psychological examinations and hearings, and for determining and supervising the provision of ancillary medical services. In addition, the Division shall perform necessary medical services for the Shiloh Orphanage, including physical examination and proper immunization of all orphans thereat; conduct physical examinations necessary in cases of alleged rape and relate the findings of such examinations in courts of law, as required; and establish standards and procedures for the maintenance of proper hygiene at all facilities of incarceration owned or operated by the Unified Government, including a monthly inspection of all such facilities. (2) The Division of Alcohol and Drug Abuse shall be responsible for developing and maintaining programs directed at reducing the misuse of alcohol and drugs in Augusta-Richmond County. It shall offer training to the members of the Board of Education and other public officers and employees; cooperate with other governments and local interest groups; and conduct research and compile data necessary for effectively controlling and preventing alcohol and drug abuse in Augusta-Richmond County. (3) The Division of Environmental Improvement shall be responsible for developing and maintaining programs of environmental improvement in Augusta-Richmond County. It shall establish standards and solutions for water pollution control, air pollution control, noise abatement and control, and solid waste control. It shall further concern itself with the aesthetics of public lands management, the use of outdoor visual designs, the coordination of intergovernmental efforts, and public education. Section 7.10. Department of Community Resources . The Department of Community Resources shall initially include the Manpower Development Division, Community Relations

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Division, Social Service Division, and Family and Children Services Division. (1) The Manpower Development Division shall be responsible for procuring and disbursing available Federal, State, and local monies to all local Manpower Development Programs for the Unified Government. This division shall perform such other functions and duties as may be required by the Unified Government. (2) The Community Relations Division shall be responsible for the development of programs that will promote better race relations within the Unified Government. More specifically, it: (a) Shall be responsible for maintaining and evaluating Manpower Programs under the auspices of the Unified Government; and (b) Shall be responsible for maintaining the Unified Government Fair Employment Policy. The Division shall make recommendations to the Unified Government which it feels will enhance better relations among various groups within the Unified Government. It shall also perform such other functions and duties as may be required by ordinance. (3) The Social Service Division shall be responsible for developing programs that will improve the quality of life for all citizens in the Unified Government. (a) The Division shall be responsible for developing programs that will improve services to the youths and older citizens of the Unified Government. (b) It shall be responsible for formulating and carrying out workable programs to improve the quality of life for every citizen of the Unified Government. (4) The Department of Family and Children Services Division for Children and Youth. The Richmond County

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Department of Family and Children Services (including the Division for Children and Youth) of Richmond County, established under the General Laws of the State of Georgia and the laws applicable or pertaining thereto, shall be in no way affected by the adoption of this Charter, except that the relationship and status heretofore existing between said Department and Division and Richmond County shall henceforth exist between said Department and Division and the Unified Government created by this Charter. The Unified Government shall have and exercise all of the powers, privileges, functions, duties, and obligations heretofore imposed upon, vested in, and exercised by Richmond County under said laws pertaining to said Department and Division. Section 7.11. Department of Law . All legal services, of whatever nature, performed for the Unified Government, and for all boards, authorities, commissions and agencies (with the exception of the Board of Education and all authorities created pursuant to general laws of the State of Georgia) who submit annual budgets to the Unified Government Commissioners and who are funded by the tax revenue levied by the Unified Government, shall be performed by, or be under the direction and control of the Department of Law. The Department of Law shall: (1) Furnish legal advice to the Mayor, to the Unified Government Commission and to all offices, departments, boards, authorities and commissions concerning any matters arising in connection with the exercise of their official powers or performance of their official duties; (2) Represent the Unified Government in all litigation wherein either it or its departments or agencies are involved; (3) Collect by suit or otherwise all claims, debts, taxes, and accounts due the Unified Government which shall be placed with it for collection by any officer, department, board or commission;

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(4) Prepare or approve all contracts, bonds, deeds, leases or other instruments in writing in which the Unified Govern-is concerned; (5) Prepare or assist in preparing for introduction any proposed ordinance, resolution or legislation upon the request of the Mayor or any member of the Unified Government Commission; (6) Codify and cause to be published in convenient book form once in every five (5) years all the general ordinances of the Unified Government which are still in effect, with compilation and publication annually of a supplement thereto. The first general codification shall be published within one (1) year after this Charter becomes effective, unless the Unified Government Commission by resolution shall extend the time therefor; (7) Perform such other duties as may be assigned to it by ordinance or resolution of the Unified Government Commission. The Department of Law shall be under the direction and control of the Attorney for Augusta-Richmond County. The Attorney shall be appointed, subject to removal, and shall bear the same qualifications and residence requirements as provided elsewhere in this Charter for other department heads of the Unified Government. In addition to these qualifications, he shall be an active member of the State Bar of Georgia in good standing, and he shall have at least three (3) years' experience in the active practice of law. He shall devote his entire time to the duties of his office, and he shall not engage in the practice of law otherwise. The Unified Government Commission, as it may deem necessary to the performance of the duties and functions of the Department of Law, shall provide that Department with office facilities, clerical and administrative personnel, and attorneys to assist the Attorney of Augusta-Richmond County. Such assistant attorney shall be active members of the State Bar of Georgia in good standing and shall devote their entire time to the duties of assistant attorney in the Department of Law and not engage in the practice of law otherwise.

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All the personnel of the Department of Law, excepting the Attorney for Augusta-Richmond County, shall be employed in accordance with and be covered by the Unified Government Merit System and enjoy the same tenure and employee rights and benefits. ARTICLE VIII Boards, Commissions, Authorities and Agencies Section 8.01. Status of Boards, Commissions, Authorities and Agencies . Notwithstanding anything in this Charter to the contrary, all Boards, Commissions, Authorities, and Agencies established under the general laws of the State of Georgia, shall continue their operations without interruption and shall not lose any of their rights, powers, privileges, duties, functions, and/or obligations as a result of the adoption of this Charter, and shall be in no way affected by the adoption of this Charter, except that the relationship and status heretofore existing between said Boards, Commissions, Authorities and Agencies and Richmond County or the City of Augusta shall henceforth exist between said Boards, Commissions, Authorities and Agencies and the Unified Government created by this Charter. In regard to such Boards, Commissions, Authorities and Agencies, the Unified Government shall have and exercise all of the powers, privileges, functions, duties and obligations heretofore imposed upon, vested in, and exercised by Richmond County or the City of Augusta under said general laws pertaining to said Boards, Commissions, Authorities and Agencies. All Boards, Commissions, Authorities, and Agencies created by an Act of the General Assembly applying specifically to Richmond County or the City of Augusta, or established by ordinance of the City of Augusta or by Resolution of Richmond County shall continue their operations without interruption and shall not lose any of their rights, powers, privileges, duties, functions and/or obligations as a result of the adoption of this Charter; however, subsequent to the effective date of this Charter, the Commission of the Unified Government shall have the power and authority by ordinance

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to continue, reconstitute or abolish any such Boards, Commissions, Authorities, Agencies; provide for the appointments to such Boards, Commissions, Authorities, and Agencies; and establish qualifications and terms of such memberships, together with the powers, duties and functions of such Boards, Authorities, Commissions and Agencies. All Boards, Commissions, Authorities, and Agencies currently designated as Boards, Commissions, Authorities, or Agencies of Augusta or as Boards, Commissions, Authorities or Agencies of Richmond County by the Commission of the Unified Government, and the references to the governing body and provisions made in current enabling legislation are hereby changed and amended, wherever appropriate, so as to refer instead to the Unified Government of Augusta-Richmond County, and/or the Mayor of the Unified Government of Augusta-Richmond County, and/or the Commission of the Unified Government of Augusta-Richmond County, and to incorporate the provisions of this section. ARTICLE IX Services and Taxing Districts Section 9.01. General, Urban, and Limited Services Districts . In the area governed by the Unified Government there shall be: (1) A General Services District which shall consist of the total area of Augusta-Richmond County as is established by this Charter or later established by law; (2) An Urban Services District as is established by this Charter or later established by law; (3) Such Limited Services Districts as may be created under the provisions made therefor in this Charter or later established by law. Section 9.02. Functions Within the General Services District; Urban Services Districts; Limited Services Districts . (1) The General Services District shall consist of the entire

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area of Richmond County, wherein the Unified Government may exercise those rights and powers, perform those functions, and furnish those services which previously have been possessed, exercised, performed and furnished by the City Council of Augusta or by Richmond County, or both. It shall supply the residents of such General Services District with those services which are now, or hereinafter may be, furnished customarily by a county government in a county-wide area. (2) The Urban Services Districts shall consist of those areas now being furnished the municipal type services, as are now being furnished by the City Council of Augusta. In such districts the Unified Government may exercise those rights, powers and functions and furnish those services which previously have been possessed, exercised or furnished by the City of Augusta or Richmond County, or both, and shall supply the residents of the Urban Services District with those services which are now, or later may be, furnished customarily by a municipal corporation within the corporate limits of a municipality. The entire area encompassed within the corporate limits of the City Council of Augusta, as the same existed at the time this Charter became effective, is hereby constituted the initial Urban Services District. (3) The Limited Services Districts shall consist of those areas outside the Urban Services Districts which The Unified Government may by ordinance create and define for the purpose of furnishing or performing one or more of such services as are furnished within the Urban Services Districts. Section 9.03. Establishment of Limited Services Districts . When the Commission finds that any area outside of an Urban Services District requires or is being furnished a higher level of services than those provided in the General Services District, it may adopt an ordinance which shall contain the following: (1) A Statement of the findings;

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(2) A delineation of the area to which such findings apply; and (3) A specification of the additional functions and services required by such area. The area described in the ordinance may consist of parts which are not contiguous. The additional functions and services shall be limited to such additional or higher levels of services, or some portion or degree thereof, furnished in Urban Services Districts. Upon the adoption of the ordinance, the area described therein shall be constituted a Limited Services District with the purposes, functions, and services specified in the ordinance. Section 9.03.1. Special Service Districts . Each special service district within Richmond County, including fire districts, lighting districts and any other special service district in existence on the effective date of this Charter shall continue in existence and the services provided therein shall continue to be provided until the electors within such districts shall decide otherwise. Section 9.04. Removing Territory From Urban Services Districts . Whenever the Commission finds that a particular area within an Urban Services District no longer requires the services provided in the area, the Commission may adopt an ordinance reciting its findings and setting out the boundaries of the area to which the findings apply. Upon the adoption of the ordinance, the area described therein shall cease to be a part of the Urban Services District. Section 9.05. Reclassifying Limited and Urban Services Districts . Whenever the Commission finds that an area within the Limited Services District requires the additional services available in Urban Services Districts, it may adopt an ordinance reciting its findings, setting out the boundaries of the area to which the findings apply, and specifying that the area described should become an Urban Services District. Whenever the Commission finds that an Urban Services

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District or a portion thereof requires and receives only the services available in a Limited Services District, the Commission may adopt an ordinance reciting its findings, setting out the boundaries of the area to which the findings apply, and specifying that the area should be reclassified as a Limited Services Area. Upon the adoption of the ordinance, the area described therein shall be classified as a Limited Services Area. Section 9.06. Change in Level of Services in Limited Services District . Whenever the Commission finds that a Limited Services Area requires a different level of services than that specified by the ordinance of the Commission creating such Limited Services Areas, it may adopt an ordinance reciting its findings and specifying the level or levels or services which the area shall receive. Section 9.07. Procedure for Altering Urban and Limited Services Districts . The Urban Services Districts and Limited Services Districts of the Unified Government, as are authorized by this Charter, may be abolished, created, expanded, merged, consolidated, altered, or reduced only by ordinance duly adopted by the Commission under such general rules, procedures, regulations, requirements, and specifications as established by the Commission; provided, however, no new Urban or Limited Services Districts may be abolished, created, expanded, merged, consolidated, altered, or reduced without providing an opportunity for citizens of Augusta-Richmond County to be heard thereon. A notice of a public hearing on the proposed abolition, creation, expansion, merger, consolidation, alteration, or reduction of an Urban Services District or Limited Services District shall be published in one or more newspapers of general circulation in Augusta-Richmond County once each week for at least four successive weeks immediately prior to the announced date of the public hearing with at least six (6) days interval between the publication of the notices. Such rules and regulations shall set forth: (1) The manner and method for abolishing, creating, expanding, merging, consolidating, altering, or reducing Urban and Limited Services Districts;

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(2) Requirements for defining functions and policies for rendering services; (3) Methods of changing levels of services within existing Services Districts; (4) Methods of transferring territory from one such Services District to another; and (5) Requirements for defining boundaries of such Services Districts. Section 9.08. Revenue to Defray Cost of Rendering Services . The General Services District, Urban and Limited Services Districts, are hereby constituted tax districts wherein the Commission shall have the power and authority to assess, levy, and collect taxes, also to fix and collect fees and charges, for the purpose of deriving the revenue essential and necessary to pay the costs of furnishing the services in these districts, including the cost of capital outlays essential and necessary to furnishing these services. The burden of such taxes as are levied under this authority shall be placed as far as is reasonable and possible in accordance with the type, degree, and level of services rendered, and upon the beneficiaries of such services. No such levy of tax, fee or charge shall be made which will subject any person to any tax or charge for any service not made available to the person. All the taxes and other charges assessed, levied, and collected within the Urban Services Districts for services of the municipal type and furnished therein shall be uniform, and may be in addition to the General Services District taxes. The taxes and charges assessed, levied, and collected within the Limited Services Districts may vary throughout the Unified Government area in accordance with the cost of furnishing the services in those districts, and they may be in addition to the General Services District taxes. As shall become necessary and essential to furnishing services in the Urban and Limited Services Districts, the Commissioners shall have the power and authority to borrow money and enter into contracts of indebtedness and in security thereof, as is permitted by law. The burden of repayment

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of such indebtedness may be placed upon the district wherein the related service is furnished, or the revenue anticipated from charges for the use of such services in the particular district. Section 9.09. Tort Liability in General, Urban and Limited Services Districts . The Tort Liability of Augusta-Richmond County in Urban Services Districts shall be that of a municipality, and in the Limited Services Districts and the General Services Districts, excluding that portion constituting the Urban Services Districts, the Tort Liability of Augusta-Richmond County shall be that applicable to counties. Section 9.10. Conflict of Laws . For all purposes of the General Law, the Unified Government shall constitute both a municipality and a county. If the General Law applicable to municipalities and counties is in conflict, the Urban Services Districts shall be considered to be a municipality, and the Limited Services Districts and the General Services Districts, excluding that portion constituting the Urban Services Districts, shall be considered to be a county. Section 9.11. Additional Functions and Services . Nothing in this Article shall be deemed to limit the power of the Unified Government to exercise, furnish or provide other functions and services in either the Urban Services District, the General Services District, or any Limited Services Districts, including but not limited to a revitalized downtown development program of services and functions. ARTICLE X Unified Government Personnel and Pensions Section 10.01. Employment Policy . It shall be the policy of the Unified Government that employment, promotion, demotion, transfer, dismissal, or other disciplinary action, and uniform rates of compensation, with respect to employees in the merit service, shall be on the basis of merit and qualification, without discrimination as to race, color, religion, political affiliation, sex, or national origin. The

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above will be adhered to in order to achieve effective, efficient, and fair conduct of the public business. Section 10.02. Merit Commission . The Unified Government shall accomplish and administer the policy of the Unified Government, relative to its employees, through its Merit Commission. One elector from each Unified Government Commission representative district shall constitute this Merit Commission. Section 10.03. Members of Merit Commission; Qualifications; Appointment to Membership; Term of Office; Compensation; Removal; Filling Vacancies . To qualify for membership in this Merit Commission, a person must be an elector of the Unified Government area. At the time of his appointment, he shall have resided in the district he is to represent for a period of no less than one (1) year immediately preceding his appointment. No person holding a membership in this Commission shall during the term of such membership hold any other public office or position of employment under the Unified Government. Any member of this Merit Commission who removes his residence from the district from which appointed shall thereby forfeit and vacate his membership immediately; any other provision in this Article notwithstanding. Appointments to this Merit Commission shall be made by the Mayor with the advice and consent of the majority of the entire membership of the Unified Government Commission. In making appointments to this Merit Commission the Mayor shall be guided by the intent that all segments of the citizens of the Unified Government area shall be represented in this Merit Commission, as far as is reasonably possible. The term of office of each member of this Merit Commission shall be four years and until their successors are appointed and qualified, provided, however, the terms of office of the members of this Merit Commission shall be staggered. At the time this Charter becomes effective, the members to represent the odd-numbered districts shall be

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appointed for a regular four-year (4-year) term of office, while members from even-numbered districts shall be appointed for an initial term of two (2) years of office only. Thereafter, members from even-numbered districts shall be appointed for four (4) year terms of office. Any person, having the necessary qualifications therefor and who is appointed to fill a vacancy shall serve only for the time remaining to the vacated membership, but such person shall be eligible for a later appointment to a membership for the next regular full term. The compensation payable to the members of this Merit Commission for their expenses and services incident to the membership in the Merit Commission and duties thereof shall be fixed by ordinance of the Unified Government Commission. A member of this Merit Commission shall be removed from office only by a majority vote of the entire membership of the Unified Government Commission. A member shall be removed only when the Commission determines that the member has become disqualified for membership in this Merit Commission for the reasons set out in this section, or because of physical and/or mental disability rendering him incapable of effectively performing the duties of his office, or because of his having been convicted of any offense, wherein as a punishment for such offense the applicable law permits penal servitude in excess of one year. Should any vacancy occur in the membership of this Merit Commission, the Unified Government Commission shall, not later than sixty (60) days from the date the vacancy occurs, fill the vacancy in the same manner and under the same conditions whereby the original appointment was made. The Merit Commission at its first regular meeting in each year shall elect one of its members Chairman, and one of its members Vice Chairman, who shall serve as Chairman and Vice Chairman for a term of one year. Section 10.04. Powers, Authority, and Duties of the Merit Commission . The Merit System of the Unified Government

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shall be responsible for developing and fostering personnel policy. Toward this end, the Merit Commission shall prepare proposals which it shall submit to the Unified Government Commission for its approval. These proposals shall apply to all positions covered by the merit systems and shall include the following provisions: (1) The classification, grading, and pay of all covered positions covered by the merit system, including those of the Sheriff's Office; (2) Promotions, upgrading of positions, reclassification of positions, and compensation increases; (3) Tenure in office and employment, subject to the provisions elsewhere in this Charter pertaining to tenure; (4) Pension plans and provisions for retirement, subject to the provisions elsewhere made in this Charter pertaining to pensions and retirement; (5) Rules and measures for employee disciplinary action, demotions, and discharges; (6) Eligibility standards for employment and maintenance of an eligibility list; (7) Provisions for leave, insurance and other employee benefits. This Merit Commission shall periodically review the operation, circumstances of employment, demands of the Unified Government in its operations, and the effect of the personnel provisions then in force, and make due report and recommendations to the Unified Government for such charges as are then indicated and as may be justifiable. This Merit Commission shall perform the function and duties of a personnel review board, and such other duties and responsibilities as may be hereinafter prescribed by ordinance of the Unified Government Commission.

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Upon its approval of this Merit Commission's findings and recommendations as to the employment policies and practices of the Unified Government, the Unified Government Commission shall adopt and publish appropriate ordinances incorporating such procedures and practices which shall be binding upon all other offices including those of the Sheriff's Office, and upon all departments and agencies of the Unified Government. Section 10.05. Employees Covered . All employees of the Unified Government shall be in the merit service, except the following: (1) Elected officials and appointed heads of the departments of the Unified Government; (2) Appointive members of Boards, including the Board of Education, Commissions, and Authorities and their employees; (3) The Administrator, the Commission Auditor and Budget Analyst, the Clerk of Commission, the Recorder and Assistant Recorders, the appointed head of the Legal Services Department; (4) Personal secretarial assistants of the Mayor; (5) Persons temporarily employed in a professional or scientific capacity; (6) Persons employed to conduct special inquiries, investigations, or examinations, or to make special installations; (7) Temporary or part-time employees; (8) Employees of the Sheriff's Office of rank and executive responsibility comparable to that of, or higher than that of heads of divisions; (9) The Board of Education and their employees;

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(10) Such other positions as may be excepted by ordinance of the Commission. Section 10.06. Provisions for Employees Promoted to Excepted Positions . Any person in a position covered by the Merit System of this Unified Government and not excepted therefrom who is appointed to an excepted office shall retain, and be entitled to return to, the same merit service classification, rights, status, and job value as that held at the time of such appointment. Section 10.07. Reviews, Powers and Authority of the Merit Commission as a Review Board . Any person covered by the Merit Service of the Unified Government, and who may be entitled to be covered by such service regulations, may request that the Merit Commission of this Unified Government review any grievance he has grounded upon adverse action taken, or favorable action not taken, by any department or agency of the Unified Government, in the administration of Merit Service ordinances, rules or regulations of the Unified Government pertaining to his employment rights. The Merit Commission shall have the power and authority to hear all such requests for review and to make an equitable adjudication thereon. The Merit Commission also shall have the power and authority to conduct such hearings, to compel the attendance of witnesses by resort to the State Court, and to take testimony as is necessary to make such adjudication; and to issue such orders as it may deem necessary to enforce compliance with its findings, rulings, and decisions made as the result of such reviews. In such case, the decisions and rulings of the Merit Commission shall be final and binding upon all parties to such hearings. An appeal to the Unified Government Commission may be brought from any final decision or ruling of the Merit Commission only under such conditions as the Unified Government Commission may make by ordinance; and only upon the grounds: (a) that the findings of fact of the Merit Commission are not supported by substantial evidence; or,

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(b) that its hearings and resulting decisions thereon were not in conformity with applicable ordinance(s) and regulation(s). Section 10.08. Cooperation of Employing Agencies of the Unified Government . The employing agencies, departments, boards, and authorities of the Unified Government shall furnish to this Merit Commission such reports and information as are required in the opinion of the Merit Commission for the administration and performances of its duties and functions that are required by the provisions of this Charter. Section 10.09. Administrative Staff of the Merit Commission . The Mayor shall appoint a chief administrative officer of the Merit Commission with the approval of the majority of the entire membership of the Unified Government Commission. This officer shall be responsible to the Unified Government Commission for insuring the application of the personnel policy of the Unified Government, and rules and regulations promulgated under the authority thereof. The compensation of the chief administrative officer shall be fixed by the Unified Government Commission. He shall serve at the pleasure of the Unified Government Commission and may be removed at any time by a majority vote of the entire membership of the Unified Government Commission. The Unified Government shall provide the Merit Commission with such other personnel as may be necessary to assist the chief administrative officer and the Merit Commission in the performance of their respective duties. The pay of such personnel shall be fixed by the Unified Government Commission. Section 10.10. Establishment of New Pension, Retirement and Employee Benefit Provisions . The Unified Government Commission shall provide its employees with insurance, retirement and pension benefits, coverage under the Federal old age and survivors insurance program, medical and hospitalization benefits, and workman's compensation.

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Any plan for such insurance, retirement and pension benefits shall meet the generally accepted actuarial and funding standards; and such plans and benefits may require contributions by the covered employees to the extent which the Unified Government Commission shall deem just and proper. ARTICLE XI Recorder, Recorder's Court Section 11.01. Laws Continued in Force . On the effective date of this Charter, the office of Recorder and the Recorder's Court of the City Council of Augusta, as they exist on the date of the adoption of this Charter, are redesignated Recorder and Recorder's Court of Augusta-Richmond County, respectively, so that wherever the term Recorder's Court is referred to in the laws and ordinances pertaining thereto, it shall be construed to mean Recorder's Court of Augusta-Richmond County. This Court, as herein renamed, shall continue its operation without interruption resulting from the adoption of this Charter; and, except as otherwise provided by this Charter, those provisions of the laws pertaining to said Court as they existed on the date of the adoption of this Charter are hereby continued in unimpaired force and effect, except that the following terms contained therein shall be construed as indicated to wit: The term Council shall mean Commission; and the term Councilman shall mean Commissioner. Section 11.02. Jurisdiction of Recorder's Court . The Recorder shall continue to have all the rights, authority, power, and jurisdiction now possessed by him under all present applicable laws and ordinances; and, in addition thereto, the Recorder, while holding Recorder's Court, shall be and is hereby empowered and authorized and given jurisdiction to accept pleas of guilty or nolo contendere. The jurisdiction of the Recorder's Court shall extend throughout the territorial limits of Richmond County as

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the same exists on the date of the adoption of this Charter. The Recorder, while holding such Court, shall have jurisdiction to try all persons charged with violations of the rules, regulations, bylaws, and ordinances of the City Council of Augusta that are continued in effect under the provisions of this Charter, as well as the violation of the rules, regulations, bylaws, and ordinances of the Unified Government; and, for the violation thereof, to impose punishment by fines and imprisonment, or by fines or imprisonment or labor on the public works, either or both in the discretion of the Recorder, provided such punishment for such violation or violations is within the limits prescribed by the ordinance for the conviction of which such punishment is imposed. The Recorder shall have the power of subpoena granted by law to Inferior Courts of the State, and the power to exercise all authority and jurisdiction necessary to the function of the Recorder's Court. The Recorder, while holding Recorder's Court, shall have full power and authority to try and, upon conviction, to punish contempt of the Commission, as provided under this Charter, and contempt of the Court for the failure to obey any lawful summons, subpoena, process, or order for which failure to obey is punishable under any law or ordinance; such punishment to be by a fine not exceeding Three Hundred Dollars ($300.00) or imprisonment not exceeding ninety (90) days, or both. Section 11.03. Appeal and Appeal Bond . Any person who has entered a plea of not guilty and is subsequently found guilty of violating an ordinance of the Unified Government by the Recorder shall have the right of certiorari to the Superior Court from the Recorder's Court in the same manner and under the same procedure as now prescribed by law for certiorari from Inferior Courts of the State. Section 11.04. Appointment of Recorder, Assistant Recorder, Clerk and Bailiff . On the effective date of this Charter, the incumbent Recorder, Assistant Recorder, and Clerk of the Recorder's Court who were serving the City Council of Augusta on the day next preceding the effective

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date of this Charter shall continue to serve in their respective offices until their respective successors are appointed and qualified. The Commission may provide for as many Assistant Recorders as it may deem necessary. These Assistant Recorders shall be appointed by the Mayor in the manner specified in this Charter. Upon the occurrence of a vacancy in the office of the Recorder, Assistant Recorder, or Clerk of Recorder's Court, or Bailiff, the Chairman shall nominate and, subject to confirmation by the majority vote of the entire Commission, appoint a Recorder, Assistant Recorder, or Clerk of Recorder's Court or Bailiff as the case may be. Section 11.05. Term; Qualification of the Recorder and Assistant Recorder . The term of office of Recorder, Assistant Recorder, and Clerk of Recorder's Court shall be four years and until a successor is appointed and qualified. The Recorder and Assistant Recorder shall be not less than thirty (30) years of age, an active member of the State Bar of Georgia in good standing, and a resident of the territory of the Unified Government. He shall have practiced law for a period of not less than five years prior to his undertaking the duties of office. Section 11.06. Rules; Procedures; Clerk of Recorder's Court . The Commission shall, by ordinance, fix rules and regulations governing the time, place, and number of sessions of the Court. The Clerk shall prepare the Court dockets, maintain all Court records, and serve as the Court's chief administrative officer. The Recorder shall prescribe such rules of practice in the Recorder's Court as he may deem necessary to the proper function of the Recorder's Court. Section 11.07. Acting Recorder . In the absence of the Recorder and Assistant Recorder, the Mayor may preside or appoint a member of the Commission to preside in the Recorder's Court. This substitute shall have all of the rights and powers of the Recorder, while holding the Recorder's Court. Section 11.08. Recorder's and Assistant Recorder's Oath .

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The Recorder and Assistant Recorder shall take an oath before the Chairman well and truly to discharge the duties of their offices to the best of their ability and without partiality. ARTICLE XII Initiative and Referendum Section 12.01. General Provisions . As a part of the legislative powers and authority granted by this Charter, the electorate of the Unified Government shall have the power and authority either to propose legislation for enactment by the Commission or amend or repeal any legislative acts of the Commission; including the right finally to ordain by a referendum to the electorate any proposed legislation which the Commission fails to enact. This shall not infringe upon the power and authority of the Commission voluntarily to submit to the electorate for approval or rejection any legislative act or proposed legislative act; or to contract for indebtedness and issue bonds or other evidence of public indebtedness as is provided and authorized by the Constitution of Georgia, by general law, or by this Charter. Such legislative action on the part of the electorate shall be instituted only by a petition of no less than 25% of the total number of registered voters in the Unified Government, as shown by the official records, who voted in the last held general election. The petition, which shall contain readily identifiable signatures and names of the petitioners together with their addresses and certified by the Board of Elections, shall be received by the Commission and the required action shall be taken by the Commission without unreasonable delay. The legislative acts deriving from the affirmative action of the electorate shall have the same force and effect as those resulting from the legislative action of the Commission. They may not be amended or repealed except by a referendum to the electorate of the Unified Government.

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ARTICLE XIII Political Activities Section 13.01. Unauthorized Acts . No officer or employee of the Unified Government of Augusta-Richmond County whose principal employment is in connection with any activity which is financed in whole or in part by Unified Government funds shall: (1) use his official authority or influence for the purpose of interfering with an election or a nomination for office, or affecting the result thereof, or (2) directly or indirectly coerce, attempt to coerce, command, or advise 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. No such officer or employee shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. ARTICLE XIV Election and Recall Section 14.01. General Provisions . Except as provided hereinafter in this Article, all elections of the Unified Government shall be conducted in accordance with the provisions of Title 34 of the Code of Georgia (Georgia Election Code). Section 14.02. Election of Commissioners and Mayor . The Mayor shall be elected by the electors of the entire area encompassed by the Unified Government. Two commissioners shall be elected to represent each of the legally defined six representative districts for the General Assembly of the State of Georgia. Except for at-large Commissioners, candidates who offer for election to the Commission must reside within the district for which they offer as a candidate. Within each district, position of membership on the Commission shall be designated as Posts 1 and 2. Candidates who are elected to Post 1 for each such district shall be

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elected only by the electors of the respective district. Candidates who are elected to Post 2 for each such district shall be elected by the electors of the Unified Government. At-large Commissioners may reside anywhere within the Unified Government and shall be elected by the electors of the Unified Government. The terms of office of the Mayor of the Unified Government and the Commissioners shall be four years and until their successors shall be duly elected and qualified, except initial candidates who are elected to Post 1 shall serve for an initial term of two years and until their successors are duly elected and qualified. Section 14.02.1. Election of Commissioners and Mayor . The Mayor shall be elected by the electors of the entire area encompassed by the Unified Government. Two commissioners shall be elected to represent each of the legally defined six representative districts for the General Assembly of the State of Georgia. Except for at-large Commissioners, candidates who offer for election to the Commission must reside within the district for which they offer as a candidate. At-large Commissioners may reside anywhere within the Unified Government and shall be elected by the electors of the Unified Government. Except for at-large Commissioners, candidates for the Commission shall be elected to the Commission only by the electors of the representative district from which the candidate offers for election. Section 14.03. Election Board . The Augusta-Richmond County Board of Elections shall not have its organization or operation affected by the adoption of this Charter, with the exception that all aspects of the elections for office in the Unified Government shall be conducted and supervised by the Board of Elections of the Unified Government. Section 14.04. Run-off Elections . In instances where no candidate receives a majority of the votes cast for an office of the Unified Government, a run-off election between the candidates receiving the two highest numbers of votes, shall be held on the twenty-first day after which the preceding primary or election was held, unless such run-off date is postponed by a Court order.

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Section 14.05. Election Board . The Board of Elections of Richmond County as it existed before adoption of this Charter shall be renamed the Augusta-Richmond County Board of Elections. The Augusta-Richmond County Board of Elections shall not have its organization or operation affected by the adoption of this Charter, with the exception that all aspects of elections for office in the Unified Government shall be conducted and supervised by the Board of Elections of the Unified Government. Section 14.06. Assumption of Office . The person elected at the first General Election shall take office on the first Monday after the first day of January, 1979, and all persons elected thereafter shall take office on the first Monday after the first day of January, next following their election. Section 14.07. Recall Elections; General . Any person holding an elective office of Augusta-Richmond County whether by election, succession or appointment to fill a vacancy, shall be subject to removal from office at a recall election in the manner provided herein. Section 14.08. Recall Procedure . (1) A recall of an incumbent of an elective office shall be initiated upon petition signed by registered voters. In the case of an elective office to which a candidate is elected from Augusta-Richmond County, at large, the petition shall contain signatures of at least fifteen percent of the electors qualified to vote in the preceding regular election, but signatures from any district in excess of one-third of the total number required of a petition shall not be counted. In the case of an elective office to which a candidate is elected solely from one commission district of Augusta-Richmond County, the petition shall contain signatures of registered electors in the district equal in number to at least fifteen percent of the electors in that district qualified to vote in the preceding regular election. Every recall petition shall name the officer against whom it is directed. (2) Each elector signing a recall petition shall add to his signature his residence, stating his commission district and the date of his signing. Signatures on a recall petition may

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be on separate sheets, but each sheet shall have appended to it the affidavit of some person, not necessarily a signer of the petition, that to the best of the affiant's knowledge and belief the persons whose signatures appear on the sheets are registered electors of Augusta-Richmond County, or of the district, as the case may be, that they signed with full knowledge of the contents of the petition, and that their residences are correctly given. (3) A recall petition shall be tendered for filing to the Board of Elections of Augusta-Richmond County. The Board of Elections shall examine it to see whether it contains a sufficient number of apparently genuine signatures. The Board of Elections may question the genuineness of any signature or signatures appearing on the recall petition, and if the Board finds that any such signature or signatures are not genuine, the Board of Elections shall disregard them in determining whether the petition contains a sufficient number of signatures. The Board of Elections shall also disregard any signature dated more than sixty days before the date the petition was tendered for filing and shall count only one signature of each elector who has signed the petition. The Board of Elections shall eliminate any sheet of the petition which is not accompanied by the required affidavit. The invalidity of any sheet of the petition shall not affect the validity of the petition if a sufficient number of signatures remains after eliminating such an invalid sheet. The Board of Elections shall complete the examination of the petition within twenty days and shall thereupon file the petition in the Office of the Board of Elections if valid, or reject it if invalid. (4) As soon as the Board of Elections has accepted a recall petition for filing, the incumbent named in the petition shall be notified that the petition has been filed. Upon receipt of such notice, the incumbent may resign from his office and thereby terminate the recall proceedings. (5) If the incumbent against whom a recall petition is directed does not resign from his office within ten days after notice of the filing of such petition shall have been

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given to him, the Board of Elections shall arrange a recall election. If a regular or special election is to be held not less than thirty days nor more than ninety days after the ten days have expired, the recall question shall be placed before the electors at such an election. Otherwise, a special recall election shall be fixed for a date not earlier than thirty days nor later than sixty days after the ten days have expired. The incumbent against whom a recall petition is directed may resign at any time prior to the recall election and thereupon the election shall not be held. (6) The following question shall be presented to each elector in a recall election: Shall (name of officer) be recalled and removed from the office of (name of office)? The above question shall appear as to every officer whose recall is to be voted upon and provision shall be made for the elector to vote Yes or No on the question. (7) If a majority of the registered electors who vote on the question at a recall election shall vote Yes, the incumbent shall be deemed recalled and removed from office, but if a majority of the registered electors shall vote No, he shall remain in office. Section 14.09. Limitations to Recall . No recall petition shall be filed against any incumbent of an elective office within the first six months or the last six months of the term of his office or within six months after an unsuccessful recall election against him; but an officer who has been reelected for a successive term shall be subject to recall also during the first six months of such term. ARTICLE XV Courts and Elective Offices Section 15.01. Superior and Other Courts . Nothing contained in this Charter shall be construed so as to affect the offices, functions, jurisdiction, procedures, proceedings,

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organization, practices, authorities, and status of the Courts of Justices of the Peace, Notaries Public, Ex-Officio Justices of the Peace, Probate Court, State Court of Richmond County, Civil Court of Richmond County, Juvenile Court and Superior Court of Richmond County, the officers, including the District Attorney, and judges thereof, as constituted on the effective date of this Charter. The status or relationship heretofore existing between Richmond County (and its governing body) and said offices and courts (including all of the rights, powers, benefits, obligations, authorities, and duties) shall henceforth be transferred to, be exercised and assumed by the Unified Government. All employees of the Courts as hereinabove stated, except those of the Justices of the Peace, and of all officers of the courts, including the District Attorney, shall be employees of the Unified Government, and their compensation shall be fixed by the Unified Government Commission. All such employees shall be covered by the Unified Government Merit System and entitled to the same employee rights and benefits enjoyed by other employees of the Unified Government. The Civil Court of Richmond County shall also not be affected by this Act and shall have the authority to continue its present service of processes, summonses, writs, and execution of orders of this court. Section 15.02. Office of Sheriff . The Sheriff of Richmond County shall be the Sheriff of the Unified Government. He shall serve for the same term as he does currently, and his compensation shall be fixed, as is provided by law, at the time this Charter becomes effective. Subsequent elections for Sheriff shall be upon the same basis as is provided by law for sheriffs generally. Section 15.03. Duties of the Sheriff . (a) The Sheriff shall continue to have the authority conferred on sheriffs by the Constitution and Laws of the State of Georgia generally. He shall attend upon and execute the orders, processes, summons, and writs of the Superior Court of Richmond County, State Court of Richmond County, Civil Court of Richmond County, Probate Court of Richmond County,

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and Juvenile Court of Richmond County. He shall also enforce executions issued by any officer or agency of the Unified Government. (b) As of the date this Charter becomes effective, the law enforcement function of the Unified Government will be assigned to the Sheriff and thereby he will be responsible for all law enforcement in the Unified Government area. He shall be charged with preserving the public peace; preventing and detecting crime; protecting persons and property; enforcing laws of the United States of America and Georgia, as well as ordinances of the Unified Government; apprehending and confining fugitives and violators of all such laws and ordinances; and making such searches and seizures as are permitted by law. The functions outlined immediately above shall be separate and distinct from his duties defined in the paragraph immediately preceding in this section, not related to law enforcement. Section 15.03.1. Chief Law Enforcement Officer . As of the date this Charter becomes effective, the law enforcement function of the Unified Government shall be performed by the Chief Law Enforcement Officer of the Unified Government. The Chief Law Enforcement Officer shall be appointed by the Commission and he shall be responsible to and serve at the pleasure of the Commission. He shall be responsible for all law enforcement in the Unified Government area. He shall be charged with preserving the public peace; preventing and detecting crime; protecting persons and property; enforcing laws of the United States of America and Georgia, as well as ordinances of the Unified Government; apprehending and confining fugitives and violators of all such laws and ordinances; and making such searches and seizures as are permitted by law. All of the powers, duties and responsibilities formerly vested in and possessed by the Sheriff of Richmond County, insofar as law enforcement functions are concerned, shall be vested in, possessed by and devolve upon the Chief Law Enforcement Officer of the Unified Government. The Commission of the Unified Government shall have full control and authority to fix the salary of the Chief Law Enforcement Officer and all his deputies, personnel and subordinates, to approve or

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reject all future promotions, dismissals or suspensions and to approve all appointments made by the Chief Law Enforcement Officer or by others acting pursuant to his authorization. The Chief Law Enforcement Officer may summarily impose suspensions up to five days without pay. Section 15.04. The Sheriff's Officers and Employees; Internal Organization and Management of Employees . The Sheriff shall have the authority to establish the internal organization of his office; provided however, such organization shall disassociate the functions of executing the civil orders, processes, summons and writs of court as may be required of him by law, from all the other functions of his office; and that such organization be designed to meet the particular needs of an urban community as to law enforcement, preservation of peace and the protection of property; and that such organization provide for maintenance of records, utilization of identification methods, communications, crime detection and investigation, apprehension of fugitives and violators of the law, and exchange of information with all other law enforcement agencies commensurate with those standards and methods adopted and followed by the law enforcement profession generally in urban communities. The sheriff also shall have the authority to direct, assign, manage and train all the personnel of his office, as is justifiable and necessary to the fair and efficient performance of the duties of his office, subject however, to the provisions set out below in this section. All the employees of the Sheriff's office, with the exception of those of the rank and executive responsibility comparable to heads of a division or superior position, shall be employed in accordance with and be covered by the Unified Government Merit System, all ordinances and regulations thereof. Such employees shall enjoy the same rights and employee benefits provided employees of departments of the Unified Government. Any employee of the Sheriff's office who is in a position covered by the Merit System of the Unified Government and not excepted therefrom and who is appointed to an excepted office or position shall retain, and be entitled to return to, the same job classification,

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rights, benefits, status, and job value as held at the time of such appointment. In the exercise of his authority over and the management of the covered employees of his office, the Sheriff may summarily impose suspensions up to fifteen (15) days without pay. All disciplinary action demotions, reductions in pay, and discharges imposed upon the covered employees of the sheriff's office shall be for cause, and the Unified Government Merit Commission shall have the authority and jurisdiction to review such disciplinary action, upon appeal, as is provided in the ordinances, and regulations promulgated under the ordinances, pertaining to the Unified Government Merit System and as is applicable to employees of the departments of the Unified Government. The findings, judgment and orders of the Unified Government Merit Commission in such cases shall be binding upon the sheriff as is provided in the Merit System ordinances of the Unified Government and as is applicable to the departments of the Unified Government. Section 15.05. Retirement and Pension Rights of Sheriff and Sheriff's Deputies Protected . Nothing in this Charter shall be construed so as to affect the eligibility of the sheriff or his deputies for membership in the Peace Officer's Annuity and Benefit Fund should they so elect; however, the Unified Government shall have the power and authority to adopt by ordinance such provisions as will correct any inequities resulting to such employees in relation to the benefits provided other employees by the Unified Government. Section 15.06. Quarters, Facilities, Equipment, Personnel and Operating Expenses of Sheriff's Office . As in the case of the departments of the Unified Government, the Unified Government Commission shall provide the sheriff with such quarters, facilities, equipment, personnel and funding for operating expenses deemed by the Unified Government Commission necessary to the proper performance of the duties of the sheriff's office. All the appropriations and disbursements incident thereto shall be made in confirmity

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with the same budgetary and fiscal ordinances applicable to the departments of the Unified Government. Section 15.07. Status of Other Elective Offices . Nothing contained in this Charter shall be construed so as to affect the offices, functions, jurisdiction, procedures, proceedings, organization, practices, authorities and status, as of the time this Charter becomes effective, of the Coroner of Richmond County, the Tax Commissioner of Richmond County. The status or relationship heretofore existing between Richmond County (and its governing body and said offices, including all of the rights, powers, benefits, obligations, authorities, and duties) shall henceforth exist and be transferred to, be exercised and assumed by the Unified Government. All employees of these offices shall be employees of the Unified Government, and their salaries and remuneration shall be fixed by the Unified Government Commission. Such employees shall be covered by the Unified Government Merit System and entitled to the same employee rights and benefits enjoyed by other employees of the Unified Government. ARTICLE XVI Budget and Financial Matters Section 16.01. Fiscal Year . The fiscal year of the Unified Government shall begin on the first (1st) day of January of each year and shall end on the thirty-first (31st) day of December next following, or as the Commission may establish and provide by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department, agency, and activity of the Unified Government. Section 16.02. Budget Preparation . The Commission shall prescribe, by ordinance, the procedures and requirements for the preparation, adoption, and execution of an annual operating budget, and a capital budget. It shall be the duty of all officers, departments, boards, commissions, authorities, courts, clerks of courts, and

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agencies to furnish the Mayor or his designee such information at such time or times, and in such form as he may require in budget preparation. The Mayor shall submit the proposed annual operating and capital budget to the Commission on or before a date fixed by ordinance, but not less than sixty days to the beginning of the fiscal year. Said budgets shall be accompanied by a budget message from the Mayor containing explanations of general fiscal policies, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and other information deemed appropriate. Copies of such budgets shall be filed with the Clerk of the Commission and the office of the Head of the Department of Finance and shall be open to public inspection. A summary of such proposed budgets shall be published in one or more newspapers of general circulation within Augusta-Richmond County not less than fourteen days prior to their final adoption. Section 16.03. Scope of Budgets . The annual operating and capital budgets shall consist of two parts: Part I of the annual operating and capital budgets shall set forth, in detail, the revenues, expenditures, and program information for those services, functions, and capital improvements projects pertaining to the General Services District. Part II of the annual operating and capital improvements budgets shall contain a separate section for each Urban and Limited Services District, established pursuant to this Charter and by ordinance of the Commission, in order to reflect, in detail, the revenues, expenditures, and program information for those services, functions, and capital improvements projects pertaining to the Urban and Special Services Districts. Each of the above described parts of the annual operating budget shall contain, with respect to each of the operating funds of the Unified Government to which they are applicable, (1) an estimate of the unencumbered fund balance

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or deficit at the beginning of the next fiscal year and the amount of reserves for designated purposes or activities includable in the operating budget; (2) a reasonable estimate of cash revenues to be received during the next fiscal year, classified according to source, including a reasonable reserve for contingencies; (3) proposed expenditures detailed by each office, department, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the next year; (4) insurance and pension costs and all debt service requirements for such fiscal year payable from such funds; (5) work programs and performance data in justication of proposed expenditures; and (6) such other information as may be considered necessary or as may be desired by the Mayor or Commission. Each of the above described parts of the capital budgets shall contain, with respect to each services district, (1) a description of all planned capital improvements, together with studies and surveys relative thereto, (2) provisions for the acquisition of property of a permanent nature; and (3) provisions for the purchase of equipment for any public improvements which, when first erected or acquired, are to be financed, in whole or in part, from funds controlled by the Commission. It shall show the capital expenditures which are planned for each of the five ensuing fiscal years. For each major project, facility, or other property, there shall be shown the amount and source of the money that has been spent, encumbered, or is intended to be spent or encumbered, prior to the beginning of the next fiscal year, and also the amounts and the sources of the money that are intended to be spent during each of the ensuing five years. Section 16.04. Adoption of Budgets by Commission . The Commission shall, upon receipt of the proposed budgets, schedule and hold one or more public hearings thereon, notice of which shall be published in a newspaper of general circulation in Augusta-Richmond County, at least fourteen days prior to the date set for such public hearing. The Commission may amend the proposed operating budget, except that the budget, as finally amended and adopted,

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must provide for all expenditures required by law or by other provisions of this Charter, and for all debt service requirements for the next fiscal year. The Commission shall adopt the final annual operating budget for the next fiscal year not later than the thirty-first day of December each year, and such budget shall be effective for the fiscal year beginning on the first day of January. In the event the Commission fails to adopt the budget by this date, the amounts appropriated for operations for the fiscal year just ended shall be deemed adopted for the current fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the Commission shall adopt a budget for such fiscal year. Adoption of the annual operating budget shall be in the form of an appropriation ordinance, setting out estimated revenues in detail by source, and making appropriations according to fund by organizational unit, purpose, or activity as set forth in the budget document. The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made, or encumbrance created, in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable. The Commission may delete projects from the capital budget as submitted to it, but it shall not otherwise amend the capital budget until it has requested, through the Mayor, the recommendations of the Head of the Department of Urban Affairs. The Commission shall not be bound by such recommendations and may act without them if they are not received within thirty days from the date they were requested. The Commission shall adopt, by ordinance, the capital budget for the next fiscal year not later than the thirty-first day of December of each year. The capital budget ordinance shall show, in detail, the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Commission, and

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shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts. Section 16.05. Levy of Property Tax . Within fifteen days following the adoption of the operating and capital budgets, and consistent with the provisions of section 9.08 of this Charter, the Commission shall: (1) Levy, by ordinance, a General Services District tax on all taxable real and taxable personal property within the General Services District. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy, with adequate allowance for delinquent taxes and other uncollectibles, together with other anticipated revenues, fund balances, and applicable reserves, shall be sufficient to equal the total amount of the annual operating budget for the General Services District. (2) Levy, by ordinance, a tax for each Urban Services District and a tax for each Limited Services District on all taxable real and personal property within each such Urban and Limited Services District, respectively. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy, with adequate allowances for delinquent taxes and other uncollectibles, together with other anticipated revenues, fund balances, and applicable reserves, shall be sufficient to equal the total amount of the annual operating budget for each Urban Services District and each Limited Services District, respectively. Section 16.06. Assessing and Collecting Property Tax . Except as otherwise provided in this Charter, the Commission shall, by ordinance, provide the procedures for making and filing returns for ad valorem taxation of property in Augusta-Richmond County and the place for making returns. The Commission shall also provide for the payment and collection of taxes, the creation and priority of tax liens, the issuance and levy of executions, and sales to satisfy

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executions. The Commission shall provide, by ordinance, when taxes, levied and imposed by the Unified Government, shall become due and payable and when the same shall become delinquent. The Commission, by ordinance, may authorize the payment of taxes due the government in installments, at the option of the taxpayer, and when and how and upon what terms such installments shall be due and payable. The Commission may also authorize the payment of taxes prior to the time when due. The Commission shall provide, by ordinance, for the manner and method of collecting delinquent taxes due the Unified Government. Section 16.07. Executions Generally . Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this Charter, or Georgia Law, and such is not paid within the time specified by the Commission, and no specific provision is elsewhere provided in this Charter for its collection, the Head of the Department of Finance shall issue execution in the name of Augusta-Richmond County against such person, firm, or entity liable therefor, or property subject thereto, for such sums as may be due with interest at the legal rate from due date, and penalties and costs. The Unified Government of Augusta-Richmond County shall have the right to enforce payment of such execution by levy and sale, as in the case of county taxes, and the purchaser at such sale shall acquire such title and rights as a purchaser at a sale for county taxes. Section 16.08. Homestead Exemptions . The homestead exemptions provided under the Constitution and the laws of Georgia presently in force, or as hereafter amended, shall be applicable to all such property subject to ad valorem taxes within the General Services District of the Unified Government, as defined elsewhere in this Charter; provided, however, that such homestead exemptions (except for persons 65 years of age or older) shall not apply to taxes levied for the retirement of bonds; and provided further that such homestead exemptions shall not apply to property on

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which taxes are separately levied in the Urban Services Districts or Limited Services Districts. Section 16.09. Additional Appropriations . The Commission may make appropriations in addition to those contained in the current operating budget or capital budget; provided, however, any such appropriations may be made only from an existing unappropriated surplus and may be appropriated only for the benefit of the services district from which the unappropriated surplus arose. Section 16.10. Post Audit . The annual independent audit of such accounts and other evidences of financial transactions of the Unified Government shall be performed as the Commission may determine; provided the audit shall be made by a Certified Public Accountant who does not have any pecuniary, personal interest, direct or indirect, in the fiscal affairs of the Unified Government or of its offices, departments, agencies, or activities. No one firm shall perform this audit more than three consecutive years. The final report of the annual independent audit shall be completed not later than four months after the close of the fiscal year. The audit report shall be delivered to the Commission of the Unified Government and shall also be made available to the public. The Commission may, at any time, order an independent examination or special audit of any office, department, board, authority, commission, or other agency of the Unified Government. Section 16.11. City of Augusta Bonded Indebtedness District . There shall be a City of Augusta Bonded Indebtedness District which shall be composed of that territory which was formerly embraced within the corporate limits of the City of Augusta as such corporate limits existed on July 1, 1976. Said district is created for the purpose of levying within said district a tax which shall be used exclusively for the retirement of the bonded indebtedness assigned to the district by the provisions of this Chapter.

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Section 16.12. Allocation of Indebtedness . The following described bonds issued prior to the effective date of this Charter by the City Council of Augusta shall be allocated to the initial Urban Services District established by the Unified Government Commissioners pursuant to section 9.02 of this Charter and the principal of and interest of such bonds shall be paid from ad valorem taxes or other revenue collected in such Urban Services District. Date of Original Issue Final Date of Maturity Purpose of Issue Outstanding Principal Dec 31, 1973 Dec 1948 1978 Fire Protection $ 20,000.00 Dec 1948 1978 Sewerage Improvement 35,000.00 Nov 1959 1989 Sewerage Improvement 354,000.00 May 1973 2003 Storm Sewer 2,150,000.00 May 1973 2003 Fire Protection 125,000.00 The following described bonds issued prior to the effective date of this Charter by the City Council of Augusta shall be allocated to the General Services District established by the Council pursuant to section 9.02 of this Chapter and the principal of and interest of such bonds shall be paid from ad valorem taxes or revenue collected in such General Services District. Date of Original Issue Final Date of Maturity Purpose of Issue Outstanding Principal Dec 31, 1973 Dec 1948 1978 Airport $ 65,000.00 Dec 1948 1978 Hospital 85,000.00 Dec 1948 1978 Park and Recreation 25,000.00 Dec 1948 1978 Street Improvement 80,000.00 May 1954 1984 Street Improvement 110,000.00 Nov 1955 1985 Right of WayGordon Hwy 391,000.00 Nov 1959 1989 Street Improvement 776,000.00 Nov 1959 1989 Urban RenewalHospital, Medical School 420,000.00 May 1973 2003 Street Improvement 920,000.00 May 1973 2003 Court/Law Enforcement Building 750,000.00 May 1973 2003 Right of WayHighland Ave., Fifteenth Street and Wrightsboro Road 900,000.00 May 1973 2003 Urban DevelopmentHospital and Twiggs Street Area 2,175,000.00 All water and sewerage and airport revenue bonds issued by the City Council of Augusta prior to the effective date of this Charter shall be payable as to principal and interest from the revenues or other sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds. The amounts due and remaining unpaid on bonds issued by the City Council of Augusta prior to and matured as of the effective date of this Charter shall be paid from the funds held by the City Council of Augusta and so allocated. Such funds shall be transferred, upon the effective date of this Charter, to the Unified Government for that purpose. All bonds and evidences of indebtedness issued prior to the effective date of this Charter by Richmond County, and all such as may be authorized but unissued on that date but are issued subsequently by the Unified Government, shall be the obligation of the Unified Government. In all instances where the principal and interest on such bonds were paid by Richmond County from its general revenues, on the effective date of this Charter and thereafter shall be allocated to the General Services District of the Unified Government, and the principal and interest of such bonds and indebtedness shall be paid from ad valorem taxes or revenue collected in such General Services District. In all other instances as to bonds issued and indebtedness outstanding of Richmond County on the effective date of this Charter, wherein the principal and interest are not payable out of the general revenue of Richmond County, the principal and interest shall be payable from the revenues and other sources, and in the manner provided in the proceedings and contracts which authorized the obligations entered into prior to the effective date of this Charter.

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Section 16.13. Budgets of County Officers and Agencies . All officers, boards (excluding the Board of Education), authorities, commissions, and other agencies not under the direct control and jurisdiction of the Commission which receive appropriations from the Unified Government shall, ninety days prior to the commencement of each fiscal year, prepare and submit to the Mayor annual operating and capital budget requests for the ensuing fiscal year. Such budget requests shall be incorporated into the overall Unified Government budget for submission by the Mayor to the Commission. The Mayor and Commission shall grant hearings to any such officers, boards, authorities, commissions, and other agencies on such proposed budgets. ARTICLE XVII Amending Charter Section 17.01. Proposal of Amendment . Except as provided in subsection (2) hereof: (1) This Charter may be modified, rescinded, changed or amended by: (a) An Act of the General Assembly of Georgia; (b) An ordinance of the Commission duly adopted by the affirmative vote of not less than ten of its members favoring such amendment until ratification thereof by the affirmative vote of a majority of the qualified electors of the Unified Government voting in a referendum election as provided elsewhere in this Charter; (c) A petition of fifteen percent (15%) of the electors qualified to vote in the last preceding general election filed with the Clerk of the Commission, and ratification thereof by the affirmative vote of a majority of the qualified electors of the Unified Government voting a referendum election as provided elsewhere in this Charter. Any petition filed with the Clerk of Commission under this section shall be validated by the Board of Elections.

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(2) Any proposal for an amendment, modification or rescission of this Charter, the effect of which provides for an abolishment of the Unified Government, shall not become effective until approved by a majority of the qualified electors of the Unified Government voting in a referendum election as provided elsewhere in this Charter until such time as the General Assembly of Georgia has provided for and established a successor government to replace and supersede the Unified Government established by this Charter. Until such events the Unified Government herein created shall continue in full force and effect as if such amendment, modification or rescission had not been adopted. Section 17.02. Referendum for Amendments . When an amendment to this Charter has been properly proposed, either by ordinance or by petition, the Board of Elections shall call a referendum election not less than 30 days and not more than 45 days after the date of the adoption of the ordinance or the validation of the petition, as the case may be; provided however, that if a regular election is to be held not less than 30 nor more than 120 days after the adoption of the ordinance or the validation of the petition then such referendum election shall be held at the same time as the regular election. At this referendum election, the electorate of Augusta-Richmond County, Georgia will vote to ratify or reject the amendment or amendments proposed. The ballot shall be prepared so as to sufficiently set forth the subject matter of each proposed amendment and shall provide the voters a chance to vote For Ratification or Against Ratification on each proposed amendment. The amendment (s) shall be numbered as in the ordinance of the Commission or in the petition. Each proposed amendment shall be ratified when a majority of the votes cast at the special referendum election shall be in favor of ratification, and each proposed amendment shall be rejected when a majority of said votes shall be against ratification. Said election shall be held in accordance with applicable laws governing elections as provided elsewhere in this Charter, and the costs of said election shall be paid out of the general funds of Augusta-Richmond County, Georgia. The Board of Elections shall canvass the returns and certify the results to the Secretary of State of Georgia, who shall issue a proclamation

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showing the results of said election on the ratification or rejection of each proposed amendment to this Charter. One copy of the proclamation shall be attached to the copy of this Charter previously certified to said Secretary of State, and one copy shall be delivered to the Clerk of the Commission who shall attach the same to the copy of the Charter in his custody. Section 17.03. Limitation . Once a Charter amendment is proposed on a particular subject either by ordinance or by valid petition, no amendment on the same subject shall be proposed by ordinance or petition within 12 months after the referendum election thereon. ARTICLE XVIII Miscellaneous Provisions Section 18.01. Fidelity Bonds . All appointed officers and employees of the Unified Government, both elective and appointive, shall execute such official bonds in such amounts, and upon such terms and conditions as the law or the Commission may require. The bonds shall be approved by the Department of Legal Services and filed with the Clerk of Commission. Section 18.02. Fees Due Unified Government . All fees, commissions, emoluments, and perquisites of any public office which would have accrued to the City Council of Augusta and Richmond County shall accrue and belong to the Unified Government and shall be remitted to the Unified Government. Section 18.03. Action by Deputies . In all cases in which provision is made in this Charter requiring appointed officers to take formal action, such action may be taken in the absence of said officers by their duly authorized deputies, and in accordance with such ordinances as may be adopted governing the same. Section 18.04. Relationship to Federal and State Agencies . The Unified Government shall have the power and authority

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to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs and undertakings of any nature authorized by any statute, rule, or regulation of the United States or the State of Georgia, or any Federal or State agency or instrumentality, and to exercise, with respect thereto, all the power conferred by any other State or Federal statute; to borrow money and issue promissory notes, general obligation bonds or revenue bonds, or a combination thereof, for any such purpose; and to execute mortgages, security deeds, or deeds of trust conveying property as security for any such obligation. The Unified Government shall be deemed a county and shall also be deemed a municipality for the purpose of determining its right to receive, and for the purpose of receiving, State aid or grant-in-aid from the State of Georgia or from the United States, or from any other agency or instrumentality thereof, or from any other source, public or private. The Unified Government shall be entitled to receive and shall receive as State aid or as grant-in-aid from the State of Georgia under any State law, or from the United States under any Federal law, or from any other agency or instrumentality thereof, or from any other source, public or private, all funds to which a county is, or may hereafter be, entitled and also all funds to which a municipality is, or may hereafter be entitled, and to receive the same without diminution or loss by reason of unification of the County of Richmond and the City of Augusta. Following the effective date of this Charter, when State aid, Federal aid, or other grant-in-aid is distributed to any municipality on the basis of population, whatever the purposes of such aid may be, then the total population of Augusta-Richmond County shall be used in calculating and determining the basis of the distribution of such funds to the Unified Government. Section 18.05. Severability of Provisions . If any section, subsection, paragraph, sentence, clause or phrase of this Charter, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever,

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such decision shall not affect the remaining portions or other applications of this Charter, which shall remain in full force and effect; and to this end the provisions of this Charter and the applications thereof are hereby declared to be severable. Section 18.06. Repeal of Conflicting Laws . All laws and parts of laws in conflict with this Charter are hereby repealed. ARTICLE XIX Code of Ethics Section 19.01. Conflict of Interest . No elected official, appointed officer, or employee of the Unified Government shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the Unified Government or any office, department, or agency thereof without proper legal authorization, or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of a service, loan, thing, or promise from any person, firm, or corporation which, to his knowledge, is interested, directly or indirectly in any manner whatsoever, in business dealings with the Unified Government; provided, however, that an elected official who is a candidate for public office may

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accept campaign contributions and services in connection with any such campaign; or (5) Represent private interest in any action or proceeding against the Unified Government. Section 19.02. Disclosure . Any elected official, appointed officer, or employee of the Unified Government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within the Unified Government shall disclose such private interest to the Commission. The Mayor or any Commissioner who has a private interest in any matter pending before the Commission shall disclose such private interest and such disclosure shall be entered on the records of the Commission, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such office, department, or agency shall disclose such private interest to the Commission. Section 19.03. Use of Public Property . No elected official, appointed officer, or employee of the Unified Government shall use property owned by the Unified Government for personal benefit, convenience, or profit, except in accordance with policies promulgated by the Commission. Section 19.04. Testimony of Public Officials Relating to Public Affairs . Any elected official, appointed officer, or employee of the Unified Government who is duly and properly called as a witness before any Unified Government, States, or Federal judicial or administrative tribunal; and who shall, before such tribunal, fail to answer any proper question concerning the performance of his official duties shall be guilty of a violation of this code of ethics. Section 19.05. Contracts Voidable and Rescindable . Any contract between the Unified Government and another party shall be voidable or rescindable at the option of the Unified Government at any time, if any elected official, appointed officer, or employee of the Unified Government has any

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interest in such contract and does not disclose such interest. Section 19.06. Penalties for Violation . Elected officials, appointive officers, and employees of the Unified Government may be punished for violations as set forth in this Charter as follows: (1) The Mayor and members of the Commission shall be subject to censure by the Commission; (2) All appointed officers and employees shall be subject to removal from office as provided in this Charter. ARTICLE XX Transitions and Interim Provisions Section 20.01. Certain Ordinances and Resolutions Continued . All ordinances, resolutions, and bylaws of the City Council of Augusta in effect on the effective date of this Charter shall continue in force and effect, when not inconsistent with the provisions of this Charter, and shall have the legal effect of ordinances of the Unified Government operative within the Urban Services District or Districts until repealed, modified, or amended by subsequent action of the Unified Government. All resolutions of Richmond County and regulations pertaining to said County, when not inconsistent with the provisions of this Charter, shall continue in force and shall have the legal effect of ordinances and resolutions of the Unified Government until repealed, modified, or amended by subsequent action of the Unified Government. Existing rules and regulations of departments and agencies of the City of Augusta, not inconsistent with the provisions of this Charter or with rules and regulations of the corresponding departments and agencies of Richmond County, shall be effective, as rules and regulations of the appropriate department or agency of the Unified Government until they have been repealed, modified or amended. Section 20.02. Property Rights, Contracts, Obligations, Causes of Action, and Legal Proceedings Continued . All

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rights, titles, and interests in all real and personal property vested in the City of Augusta or Richmond County shall be vested in the Unified Government. All rights and obligations under contracts, trusts, leases, bonds, orders or other instruments, shall continue in effect according to the terms and conditions thereof as obligations and rights of the Unified Government. No pending action or proceeding of any nature (civil, criminal, judicial, administrative or other) by or against the City Council of Augusta or Richmond County or any agency, department, employee, or officer in his official capacity shall be abated or otherwise affected, and the Unified Government shall stand substituted as a party in lieu thereof. Section 20.03. Dissolution of Existing Governments . Until the effective date of this Charter, all powers vested in Richmond County, the City of Augusta, or in their respective officers, agents, or agencies, shall remain in full force and effect. Upon the effective date of this Charter, the Board of Commissioners of Richmond County, the Mayor of the City of Augusta, and the Council of the City of Augusta and the officers and all members thereof, shall stand abolished, and all remuneration and emoluments appertaining thereto shall cease. All boards, commissions, departments, authorities, offices, and agencies of the City of Augusta and of Richmond County (except for the Board of Education and such boards, commissions, authorities and agencies as have been or may be created by and pursuant to the General Laws of the State of Georgia) shall continue to operate as heretofore until the Commission makes provision for their consolidation, reorganization, or transfer of functions and shall, until that time, function as representatives of the Unified Government and be subject to the control and direction of the Commission. Section 20.04. Transfer of Records and Equipment . When boards, commissions, authorities, departments, offices, and agencies of the City of Augusta or of Richmond County are abolished or consolidated by this Charter, all assets, contracts,

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franchises, books, papers, maps, charts, plans, records, other equipment, and personal property in the possession of the same shall be delivered to the boards, commissions, authorities, departments, offices, and agencies to which its rights, powers, duties, and obligations are transferred. Section 20.05. Protection of Existing Employees . Upon the effective date of this Charter, all permanent employees of the City of Augusta and Richmond County and all permanent employees of any department, board, authority, commission, office or agency thereof, shall become employees of the Unified Government and shall be assigned to duties as similar in nature as may be practicable within said government; provided, however, nothing herein shall be deemed to confer any vested rights with respect to such employment. In the event any position of employment under the City of Augusta or Richmond County, prior to the effective date of this Charter, is vacated for any reason, the Merit Commission shall be directed to evaluate the necessity of continuing that position under the Unified Government. All permanent employees of the City Council of Augusta and of Richmond County or of any department, office, or agency thereof, entitled to be included in the merit service under the provisions of this Charter, shall immediately become members of the merit service of the Unified Government upon the effective date of this Charter and shall not be required to take an examination for such purpose. Section 20.06. Fiscal Provisions . Supplemental appropriations may be made by the Commission to any department, board, commission, office, or other agency of the Unified Government, following the effective date of this Charter; provided, however, such appropriations shall be made within the structure of the budgets adopted for the previous year by the City of Augusta and Richmond County. Section 20.07. Special Powers During Transition . Not later than ten days following the date of the initial General Election held for electing the first Mayor and other members of the first Commission of the Unified Government, the

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Mayor and the other members of the Commission who have been elected shall take their respective oaths of office and thereupon meet for the purpose of organizing the Commission. The Mayor and the other members of the Commission shall be authorized to receive and expend appropriations from the City Council of Augusta and the Board of Commissioners of Richmond County for the purpose of performing the following responsibilities: (1) Appointing an Administrator, a Commission Auditor and Budget Analyst, a Clerk of Commission, and Department Heads; (2) Planning for and scheduling the initial organization of the Unified Government; (3) Preparing financial data in readiness for the initial budgetary year; and (4) Calling meetings, appointing committees, and performing such other acts as necessary in planning and scheduling for implementation of the Unified Government. Any appointed officer who assumes office prior to the effective date of this Charter, pursuant to this section, shall be entitled to receive compensation for his services during the period from the date his services commence until the effective date of this Charter. Such compensation, to be fixed by the Commission, shall be paid during the period by the Board of Commissioners of Richmond County and the City Council of Augusta. Section 20.08. Cooperation of Former Governments . Until the effective date of this Charter, all elected officials, appointed officers, and employees of the City of Augusta and Richmond County shall cooperative with and assist the Mayor and the other members of the Commission and other officers of the Unified Government in planning for and scheduling the reorganization of departments, boards, commissions, and agencies of said former governments, and in transferring

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the functions, duties, and responsibilities of such departments, board, commissions, and agencies to the appropriate agencies of the Unified Government so that the transfer of the governmental and corporate functions of the former governments shall be accomplished in the most orderly manner possible. The Mayor, the other members of the Commission, and the officers of the Unified Government shall be entitled to examine all records, files, and other data in the possession of the former governments and all officers, officials, and employees and departments thereof. The former governments shall provide office facilities for the appointed officers and employees of the Unified Government. Section 20.09. Contest of Validity of Charter . If any suit or proceeding be filed prior to the effective date of this Charter contesting the validity or constitutionality of this Charter, in whole or in part, or for a judicial interpretation of this Charter or of any of its provisions, the members of the City Council of Augusta and Richmond County Board of Commissioners shall, by majority vote, appoint competent legal counsel to defend and uphold this Charter and the provisions thereof, and their reasonable compensation shall be an obligation of the Unified Government or an obligation of the City of Augusta and Richmond County if the Unified Government shall not have come into existence. Section 20.10. Date and Purpose for Which Charter is Effective . If this Act is approved by the qualified voters of Richmond County, this Act shall become effective on the date of its approval for the purpose of the election of the Mayor and the members of the Commission of the Unified Government and for such other purposes as are provided in this Charter. Except as otherwise provided herein, this Charter shall become effective on January 1, 1979. In the event that the first Mayor and other members of the first Commission are delayed in taking office or in functioning as the governing authority of the Unified Government for any cause, the effective date of this Charter shall be the earliest date thereafter

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when they shall have taken office and shall have commenced to function as the governing authority of the Unified Government. Section 20.11. Referendum . It shall be the duty of the election superintendent of Richmond County to issue the call for an election for the purpose of submitting this Charter to the electors of Richmond County in the manner required by Article XI, Section I, Paragraph VII of the Constitution for approval or rejection. The superintendent shall set the date of such election for May 4, 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 Richmond County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act unifying the governments of the City of Augusta and Richmond County be approved? Referendum. All persons desiring to vote for approval of the Charter shall vote Yes, and those persons desiring to vote for rejection of the Charter shall vote No. If said Charter shall be approved in the manner required by Article XI, Section I, Paragraph VII of the Constitution, it shall become of full force and effect as herein provided, otherwise it shall be void and no force and effect. The expense of such election shall be borne by Richmond 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 20.12. Referendum . Not less than 15 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Richmond County to issue the call for an election for the purpose of submitting to the electors of Richmond County the questions of who shall be Chief Law Enforcement Officer of the Unified Government of Augusta-Richmond County and how the members of the Commission of such Unified Government

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shall be elected. The superintendent shall set the date of such election for May 4, 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 Richmond County. The following propositions and questions shall appear on the ballot: PROPOSITION ONE VOTE FOR ONLY ONE QUESTION IN THIS PROPOSITION Question 1 Elected () Shall the law enforcement powers, duties and functions of the Unified Government of Augusta-Richmond County be performed by the elected Sheriff of Richmond County? Referendum. Question 2 Appointed () Shall the law enforcement powers, duties and functions of the Unified Government of Augusta-Richmond County be performed by a Chief Law Enforcement Officer of the Unified Government who shall be appointed by the Commission of the Unified Government? PROPOSITION TWO VOTE FOR ONLY ONE QUESTION IN THIS PROPOSITION Question 1 () Shall the members of the Commission of the Unified Government of Augusta-Richmond County, except for three at-large members, be elected only by the electors of the representative district from which a candidate offers for election?

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Question 2 () Shall the three at-large members and one-half of the remaining members of the Commission of the Unified Government of Augusta-Richmond County be elected by the vote of all the electors of the entire Unified Government and the remaining members elected by the electors of the representative district from which a candidate offers for election? If, in said election, Question 1 of Proposition One shall receive more votes than Question 2 of such Proposition, and if this Charter shall be approved in the special election provided for in section 20.11, section 15.03.1 of this Charter shall not become effective and the Sheriff of Richmond County shall exercise and possess all of the law enforcement powers, duties, responsibilities and functions within the Unified Government if this Charter shall be approved; otherwise section 15.03.1 shall become effective as herein provided and subsection (b) of section 15.03 shall not become effective, and the Sheriff of Richmond County shall not exercise any law enforcement powers, duties, responsibilities and functions within the Unified Government if this Charter shall be approved. If, in said election, Question 1 of Proposition Two shall receive more votes than Question 2 of such Proposition and if this Charter shall be approved in the special election provided for in section 20.11, section 14.02 of this Charter shall not become effective and the members of the Commission shall be elected in accordance with the provisions of section 14.02.1, if this Charter shall be approved in the special election provided for in section 20.11. If Question 2 of Proposition Two shall receive more votes than Question 1 of such Proposition and if this Charter shall be approved in the special election provided for in section 20.11, section 14.02.1 of this Charter shall not become effective and the members of the Commission shall be elected in accordance with the provisions of section 14.02, if this Charter shall be approved in the special election provided for in section 20.11.

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Section 20.13. Hearings . The Charter Commission in effect on February 15, 1975, shall be required to hold at least one (1) public meeting in each of the Commission Districts designated in this Charter for the purpose of explaining the provisions contained herein. In the event one or more members of that Charter Commission cannot serve, a new member or members shall be appointed by a majority vote of those legislators signing the Conference Committee Substitute to House Bill 1009. Notice of Intent 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, designate, vest powers and duties, set terms and compensation, establish other and different municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards, bureaus, departments, commissions and authorities within the limits of Richmond County; to abolish municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officer, boards, bureaus, and authorities now existing within the limits of Richmond County; to create, transfer or combine and consolidate any or all of the several powers, authorities, duties, liabilities and functions, which now by the Constitution of Georgia or by other provisions of law, may be vested in any municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board, bureau, department, commissioner authority now existing within the limits of Richmond County; to create two or more taxing districts within the limits of Richmond County so as to permit different rates of taxation where services rendered in such districts vary; to authorize the transfer of government property to any combined or consolidated government; to provide for the preservation of all existing civil service, pension and retirement rights, to provide for the assumption of obligations including any bonded indebtedness and any indebtedness under the Georgia Revenue Bond Law outstanding against any existing government, governing authority, political subdivision or public agency within Richmond County

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by any appropriate successor; to provide for methods and procedures to effectuate the same; to provide that the effectiveness of said bill as the same may be enacted into law shall be contingent upon its approval by a majority vote of the qualified voters of Richmond County who vote at the public referendum to be held to approve the same; to provide an effective date; and for other purposes. This 26th day of December, 1974. A. J. Connell Representative, 87th District, Post 2 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 9, 16 and 23, 1975. 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 7, 1976.

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COMPENSATION TO THOMAS DALE MEADOR PROVIDED. No. 148 (House Resolution No. 664-1762). A Resolution. Compensating Mr. Thomas Dale Meador; and for other purposes. Whereas, on January 17, 1965, Mr. Thomas Dale Meador was traveling south on Georgia Highway 10 at its intersection with Georgia Route 21, four miles south of the limits of Augusta, Georgia; and Whereas, while attempting to make a right-hand turn onto Georgia Highway 21, Mr. Meador's vehicle struck a road marker sign which was planted directly in the center of the median right turn lane, causing damage to Mr. Meador's 1966 Ford Sedan in the amount of $271.60; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Meador, so it is only fitting and proper that he be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to pay the sum of $271.60 to Mr. Thomas Dale Meador 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 7, 1976.

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COMPENSATION TO GROVER McSWAIN PROVIDED. No. 154 (House Resolution 705-1815). A Resolution. Compensating Mr. Grover McSwain; and for other purposes. Whereas, on June 7, 1972, Mr. Grover McSwain was driving his 1971 Chevrolet truck on Route 74 about 1.5 miles west of the City of Thomaston, Georgia; and Whereas, a truck owned by the State Department of Transportation (formerly State Highway Department) and operated by one of its employees collided with Mr. McSwain's truck, causing damages to Mr. McSwain's truck totaling $779.27; and Whereas, Mr. McSwain received compensation from his insurance company covering such loss, with the exception of $100.00; and Whereas, the accident occurred when the Department of Transportation truck attempted to make a U-turn and the driver failed to yield right-of-way, and the said accident occurred through no fault or negligence of Mr. McSwain and it is only fitting and proper that he be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to pay the sum of $100.00 to Mr. Grover McSwain 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 7, 1976.

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CITY OF MEIGSNEW CHARTER. No. 1424 (House Bill No. 1732). An Act to provide a new Charter for the City of Meigs, Georgia, in the County of Thomas; 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 Meigs, repealing and replacing the charter provided by an Act of the General Assembly approved August 24, 1905 (Ga. L. 1905, p. 999), as amended. The City of Meigs, Georgia, in the County of Thomas and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Meigs, 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 Meigs 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 Meigs, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the

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office of City Hall and to be designated as the case may be: Map (or Description) of the Corporate Limits of the City of Meigs, 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 Meigs, 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 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;

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(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, 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 of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, contruct, 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

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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; (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, 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;

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(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; (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 or garbage, rubbish and refuse; to regulate the collection and disposal or garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recycable materials and the sale of such items;

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(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 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

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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 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 the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Meigs 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 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;

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(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; (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

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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 Meigs 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

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Meigs, 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 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 qualified to vote in municipal elections of the City of Meigs; 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 and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties in office. Section 2.14. Prohibitions . (a) Except as authorized by

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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 2.17. General Power and Authority of the Council . (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Meigs 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 Meigs 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 2.20. Chief Executive Officer . The mayor shall be the chief executive of the City of Meigs. He shall possess, have and exercise all of the executive and administrative powers granted to the city under the Constitution and laws

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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 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 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) 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) approve or disapprove ordinances as provided in 2.38;

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(l) examine and audit all accounts of the city before payment; (m) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (n) perform other duties as may be required by law, this charter or ordinance. Section 2.24. 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 third 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 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 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

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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 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. (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 . 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. Any member of the council shall have the right to request a roll call vote. The affirmative vote of four 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 Meigs 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.

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Section 2.35. Emergency Ordinances . To meet a public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances. 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 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. Section 2.36. Codes of Technical Regulations . (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of section 2.34 (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 2.37. (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

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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 Meigs, 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 this council. Following publication of the first Code of the City of Meigs 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 Department . (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 office, positions of employment, departments and agencies of the city.

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(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 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 and such 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 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

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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 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 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, in so doing, the council may specifically delegate to the city manager any of the administrative 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

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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 duties as may be required of him by virtue of his position as city attorney. Section 3.40 . 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. 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 Meigs 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.

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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 Meigs. 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 Meigs 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 serve at the discretion of

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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 Meigs 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 $100.00 or imprisonment for 30 days, or both. 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 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

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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 Meigs 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 Meigs 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 Thomas 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

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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 defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections; Time for Holding . An election shall be conducted in said city on the second Tuesday in January of each year. The mayor shall be elected at each election for a term of office of one year and until his successor is duly elected and qualified. On the second Tuesday in January, 1977, an election shall be conducted in said city to elect successors to the three councilmen whose terms of office are expiring in that year. On the second Tuesday in January, 1978, an election shall be conducted in said city to elect successors to the three councilmen whose terms of office are expiring in that year. Councilmen shall serve for terms of office of two years each and until their successors are duly elected and qualified. 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. Qualifying: Nomination of Candidates; Absentee Ballots . The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination

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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 Meigs. Section 5.20. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Meigs 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, if such vacancy occurs within 12 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; provided, however, that only a councilman may be appointed as mayor. 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) abandonment of office or neglect to perform the duties thereof; (e) wilful violation of any express prohibition of this charter; or (f) failure for any other cause to perform the duties of office as required by this charter or by law.

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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 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 Court of Thomas 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 Meigs. 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 6.12. 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 purposes 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 Meigs is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive.

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Section 6.13. 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 be provided 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, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.14. 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 6.15. 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 Meigs, 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 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 conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy and excise tax not prohibited by general law.

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Section 6.16. 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 Meigs to provide for the cost and expense of providing for 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 6.17. 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 Meigs 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 6.18. 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, and 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

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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 6.19. 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 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.

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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 6.34. Property Tax Levies . The council may levy by ordinance an annual tax on all real and personal property within the City of Meigs. 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 Meigs. 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. 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 Meigs. (b) The council may sell and convey any real or personal property owned or held by the City of Meigs 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.

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(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 Meigs 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 Meigs 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 Meigs 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 for 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.

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Section 7.13. Specific Repealer . An Act incorporating the City of Meigs in the County of Thomas, approved August 24, 1905 (Ga. L. 1905, p. 999), 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, 1976. Section 7.16. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that I shall introduce a bill in the 1976 General Assembly to repeal and replace the present Charter of the Town of Meigs in its entirety and to reincorporate the Town of Meigs in Thomas County, Georgia; describe the corporate limits; provide for municipal government; provide for municipal officials; their election or appointments, term of office, salary and duties; empower said municipality to levy and collect taxes and other revenue and expend same; and for other purposes. This 16th day of January, 1976. Bobby Long Representative District 142 Thomas County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes and says that he is Representative from the 142nd 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 16, 23, 30, 1976. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me this 6th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 7, 1976. COMPENSATION TO DOYLE L. DREW PROVIDED. No. 155 (House Resolution No. 738-1881). A Resolution. Compensating Mr. Doyle L. Drew; and for other purposes. Whereas, on or about September 9, 1975, three inmates of the Youth Development Center in Augusta, Georgia, left the premises of the Center and entered the home of Mr. Doyle L. Drew, causing extensive damage to his residence located at 1916 Phinizy Road in Augusta, Georgia; and

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Whereas, Mr. Drew was required to expend the sum of $1,719.20 in repairing his residence and replacing the damage and stolen items. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Natural Resources is hereby authorized and directed to pay the sum of $1,719.20 to Mr. Doyle L. Drew 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 7, 1976. COMPENSATION TO DANIEL WALL PROVIDED. No. 157 (House Resolution No. 743-1905). A Resolution. Compensating Mr. Daniel Wall; and for other purposes. Whereas, while a patient at Central State Hospital, Mr. Daniel Wall asked certain members of the hospital staff to lock a police scanner radio and a Roberts radio, with a total value of $409.00, in a secure place; and Whereas, the attendants locked these radios in a metal cabinet secured by two iron bars with two padlocks; and Whereas, when Mr. Wall asked for the return of these radios, it was discovered that the padlocks were missing and the radios had been stolen; and Whereas, this theft, which occurred on January 13, 1975, occurred through no fault or negligence on the part of Mr. Wall, so it is only fitting and proper that he be reimbursed for his loss.

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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 $409.00 to Mr. Daniel Wall 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 7, 1976. CITY OF LOCUST GROVENEW CHARTER. No. 1428 (House Bill No. 1853). An Act to create a new Charter for the City of Locust Grove, Georgia, in 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 Locust Grove, 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

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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; 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

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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 Locust Grove, approved August 10, 1922 (Ga. L. 1922, p. 885), 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 Locust Grove, 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 Locust Grove, 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 Locust Grove 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 Locust Grove, 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 Locust Grove, Georgia. Alterations in these boundaries shall be indicated by appropriate

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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 Locust Grove, 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;

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(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 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,

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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, 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;

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(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; (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;

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(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; (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 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

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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; (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

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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 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

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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 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 Locust Grove, 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.

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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 odd years and three of said councilmen shall be elected in even 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 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 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 2.15. Compensation and expenses . The mayor

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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 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 Locust Grove 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

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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 Locust Grove 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

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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 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

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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 Locust Grove 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

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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 (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; authentication, 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

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the clerk, a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of tis 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 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 Locust Grove, 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 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 Locust Grove 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

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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, 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

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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 manner 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,

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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 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

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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 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 Locust Grove, 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

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(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 Locust Grove. 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 Locust Grove, 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 Locust Grove, 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,

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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, 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 Locust Grove 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

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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 declared forfeited on order of the judge to the City of Locust Grove, 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 Locust Grove granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisance.

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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 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 first Monday in December 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 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

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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 Locust Grove. 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 Locust Grove 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

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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. 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

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1 in each year, shall be subject to the property tax levied by the City of Locust Grove. 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 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 Locust Grove 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.

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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 Locust Grove, 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 6.13. 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 Locust Grove 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 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

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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 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.

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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

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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 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.

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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 Locust Grove. 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 Locust Grove. 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 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 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

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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. 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 Locust Grove. (b) The Council may sell and convey any real or personal property owned or held by the City of Locust Grove 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

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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 Locust Grove, 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 Locust Grove 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 Locust Grove not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended. Section 7.12. Mayor and Council Continued . The mayor and councilmen of the City of Locust Grove, serving as such on the effective date of this Act, shall continue to serve out the terms of office to which they were elected. Their successors shall be elected as provided for in sections 2.11 and 5.10. Section 7.13. 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 7.14. 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

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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 7.15. Specific repealer . An Act incorporating the City of Locust Grove in the County of Henry, approved August 19, 1922 (Ga. L. 1922, p. 885), as amended, is hereby repealed in its entirety. Section 7.16. Severability . If any article, section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.17. Effective date . This Act shall become effective July 1, 1976. Section 7.18. 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 1976 session of the General Assembly of Georgia, a bill to create a new charter for the City of Locust Grove; and for other purposes. This 19th day of January, 1976. 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,

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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 22, 29, and February 5, 1976. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 7, 1976. HENRY COUNTY SMALL CLAIMS COURT CREATED. No. 1429 (House Bill No. 1857). An Act to create and establish a Small Claims Court in and for Henry 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;

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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 validating the acts of said court and the proceedings therein; to provide 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 . There is hereby created and established a Small Claims Court in and for Henry County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Creation. Section 2 . Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Henry County, at least twenty-two years of age 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 senior judge of the Superior Court of Henry 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. Vacancy.

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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 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

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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 litigant the right to proceed further in any pending case.

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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 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

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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. 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 senior judge of the Superior Court of Henry 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

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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 therof 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 be in lieu of any forms now employed and of any form of summons now provided by law: Forms.

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Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim, and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim, which is to be filed with the court may be verified by the plaintiff or his agent as follows:) State of Georgia County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Sworn and subscribed before me, thisday of, 19. You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofdollars ($), as shown by the foregoing statement. The court will hold a

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hearing upon this claim onat.m. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstance to the court. You may come with or without an attorney. (Seal). Section 18 . The initial judge of the Small Claims Court of Henry County shall be appointed by the grand jury of Henry County in session on the effective date of this Act for an initial term of office of four years and until his successor shall be appointed and qualified. Thereafter, successors to the initial judge shall be selected by the grand jury in session immediately prior to the expiration of the respective term for a term of office of four years and until his successor shall be appointed and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Governor, and such successor shall serve for the remainder of the unexpired term. Judge. Section 19 . All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the

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Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Courtroom. Section 20 . Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 21 . 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,

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or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 22 . The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Fines. Section 23 . 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 alljudicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Fees. Section 24 . This Act shall become effective on May 1, 1976. Effective date. Section 25 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 26 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1976 session of the General Assembly of Georgia,

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a bill to create in and for Henry County a Small Claims Court; to provide the procedures connected therewith; and for other purposes. This 19th day of January, 1976. 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 22, 29, and February 5, 1976. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 6th day of February, 1976. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 7, 1976.

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RICHMOND COUNTY MERIT SYSTEM ACTEMPLOYEES COVERED BY ACT PROVIDED, ETC. No. 1442 (House Bill No. 1713). An Act to amend an Act creating a Merit System in Richmond County for employees of Richmond County, approved April 7, 1972 (Ga. L. 1972, p. 3912), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3199) and by an Act approved March 21, 1974 (Ga. L. 1974, p. 2332), so as to provide what employees of the Tax Commissioner, Judge of State Court, Solicitor of State Court, Sheriff of Richmond County, Judge of Civil Court, Associate Judge of Civil Court, Coroner, Judge of Probate Court, Clerk of Superior Court and State Court of Richmond County, Judges of the Superior Court and District Attorney should be placed under or exempt from the Merit System of Richmond County, Georgia; to provide that the governing authority of Richmond County shall have the authority and duty to provide the same employment, pension, and retirement benefits on all employees under the Merit System of Richmond County; to provide for the compensation for members of the Merit System Council; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Merit System in Richmond County for employees of Richmond County, approved April 7, 1972 (Ga. L. 1972, p. 3912), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3199) and by an Act approved March 21, 1974 (Ga. L. 1974, p. 2332), is hereby amended by striking in its entirety, the following paragraph in subsection (b) of section 1, which reads as follows: All elected officials and their employees; the judge, clerk and other employees of the Civil Court of Richmond County; the solicitor and assistant solicitors and employees of the State Court of Richmond County; the county attorney and assistant county attorneys; all deputies and employees

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of the clerk of the Superior Court; the employees of the judges of the Superior Court of Richmond County; the court reporters for the Superior Court, civil court and state court; the clerk and deputy clerks for the ordinary; employees of the Tax Commissioner of Richmond County; employees of the Treasurer of Richmond County; employees and deputy sheriffs of the Sheriff of Richmond County; and employees of the Coroner of Richmond County are all excluded from said merit system; provided, however, any elected official may request that his employees be placed under said merit system and its rules and regulations., and substituting in lieu thereof, two new paragraphs in subsection (b) of section 1 to read as follows: All employees of the Tax Commissioner, Judge of State Court, Sheriff of Richmond County, Judge of Civil Court, Associate Judge of Civil Court, Coroner, Judge of Probate Court, Clerk of Superior Court and State Court of Richmond County, all secretaries of the District Attorney, and all employees of the Solicitor of State Court with the exception of the Assistant Solicitor, are hereby placed under and covered by the Merit System of Richmond County, Georgia, as created and established under the laws of the State of Georgia. All employees of the Judges of the Superior Court of Richmond County are excluded from the provisions of said Merit System. Employees covered. The Board of Commissioners of Richmond County shall have the authority to establish pension plans and retirement benefits for all employees under the Merit System of Richmond County, and shall provide any available and applicable pension and retirement plan established and created by the Board of Commissioners on a uniform basis to all employees under said Merit System. All compensation and increases in compensation for employees under the Merit System shall be provided on a uniform basis pursuant to the existing Ordinance of Richmond County establishing a classification and wage and salary structure for employees of Richmond County, Georgia, and as hereinafter amended, and all personnel requirements shall be governed and determined pursuant to the rules and regulations of the Merit System as

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created and established under the laws of the State of Georgia. Section 2 . Said Act is further amended by striking the following sentence from subsection (c) of section 2: Members of the Merit System Council shall be paid the sum of $10.00 per diem for time actually devoted to the business of the council, not exceeding twenty-five (25) days in any calendar year, and shall be reimbursed for actual necessary travel expense., and substituting in lieu thereof a new sentence in subsection (c) of section 2 to read as follows: Members of the Merit System Council shall be paid the sum of $15.00 per diem for time actually devoted to the business of the council, not exceeding thirty (30) days in any calendar year, and shall be reimbursed for actual necessary travel expense. Compensation of Council. Section 3 . Nothing contained in this Act shall be construed in any manner as authorizing a law enforcement agency to be created or established separate and apart from the Sheriff of Richmond County or the Sheriff's Department of Richmond County, it being the expressed intent of the General Assembly of Georgia in enacting this legislation to preserve in the Sheriff of Richmond County the sole responsibility for law enforcement in said county. Section 4 . This Act shall become effective upon July 1, 1976. 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 there will be introduced in the regular 1976 Session of the General Assembly of Georgia a Bill to amend the Act creating the Richmond County Merit

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System Council (Ga. L. 1972, p. 3912), as amended by Ga. L. 1973, p. 3199, and Ga. L. 1974, p. 2332), to provide what employees of the Tax Commissioner, Judge of State Court, Solicitor of State Court, Sheriff of Richmond County, Judge of Civil Court, Associate Judge of Civil Court, Coroner, Judge of Probate Court, Clerk of the Superior Court and State Court of Richmond County, Judges of the Superior Court and District Attorney shall be placed under or exempt from the Merit System of Richmond County, Georgia; to provide that the Governing Authority of Richmond County shall have the authority and duty to provide the same employment, pension, and retirement benefits for all employees under the Merit System of Richmond County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 4th day of December, 1975. Bernard F. Miles Representative, 86th District Richmond County, Georgia 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 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 10th, 17th and 24th, 1975. /s/ William S. Morris, III President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia

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Sworn to and subscribed before me, this 29th day of December, 1975. /s/ Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved April 7, 1976. CARROLL COUNTY BOARD OF EDUCATIONELECTION PROVIDED, ETC.REFERENDUM. No. 1444 (House Bill No. 2002). An Act to provide for the election of the members of the Board of Education of Carroll County; to provide for education districts and the reapportionment thereof; to provide for the manner of electing members of the board; to provide for definitions; to provide for residency requirements; to provide for qualifications of members of the board and candidates for membership on the board; to provide for initial and subsequent terms of office; to provide for the filling of vacancies; to provide for the rights, powers, duties and obligations of the Carroll County Board of Education; to provide for the compensation and expenses of members of the board; to provide for the appointment of the Carroll County School Superintendent by the Board of Education of Carroll County; to provide for the term and qualifications of the Superintendent; to provide for a referendum; 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 Carroll 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 Carroll County, the Carroll County

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School District shall be divided into five education districts as follows: Members. Education District 1 shall consist of that territory within the Carroll County School District lying within the Villa Rica Census County Division 40. Districts. Education District 2 shall consist of that territory within the Carroll County School District lying within Enumeration Districts 38 and 39 of the Carrollton East Census County Division 15, Enumeration District 35 of the Carrollton West Census County Division 20, and the Temple Census County Division 35. Education District 3 shall consist of that territory within the Carroll County School District lying within Enumeration District 17 of the Bowden Census County Division 5, Enumeration District 36 of the Carrollton West Census County Division 20, and the Mount ZionBowden Junction Census County Division 25. Education District 4 shall consist of that territory within the Carroll County School District lying within Enumeration Districts 14, 15, 16, 18, 19 and 20 of the Bowden Census County Division 5. Education District 5 shall consist of that territory within the Carroll County School District lying within Enumeration Districts 40 and 41 of the Carrollton East Census County Division 15, Enumeration District 37 of the Carrollton West Census County Division 20, and the Roopville Census County Division 30, and the Whitesburg Census County Division 45. For the purposes of this section, Census County Division and Enumeration District 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. Any portion of the Carroll County School District which is not included in any education district described in this section shall be included within that education district contiguous

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to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia. Candidates for election as members of the board shall be eligible for election only from the education district in which they reside, but all members of the board shall be elected by the voters of the entire Carroll County School District. The education districts provided for in this section shall be reapportioned immediately after each United States Decennial Census becomes official. Section 2 . No person shall be eligible for election or membership on the Board of Education of Carroll County unless he has been a resident of Carroll County for two years and a resident of the education district from which he offers as a candidate for at least one year immediately preceding the date of the election and is qualified to vote for members of the General Assembly. In the event a member moves his residence from the education district which he represents, his membership on the board shall immediately become vacant. Eligibility. Section 3 . The members of the Board of Education who are in office on the date of the general election in 1976 and whose terms of office expire on December 31, 1978, shall continue in office until said date. The members who are in office on the date of the general election in 1976 and whose terms of office would otherwise expire on December 31, 1980, shall continue in office until June 30, 1979, at which time their terms shall expire and the members elected from Education Districts 1 and 3, as hereinafter provided, shall take their places as members of the board. At the general election conducted in 1978, there shall be elected one member of the board from each education district. Members elected to represent Education Districts 2, 4 and 5 shall take office on January 1, 1979, and shall serve for a term of office of two years each and until their respective successors are duly elected and qualified. Members elected to represent Education Districts 1 and 3 shall take office on July 1, 1979,

Page 4482

and shall serve for a term of office of three and one-half years each and until their respective successors are duly elected and qualified. Following the initial terms of office specified herein, successors shall be elected at the general election immediately preceding the expiration of the members' respective terms of office, and the terms of office of all members of the Board of Education shall be four years and until their respective successors are duly elected and qualified. Members shall take office on the first day of January following their election. Terms. Section 4 . In the event a vacancy occurs in the membership of the board for any reason, the remaining members of the board shall appoint a duly qualified resident of the education district from which the vacancy occurred to fill such vacancy until the next general election, at which time a successor shall be elected for the remainder of the unexpired term, if more than three months, or for a full term if less than three months remain in the unexpired term. The person so elected shall take office immediately upon his election. Vacancy. Section 5 . The Carroll County Board of Education created by this Act shall be the successor to all rights, powers, duties and obligations of the Carroll County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 6 . Each member of the Carroll County Board of Education shall receive $100 per diem for each day of actual 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. Per diem. Section 7 . The Carroll County School Superintendent elected to office in the general election in 1976, and taking office on January 1, 1977, shall serve for a term of office ending on June 30, 1979, and until his successor is appointed and qualified. Effective on July 1, 1979, the Carroll County

Page 4483

School Superintendent shall be appointed by the Board of Education of Carroll County and shall serve at the pleasure of the Board of Education of Carroll County. The Superintendent shall possess such qualifications as may now or hereafter be provided by law. Section 8 . Not less than 10 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 Carroll County to issue the call for an election for the purpose of submitting this Act to the electors of the Carroll County School District for approval or rejection. The superintendent shall set the date of such election for the date of the general election for members of the General Assembly in November, 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 Carroll County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of members of the Carroll County Board of Education by the voters of the Carroll County School District and the appointment of the Carroll County School Superintendent by the Board of Education of Carroll 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 Carroll 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 4484

Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation Intent. Notice is hereby given that local legislation will be introduced in the 1976 session of the Georgia General Assembly that will provide for a referendum election on the issue of whether or not the Carroll County Board of Education shall be elected with the authority to appoint the Carroll County School Superintendent. By: Rep. Tom Glanton Rep. Ralph Parkman Sen. J. Ebb Duncan Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian legal organ for Carroll County. The following dates, to-wit: January 8, January 15, January 22. Sworn to on the 22nd day of January, 1976. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 22nd day of January, 1976. /s/ Carolyn Sullivan Notary Public Approved April 8, 1976.

Page 4485

ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES

Page 4486

DEKALB COUNTYINCREASE OF CEILING ON PURCHASES WITHOUT OBTAINING BIDS PROVIDED. A Resolution. Whereas, Article XV, Section II of the 1945 Constitution of the State of Georgia to which an amendment was ratified in the General Election held on November 8, 1966, and proclaimed by the Honorable Carl Sanders, Governor of the State of Georgia, on November 28, 1966, authorizes the governing authorities of each county to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this constitution, or any local law applicable thereto, and Whereas, the aforesaid amendment to the Constitution further provides that the county governing authority may amend or repeal the local acts applicable to its governing authority by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart provided a notice containing a synopsis of the proposed amendment or repeal shall have been published in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public and Whereas, the governing authority of DeKalb County, Georgia, has deemed it to be to the best interest for the administration of the financial affairs of the county that the ceiling of one thousand dollars ($1,000.00) on purchases made by the county without obtaining sealed bids thereon be increased to two thousand five hundred dollars ($2,500.00), and

Page 4487

Whereas, in order to accomplish this purpose it is necessary for the local act creating and defining the powers of the present form of county government known as 1956 Ga. L. p. 3237 et. seq. as amended by 1959 Ga. L. 2636, et. seq. and 1961 Ga. L. 3461 et. seq. and as amended by resolution of the board of commissioners adopted April 25, 1967 and March 25, 1969, be amended in certain particulars, and Now therefore, be it resolved by the board of commissioners of DeKalb County, Georgia, and it is hereby resolved by the authority of same: Section I . That 1961 Ga. L. 3461 at p. 3464, 3465, section 4 which law amended 1956 Ga. L. at p. 3247, and 1970 laws at p. 3505, section 11, be and the same is hereby amended by striking therefrom the words one thousand ($1,000.00) dollars and substituting in lieu thereof the words two thousand five hundred ($2,500.00) dollars and adding to said section the following: Provided, however, that purchases are authorized without formal sealed bids 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 price, terms, conditions, of said contract allowing the county of all the benefits of such contract, so that when so amended said section 11 of 1956 Ga. L. at p. 3247 shall read as follows: Section 11. The chairman shall be the chief executive officer of the county government, and shall generally supervise direct, and control the administration of 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. Formal sealed bids, after notice of same has

Page 4488

been published one time in the newspaper in which the sheriff's advertisements of the county are published, must be obtained on all purchases exceeding two thousand five hundred ($2,500.00) dollars; provided, however, that purchases are authorized without formal sealed bids 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 price, terms, conditions, of said contract allowing the County of all the benefits of such contract. Section II . This act as amended shall become effective on January 1, 1973. That this resolution has been presented to the full board of commissioners of DeKalb County at its regular meetings on September 26, 1972 and October 10, 1972, after a synopsis of same has been published in the official organ of DeKalb County once a week for three weeks within a period of sixty days immediately preceding its final adoption on October 10, 1972, such publications having been done as shown by the affidavit of the duly authorized representative of the publisher of the county organ of DeKalb County, a copy of which is attached hereto, and a copy of this entire resolution has been filed with the clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with several copies of same for distribution to those members of the public who desire same. Be it further resolved that the chairman of the board of commissioners of DeKalb County shall consult with the director of finance and such other members of his administrative and advisory staff and take whatever administrative action is necessary to effect the provisions of this resolution, provided however that no changes shall be made in the tax structure of this county, the method of collecting or accounting for taxes not already provided for by general laws of this State or by previous ordinances or resolutions of this commission.

Page 4489

Be it further resolved that upon final adoption of this resolution that a copy of this resolution, a copy of the required notice of publication, and the original affidavit of the duly authorized representative of the newspaper in which such notice was published to the effect that such notice has been published as provided by the law governing such publications be certified as true copies by the clerk of the board of commissioners of DeKalb County and transmitted by certified mail, return receipt requested, to the Honorable Ben W. Fortson, Jr., Secretary of State of the State of Georgia for filing in his office. Adopted this 10th. day of October, 1972. /s/ Clark Harrison Chairman, Board of Commissioners of DeKalb County, Georgia I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners, DeKalb County, Georgia, do hereby certify that the foregoing is a true and correct Copy of a Resolution adopted by said Board in meeting lawfully assembled on 10 day of October, 1972. And same appears in Minutes of said Board this 4 day of September, 1975. /s/ Cal M. Sandman Clerk Board of Commissioners DeKalb County, Ga. Notice. The Board of Commissioners of DeKalb County, Georgia hereby gives notice that it intends at its regular meetings to be held on September 26, 1972, and October 10, 1972 to consider an amendment to Section 11 of Ga. L. 1956, p. 3237 et. seq. as amended. The amendments to be considered are:

Page 4490

(a) The figure one thousand dollars on the last line of the second paragraph is to be deleted and the figure two thousand five hundred dollars is to be substituted. (b) The last line of the second paragraph is to have added to it the following language: Provided, however, that purchases are authorized without formal sealed bids 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 price, terms, conditions, of said contract allowing the County of all the benefits of such contract. The said Section 11, after amendment will read as follows: The chairman shall be the chief executive officer of the county government and shall generally supervise, direct, and control the administration of 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. Formal sealed bids, after notice of same has been published one time in the newspaper in which the sheriff's advertisements of the county are published, must be obtained on all purchases exceeding twenty five hundred dollars provided, however, that purchases are authorized without formal, sealed bids 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 price, terms, conditions, of said contract allowing the County of all the benefits of such contract.

Page 4491

A copy of the above proposed amendment is on file with the Clerk of the Superior Court of DeKalb County, Georgia, and is open to inspection by any interested party. /s/ Clark Harrison, Chairman Board of Commissioners Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is General Manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and further avers that legal notice, a true copy of which is hereto attached was duly published once a week for 3 weeks as required by law, the dates of publication being September 7, September 14, and September 21, 1972. /s/ Britt Fayssoux Sworn to and subscribed before me this 4 day of September, 1975. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires February 10, 1979. Filed in office of Secretary of State September 9, 1975. DEKALB COUNTY PENSION BOARDCERTAIN INVESTMENTS AUTHORIZED. A Resolution. A Resolution pursuant to the Home Rule for Counties amendment to the Constitution, Article XIV, Section II-A, Paragraph I (Ga. Code Ann. 2-8402), to amend Ga.

Page 4492

L. 1962, p. 3088, as amended, so as to allow the Pension Board of DeKalb County to invest in common stock possessing an A-rating or better according to the Standard Poor's index current at the time of investment; to amend section 19 thereof so as to allow same; and for other purposes. Whereas, Article XIV, Section II-A, of the 1945 Constitution of the State of Georgia was amended on November 8, 1966 so as to authorize the governing authority of each county to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with the Constitution, or any local law applicable thereto; and Whereas, the governing authority of DeKalb County, Georgia has deemed it to be in the best interest of the officers, employees and deputies of DeKalb County, as well as the County administration, that the Act creating the DeKalb County Pension Board be amended in certain particulars in order to permit the Pension Board to invest in common stock of corporations rated A- or better according to Standard Poor's rating at the time of investment; and Whereas, in order to accomplish this purpose it is necessary for the local Act creating the Pension Board of DeKalb County known as Ga. L. 1962, p. 3088, as amended by Ga. L. 1964, p. 2550, Ga. L. 1965, p. 3095, Ga. L. 1972, p. 4174, and by subsequent resolutions of this Board, be amended in certain particulars; Now, therefore, be it resolved by the Board of Commissioners of DeKalb County, Georgia, and it is hereby resolved by the authority of same, that Ga. L. 1962, p. 3088, as amended by Ga. L. 1964, p. 2550, Ga. L. 1965, p. 3095, and Ga. L. 1972, p. 4174, and by subsequent resolutions of this Board, be and the same is hereby amended by striking all of section 19 of said Act and substituting in lieu thereof the following:

Page 4493

Section 19. The Pension Board shall have the authority to invest and reinvest money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, as determined by the Board, in securities of the United States of America, including securities of agencies of said government; of the State of Georgia; of DeKalb County; or any other county or municipality of the State of Georgia; or insured savings in savings and loan associations and state and national banks; corporate bonds and debentures rated AA or better according to Moody's or Standard Poor's rating at the time of the investment; corporate stocks which are nonassessable, dividend paying stocks, common or preferred stocks in corporations having and A- rating or better according to Standard Poor's index current at the time of the investment, provided cash dividends of such common stocks shall have been paid out of current earnings in at least two of the last three years preceding the purchase, and provided, further, however, that the Pension Fund shall not own more than fifteen percent (15%) of the issued and outstanding shares of any one corporation; in first loans on real estate that are guaranteed or insured by the Administrator of Veteran Affairs or of the Federal Housing Authority of the United States, provided, however, that these loans are handled and serviced by an investment firm engaged in that business and at a service rate not to exceed the usual charge made by said firm for other like investors, provided, further, that the Pension Board shall not have invested in such loans at any one time more than twenty-five percent (25%) of the entire Pension Fund; and in any other investment recommended by the expert agents and assistants hereinafter provided for. This Act, as amended, shall become effective upon the date it is filed with the Secretary of State of the State of Georgia. This resolution has been presented to the full Board of Commissioners of DeKalb County, Georgia at its regular meetings on June 10 and 24, 1975 after a synopsis of

Page 4494

same had been published in the official organ of DeKalb County once a week for three weeks within a period of sixty days immediately preceding its final adoption on June 24, 1975, such publications having been done as shown by the affidavit of the duly authorized representative of the publisher of the official organ of DeKalb County, Georgia, a copy of which is attached hereto and made a part hereof by reference herein. Be it further resolved, that upon final adoption of this resolution a copy of this resolution, a copy of the required notice of publication, and the original affidavit of the duly authorized representative of the newspaper in which such notice was published to the effect that such notice has been published as provided by law governing such publication be certified as true copies by the Clerk of the Board of Commissioners of DeKalb County, Georgia and transmitted by certified mail, return receipt requested, to The Honorable Ben W. Fortson, Jr., Secretary of State of the State of Georgia, for filing in his office. Adopted this 24th day of June, 1975. /s/ A. C. Guhl Chairman, Board of Commissioners DeKalb County, Georgia Attest: /s/ Cal M. Sandman Clerk, Board of Commissioners DeKalb County, Georgia Approved as to form: /s/ Carl V. Kirsch Assistant County Attorney I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners, DeKalb County, Georgia, do hereby certify that the foregoing is a true and correct Copy of a Resolution adopted by said Board in meeting lawfully assembled on 24th day of June, 1975.

Page 4495

And same appears in Minutes of said Board this 3rd day of July, 1975. /s/ Cal M. Sandman Clerk, Board of Commissioners DeKalb County, Ga. Certification of resolution amending the act creating the Pension Board of DeKalb County, Georgia: I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners of DeKalb County, Georgia, do hereby certify that the foregoing is a true and correct copy of a resolution amending an Act creating the Pension Board of DeKalb County, Georgia adopted by the Commissioners of DeKalb County, Georgia at two regular consecutive meetings held on the following dates, to wit: June 10 and 24, 1975. This 24th day of June, 1975. /s/ Cal M. Sandman Clerk, Board of Commissioners, DeKalb County, Georgia Public Notice. Members of the public are hereby notified that there will be presented before the Board of Commissioners of DeKalb County, Georgia at its regular meetings on June 10 and 24, 1975 at 2:00 p.m. a resolution passed pursuant to the Home Rule Amendment to the 1945 Constitution of the State of Georgia amending section 19 of an Act creating the Pension Board of DeKalb County so as to allow investment by said Board in common stocks having a rating of A-1 according to Standard Poor's current index at the time of investment. Interested members of the public are invited to attend said meetings. Further, a copy of the proposed resolution

Page 4496

to be considered by the Board of Commissioners is on file with the Clerk of the Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. 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 Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the May 29, June 5 and June 12, 1975. /s/ Gerald W. Crane Publisher (by) Samme K. Toycen, Agent Sworn to and subscribed before me, this 12th day of June, 1975. /s/ Samme K. Toycen Notary Public. My commission expires June 26, 1977. (Seal). Filed in office of Secretary of State July 16, 1975. FULTON COUNTYFIRE PREVENTION SYSTEM PROHIBITION REMOVED, ETC. A Resolution. To amend an Act establishing a method for providing Fire Prevention Systems in the unincorporated portion of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3068), as amended, particularly by an Act approved

Page 4497

February 8, 1955 (Ga. L. 1955, p. 2275), an Act approved March 7, 1957 (Ga. L. 1957, p. 2671), an Act approved March 9, 1959 (Ga. L. 1959, p. 2589), an Act approved April 2, 1963 (Ga. L. 1963, p. 2579), an Act approved April 8, 1965 (Ga. L. 1965, p. 3377), an Act approved April 17, 1969 (Ga. L. 1969, p. 2853) and an Act approved April 17, 1973 (Ga. L. 1973, p. 2734), so as to remove the prohibition against the maintenance and operation of a Fire Prevention System; to specifically provide that nothing in said act shall restrict the authority of Fulton County to provide Fire Prevention Systems; to provide an effective date; to repeal conflicting laws and for other purposes. Be it resolved by the Board of Commissioners of Fulton County pursuant to Article XV, section II (2A), Paragraph I of the constitution of the State of Georgia, Ga. Code Ann. 2-8402 as follows: Section 1 . An Act establishing a method for providing fire prevention systems in the unincorporated portions of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3068), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2275), an Act approved March 7, 1957 (Ga. L. 1957, p. 2671), an Act approved March 9, 1959 (Ga. L. 1959, p. 2589), an Act approved April 2, 1963 (Ga. L. 1963, p. 2579), an Act approved April 8, 1965 (Ga. L. 1965, p. 3377), an Act approved April 17, 1969 (Ga. L. 1969, p. 2853), and an Act approved April 17, 1973 (Ga. L. 1973, p. 2734), is further amended by striking from Section 6 of said Act the words: Neither the Board of Commissioners of Roads and Revenues nor any other authority of Fulton County shall, after the 31st day of December, 1951, maintain, operate or continue in existence any fire prevention system except as authorized by this Act. Section 2 . Said Act is further amended by striking therefrom section 6 (b) in its entirety and inserting in

Page 4498

lieu thereof a new section 6 (b), which shall read as follows: Section 6(b). Nothing herein shall be construed to prevent Fulton County from establishing, maintaining or operating any fire prevention system which may be expedient and authorized under other laws and provisions of the Constitution of the State of Georgia. Section 3 . This Act shall become effective upon its final adoption by the Board of Commissioners of Fulton County in accordance with the provisions of Art. XV, Sec. II (2A), Par. I of the Constitution of the State of Georgia (Ga. Code Ann. Sec. 2-8402). Section 4 . All laws or parts of laws in conflict with this Resolution are hereby repealed. Read, considered and adopted first time August 6, 1975, Minute Book T-5. Read, considered and adopted second time, September 3, Minute Book U-5. I do hereby certify that I am the Clerk of the Board of Commissioners of Fulton County and that the within and forgoing represents a true and correct copy of the resolution adopted by said Board on the dates indicated, as shown by the Minutes of the Board of Commissioners of Fulton County. This 21st day of October, 1975. /s/ Albert E. Johnson, Clerk Board of Commissioners of Fulton County Notice of Home Rule Legislation. Notice is hereby given that there will be considered at two (2) regular consecutive meetings of the Fulton County Board of Commissioners, i.e., on August 6, 1975, and September 3, 1975, a proposed amendment to an

Page 4499

Act establishing a method for providing fire prevention systems in the unincorporated portion of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3068) as amended. Said amendment will remove the prohibition against the maintenance and operation of fire prevention systems by Fulton County and will specifically authorize the maintenance and operation of fire prevention systems other than as expressly authorized by said Act. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public. Board of Commissioners of Fulton County By: Albert E. Johnson Clerk, County Commission 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 11th, 18th, and 25th days of August, 1975. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 21st day of October, 1975. /s/ Frances K. Beck Notary Public, Georgia, State at Large. My Commission Expires Jan. 13, 1976. Filed in office of Secretary of State November 3, 1975.

Page 4500

RICHMOND EMPLOYEES PENSION FUND ACT AMENDED. A Resolution. Whereas, Article XV, Section II-A, of the 1945 Constitution of the State of Georgia, an Amendment to the Constitution that was ratified in the General Election held November 8, 1966, and proclaimed by the Honorable Carl E. Sanders, Governor of the State of Georgia, on November 28, 1966, authorizes the governing authorities of each county to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government, including retirement or pension system, for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto; and, Whereas, the aforesaid amendment to the Constitution further provides that the county governing authority may amend or repeal the local laws applicable to its governing authority by resolution or ordinance duly adopted at two regular consecutive meetings of the County governing authority not less than seven nor more than sixty days apart, provided a notice containing a synopsis of the proposed amendment or repeal shall have been published in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of the Superior Court for the County for the purpose of examination and inspection by the public; and, Whereas, the governing authority of Richmond County has deemed it to be in the best interest of the officers and employees of Richmond County, as well as the County administration, that the Act creating the Richmond County Employees' Pension Fund be amended in certain particulars in order to provide for definitions as used in said Act; to abolish the probationary period required; for the administration of the Pension Plan; for the investment

Page 4501

authority of the Board of Commissioners in reference to the Pension Funds; for contributions to the Pension Fund; for cost of living adjustment of benefits; for benefits for survivors; for approval of increase retirement payments made by the governing authority of Richmond County under Ga. L. 1971, pp. 3881; for designated pension for retired County Attorney; and for other purposes; and, Whereas, in order to accomplish this purpose, it is necessary for the local Act creating the Richmond Employees' Pension Fund known as Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, E.S., pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, and Ga. L. 1971, pp. 3881, be amended in certain particulars; Now, therefore, be it resolved by the Board of Commissioners of Richmond County, Georgia, and it is hereby resolved by the authority of same: Section 1 . That Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, E.S., pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, and Ga. L. 1971, pp. 3881, be, and the same is hereby amended by striking all of section 2 of said Act and substituting in lieu thereof the following: Section 2. Definitions . As used in this Act, the following terms and phrases shall have the following meaning, to-wit: (a) County shall mean Richmond County, Georgia. (b) Board shall mean Board of Commissioners of Richmond County which shall act in the dual capacity of administrator of the Plan and Fund. (c) Plan shall mean the Richmond County Pension Plan as contained herein, all amendments thereto which may hereafter be made, and any existing acts of the General Assembly of Georgia pertaining to the Richmond Employees' Pension Fund.

Page 4502

(d) Fund shall mean the Richmond County Pension Fund created in accordance with the Plan. (e) Employee shall mean any employee, officer, appointee or electee of the Board as now constituted or hereafter constituted, and any employee, officer, appointee or electee under any official of the County as now constituted or hereafter constituted, who is elected by the vote of the electorate, but excluding: (1) Any person for whom the County makes contributions directly to another retirement system or pension fund, including the Social Security retirement system; (2) Any person whose customary employment is for less than thirty hours a week or an aggregate of six months in any calendar year; (3) Employees of the Richmond County Department of Health and Department of Family and Children's Services of Richmond County; (4) The County Agent, County Home Demonstration Agent and their employees; and, (5) Officers elected by vote of the electorate. (f) Participant shall mean an employee who becomes eligible to participate in the plan as provided in Section 2(e) herein. (g) Continuous employment shall mean employment unbroken by discharge or resignation. Re-election or re-appointment at the end of a term shall be regarded as continuous employment. (h) Plan year shall mean the twelve-month period ending December 31st of each year. (i) The masculine shall include the feminine, and the singular shall include the plural, whenever the context requires it.

Page 4503

(j) Effective date shall mean as to the original plan, March 1, 1945; and as to this amendment, October 1, 1975. Section 2 . By striking all of section 4 of said Act and substituting in lieu thereof the following: Section 4. Each employee in the employment of the County on September 30, 1975, who was a Participant in the Plan as of such date shall continue to participate herein in accordance with the provisions hereof. No employee hired after September 30, 1975 shall be eligible to become a Participant in this Plan. Section 3 . By striking all of section 5 of said Act and substituting in lieu thereof the following: Section 5. There is created a permanent pension Fund for the benefit of each Employee covered by this Act, and said Fund shall be known as the Richmond County Employees' Pension Fund and shall be kept in a separate account earmarked Richmond County Employees' Pension Fund, with a separate, permanent record thereof. The assets of the Fund shall be held and administered by the Board. The Fund shall consist of all payments by the County and Participants to the Fund and earnings from investments. The assets of the Fund shall be valued as of the end of each plan year, and at any other time required by the Board, and at the then existing book and market value. The Board shall maintain a separate and permanent record of the Fund. All decisions of the Board in regard to the Fund or any payments or withdrawals therefrom shall be recorded in the minutes of the Board and also entered on the permanent record kept by the Board, and such permanent record shall be open to inspection by any interested person at all regular business hours. The Board shall keep the Treasurer and Clerk of the Board bonded at all times and in an amount equal to the total Fund in possession of or under the control of either;

Page 4504

provided, however, that such bond shall not exceed $200,000.00 as to each party. The bond shall also cover any acting Treasurer or Clerk. The Board is authorized to deposit the funds held by it with any bank located in Richmond County, Georgia, as depository. The Board shall have the authority to invest and re-invest money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, as determined by the Board, in securities of the United States of America, including securities of agencies of said government of the State of Georgia; of Richmond County; or any other county or municipality in the State of Georgia; or insured savings in savings and loan associations and state and national banks; corporate bonds and debentures rated AA or better according to Moody's or Standard Poor's rating at the time of the investment; corporate stocks which are non-assessable; dividend-paying stocks, common or preferred, in corporations having an A rating or better according to Standard Poor's index current at the time of the investment, provided cash dividends of such common stocks have been paid out of current earnings in at least two of the last three years preceding the purchase, provided, however, that the Fund shall not own more than fifteen (15%) per cent of the issue and outstanding shares of any one corporation. Withdrawal from the fund for investment purposes shall be accomplished by vouchers drawn by the Treasurer, counter-signed by the Chairman of the Board or his designee. Section 4 . By striking all of section 6 of said Act and substituting in lieu thereof, the following: Section 6. The Board shall control the administration of the Plan hereunder, with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Board shall have the power to construe said Plan and

Page 4505

to determine all questions that shall arise thereunder, and shall also have all the powers elsewhere herein conferred upon it. It shall decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan, and shall determine the benefits to which any Participant or beneficiary may be entitled under the Plan. The decisions of the Board upon all matters within the scope of this authority shall be final and binding upon all parties to this instrument, participants and their beneficiaries. All acts and determinations of the Board shall be duly recorded by the Clerk, or under his supervision and all such records, together with such other documents as may be necessary for the administration of the Plan, shall be preserved in the custody of such Clerk. The members of the Board, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omission and conduct of their duly constituted, agents, and the administration of the Plan, and the County shall indemnify and save each of them harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own wilfull misconduct. The Board shall prepare and distribute to the Employees information concerning the Plan at the expense of the County, in such manner as it shall deem appropriate. To enable the Board to perform its functions, the County shall supply full and timely information of all matters relating to the compensation and length of service of all Participants, their retirement, death or other cause of termination of employment, and such other pertinent facts as the Board may require. The Board shall be entitled to rely upon all tables, valuations, certificates and reports furnished by an

Page 4506

actuary, who shall be a member of the American Academy of Actuaries, or an organization of which one or more members is a member of the American Academy of Actuaries, and upon all certificates and reports made by an accountant selected or approved by the Board. The Board shall be fully protected in respect to any action taken or suffered by it in good faith and reliance upon the advice or opinion of an actuary, accountant or attorney, and all actions so taken or suffered shall be conclusive upon each member of the Board and upon all persons interested in the plan. Section 5 . By striking all of section 7 of said Act and substituting in lieu thereof the following: Section 7. Upon written direction (which may be a continuing one) from the Board as to the name of any person to whom money is to be paid from the Fund and the amount thereof, the Treasurer shall draw checks in the name of the person designated by the Board, and deliver such checks in such manner and amounts and at such time as the Board shall direct. In the event the Board shall deem it necessary to withhold any distribution pending compliance with legal requirements with respect to probate of Wills, appointment of personal representatives, payment of or provision for estate or inheritance taxes, or for death duties or otherwise, the Board shall notify the Treasurer to withhold payment pending receipt of the Board's instructions to make such distribution. Section 6 . By striking all of section 8 of said Act and substituting in lieu thereof the following: Section 8. Contributions by the County shall equal five (5%) per cent of the aggregate of any Employee's earnings, plus such additional amounts as shall be determined by the County, based upon the recommendations of an actuary. County contributions shall be paid to the Fund and shall be used only for the benefit of the Participants and beneficiaries of the Plan.

Page 4507

Section 7 . By striking all of section 9 of said Act and substituting in lieu thereof the following: Section 9. Each Employee shall contribute to the Fund an amount equal to five (5%) per cent of his earnings. Contributions by the Employee shall cease at the earlier of (a) his date of termination of employment for any reason, and (b) his actual retirement date. Employee contributions shall be made by payroll deduction and in such manner as determined by the Board. Section 8 . By striking all of section 13 of said Act and substituting in lieu thereof the following: Section 13. The County, through the Board, shall administer the plan in a uniform and consistent manner with respect to all Employees and shall not permit discrimination in favor of officers, supervisory or highly-paid employees. Section 9 . By striking all of sections 20 and 20(A) of said Act and substituting in lieu thereof the following: Section 20. All increased retirement payments previously granted and adopted by the Board pursuant to the provisions of Ga. L. 1971, pp. 3881 are hereby approved and authorized, and all subsequent increased retirement payments shall be pursuant to provisions of section 20(A) herein. Section 20(A). Any Employee who voluntarily absolutely separates from the service of said Board or from the service of the elective officer by whom he is employed or who is discharged as provided by the Richmond Officers and Employees' Act appearing in Ga. L. E.S., 1937-1938, pp. 875-880 inclusive, as amended or hereafter amended, or who is discharged by the elective officer under whom he is employed, before being retired under any provisions of this Act, shall have returned to him or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes

Page 4508

final, the entire amount of deductions from his salary, wage or remuneration by virtue of this Act, without interest, less any disability payments he has received, and when said sum is returned to said Employee, he shall not have any further claim or right to receive any fund, or payments whatsoever of any kind of character from said Fund. The following definition of terms used in this Section shall apply: (a) Current Cost of Living Index means the average of the monthly Consumer Price Index for the twelve-month period ending December 31st each year as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. (b) Participant Base Index means: (1) For any Participant who dies or retires under the provisions of this Act on or after October 1, 1975, the average of the Consumer Price Index for the twelve-month period ending prior to the date of death or retirement; (2) For any Participant who dies or retired under this Act prior to October 1, 1975, the average of the Consumer Price Index for the calendar year ending December 31, 1975. In the event the base year used in computing the monthly Consumer Price Index should be changed by the Bureau of Labor Statistics, the Board of Commissioners shall, with the advice of the Plan Actuary adjust the Participant Base Index of each retired Participant with benefit payments commencing during the first year in which such change was made so as to effect the original intent of this section in an equitable manner. (c) Adjusted Participant Index means the Participant Base Index adjusted for all percentage adjustments made in benefits prior to the current Annual Adjustment Date.

Page 4509

(d) Annual Adjustment Date means March 1st of each year commencing (a) March 1, 1976 as to any Participant who dies or retires on or after October 1, 1975, and (b) March 1, 1976 as to any Participant who dies or retires on or before October 1, 1975. (e) Annual Adjustment. The Board of Commissioners shall ascertain the current cost-of-living index as of January 1st each year, and the benefits being paid under this Act to any Participant, beneficiary or joint annuitant, as previously adjusted under this section, shall be further adjusted as of the Annual Adjustment Date as follows: (1) If the current cost-of-living index is more than one-hundred (100%) per cent of the Adjusted Participant Index, the benefit shall be increased by a percentage equal to the difference between (a) the percentage representing the current cost-of-living index divided by the Adjusted Participant Index and (b) 100%. (2) If the current cost-of-living index is less than 100% of the Adjusted Participant Index, the benefit shall remain unchanged. (3) Notwithstanding the foregoing provisions of this section, no increase in the amount of the monthly retirement benefit due to changes in the current cost-of-living index, effective at any Annual Adjustment Date, shall be in excess of 3% of the amount of the monthly retirement benefit payable immediately prior to such date. Section 10 . By striking all of sections 24(A) and 24(B) of said Act and substituting in lieu thereof the following: Section 24(A). The surviving spouse of any retired Employee shall receive one-half of the benefits of the deceased Employee, under the provisions of this Act, until such time as the surviving spouse shall remarry or dies. Any Employee of the County who is included under the Richmond County Pension Fund, after retirement, who

Page 4510

dies prior to receiving from said Fund an amount equal to the amounts which have been paid into such Fund from his or her wages while so employed, shall be entitled to have the difference paid to his or her surviving spouse, if one, and if not, to the representatives of his or her estate; provided, however, the surviving spouse is not entitled to receive the pension provided for in the first paragraph of 24(A). Section 24(B). The Pension or Retirement Pay for any retired County Attorney who retired under this Act prior to the provisions of this Resolution shall be computed as if the total compensation for the County Attorney of Richmond County, Georgia is $20,000.00 per annum, notwithstanding what amount the County incurred or spent per annum for legal services, and said pension or retirement payment shall be computed from January 1, 1973. Section 11 . All laws or parts of laws in conflict with this Act are hereby repealed. Section 12 . This Act as amended, shall become effective October 1, 1975. Adopted the 2nd and 16th day of September, 1975. /s/ Edward M. McIntyre Chairman, Board of Commissioners, Richmond County, Georgia ATTEST: /s/ J. Lester Newsome Clerk, Board of Commissioners Richmond County, Georgia Public Notice. The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond

Page 4511

County, Georgia, at its regular meetings on September 2nd and September 16, 1975, a Resolution to amend the Act, creating the Richmond Employees' Pension Fund known as Ga. L. 1945, pp. 748, as amended. The public is hereby further notified that it is necessary for the Board of Commissioners to adopt said Resolution at two consecutive meetings held not less than seven or more than sixty days apart, which Resolution specifically states the changes to be made in the original Act, the Authority to amend the original Act having been granted by Article XV, Section 11-A of the 1945 Constitution of the State of Georgia, by Amendment ratified in the General Election held November 8, 1966, and proclaimed by Honorable Carl E. Sanders, Governor, on November 28, 1966. The public is hereby further notified that said Resolution provides for definitions as used in said Act; to abolish the probationary period required for the administration of the Pension Plan; for the investment authority of the Board of Commissioners in reference to the Pension Funds; for contributions to the Pension Fund; for cost-of-lying adjustment of benefits; for benefits for survivors; for approval of increased retirement payments made by the governing authority of Richmond County under Ga. L. 1971, pp. 3381; for designated pension for retired County Attorney; and for other purposes. The public is further notified that a copy of the proposed Resolution has been filed with the Clerk of Superior Court of Richmond County, Georgia, City-County Building, 5th Floor, 500 block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk for any member of the public. This 11th day of August, 1975. Robert C. Daniel, Jr. County Attorney Richmond County, Georgia

Page 4512

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 public notice, a true copy of which is hereto attached, being notice of a Resolution to amend the Richmond County Employees' Pension Fund, was duly published once a week for three weeks, as required by law: Said dates of publication being August 14, 21 and 28, 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 29th day of August, 1975. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires Feb. 19, 1977. I, J. Lester Newsome, a duly authorized and acting Clerk of the Board of Commissioners of Richmond County do hereby certify that the attached Resolution is a true and correct copy of the Resolution adopted by the Commissioners of Richmond County, Georgia in two regular consecutive meetings to-wit: September 2nd, 16th, 1975. This 29th day of September, 1975. /s/ J. Lester Newsome Filed in office of Secretary of State, October 1, 1975.

Page 4513

CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

Page 4514

CITY OF ALMACHARTER AMENDEDELECTION PROVISIONS CHANGED. Charter Amendment. Be it ordained by the City of Alma, Georgia, and it is hereby ordained by authority thereof: An act creating a new charter for the City of Alma, Georgia, approved April 4, 1967 (Ga. L. 1967, p. 2643), is hereby amended by striking section 6.01 (Codified as section 33), relating to elections, in its entirety and inserting in lieu thereof a new section 6.01 to read as follows: Section 6.01. Elections; Terms. The office of the Mayor and three seats on the City Council, presently held by Mayor T. D. Mullis, Sr. and Councilman Larry Carter, Archie Smith, and Hubert Salter, whose terms expire on December 31, 1975, shall be filled for a period of two years or until December 31, 1977, in an election to be held on the first Tuesday in November, 1975; and thereafter said three council seats and the office of Mayor shall be filled by election on the first Tuesday of November of all odd numbered years. Said council seats shall be numbered 1, 2, and 3 respectively, that is, the seat now held by Carter shall be seat No. 1, the seat now filled by Smith shall be seat No. 2, and seat now held by Salter shall be seat No. 3. The two seats on the City Council now held by Ozzie Leggett and Larry Murphy, the terms of which expire December 31, 1976, shall be filled by an election held on the first Tuesday in November, 1976; for a term of two years, and thereafter shall be filled for a like term to be held on the first Tuesday of November, in all even numbered years. Said seats shall be designated as seats No. 4 and 5, respectively, that is, the seat now held by Leggett shall be seat No. 4 and seat now held by Murphy shall be seat No. 5. All terms of office shall commence on January 1 of the year following the election. All persons so elected shall serve until their successors are elected and qualified. Any run-off election shall be held on the third Tuesday

Page 4515

in November of said election year. All offices shall be filled by a majority vote. All laws and parts of laws in conflict herewith are hereby repealed. This amendment shall become effective immediately upon passage. First passage on August 18, 1975. Second and final adoption on September 8, 1975. Attest: /s/ Mary A. Stafford City Clerk Notice of Proposed Amendment to City Charter Notice is hereby given that Charter amendments have been proposed which would amend an act creating a new charter for the City of Alma, Georgia, approved April 4, 1967, so as to provide that elections for City officials shall be held on the first Tuesday in November of each election year, and for other purposes. Said proposed charter amendments are on file at the office of the Clerk of the City of Alma, Georgia and at the office of the Clerk of Superior Court for Bacon County, Georgia, and are open for public inspection and examination. /s/ Jimmy J. Boatright City Attorney Georgia, Bacon County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, John Graham, who, on oath deposes and says that he is the president and publisher of the Alma Times, which is the official organ of Bacon County, Georgia, and that a copy of the above and foregoing notice of intention to amend charter was published in the Alma Times on the following dates: August 21, 28 and September 4, 1975. /s/ John Graham Publisher

Page 4516

Sworn to and subscribed before me, this 5th day of September, 1975. /s/ Jimmy J. Boatright Notary Public. (Seal). Filed in office of Secretary of State, January 2, 1976. CITY OF ALMACHARTER AMENDEDFISCAL YEAR. Charter Amendment. Be it ordained by the Mayor and City Council of the City of Alma, Georgia: Sec. 1 . An act creating a new charter for the City of Alma approved April 4, 1967 (Ga. L. 1967, p. 2643), is hereby amended by striking section 76 (Sec. 18.04), in its entirety and inserting in lieu thereof a new section 76 (Sec. 1804) to read as follows: Sec. 76. Fiscal Year. The Mayor and 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. Sec. 2 . All laws and parts of laws in conflict herewith are to the extent of such conflict hereby repealed. Sec. 3 . This law shall become effective upon filing same with the Secretary of State as required by law. FIRST ADOPTION: December 16, 1974. SECOND ADOPTION: January 6, 1975. Attest: /s/ Mary A. Stafford City Clerk

Page 4517

I certify that this is a true copy. /s/ Mary A. Stafford City Clerk CITY OF ALMACHARTER AMENDEDSANITARY AND HEALTH SERVICES. Charter Amendment. Be it ordained by the Mayor and City Council of the City of Alma, Georgia and it is hereby ordained by authority thereof that the Charter of the City of Alma, Georgia, is hereby amended by adding a new section as follows: Sec. 9(25). The Mayor and Council shall have authority by ordinance to provide, for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the City from all individuals, firms and corporations, residing in or doing business in said City benefiting from such services. Such authority shall include 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 property in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all liens except for city and county property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. This Charter amendment shall become effective upon filing same with the Secretary of State as required by law. All Charter provisions in conflict herewith are to the extent of such conflict, hereby repealed.

Page 4518

FIRST ADOPTION: December 16, 1974. SECOND ADOPTION: January 6, 1975. Attest: /s/ Mary A. Stafford City Clerk I certify that this is a true copy. /s/ Mary A. Stafford City Clerk Notice of Intention to Amend Charter. Notice is hereby given that Charter amendments have been proposed which would amend an act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), so as to provide that the Mayor and Council of the City of Alma, Georgia shall have authority by ordinance to provide for and to collect the cost of sanitary and health services from all individuals, firms and corporations, residing in or doing business in said city benefiting from such services, and for other purposes; also to provide that the fiscal year for the city may be changed by ordinance, and for other purposes. Said proposed charter amendments are on file at the office of the Clerk of the City of Alma, Georgia, and at the office of the Clerk of Superior Court for Bacon County, Georgia, and are open for public inspection and examination. /s/ Mary Alice Stafford City Clerk Georgia, Bacon County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Graham, who, on oath, deposes and says that he is the President

Page 4519

and Publisher of the Alma Times, which is the official organ of Bacon County, Georgia, and that a copy of the above and foregoing notice of intention to amend charter was published in the Alma Times on the following dates: December 19, 26, 1974, January 2, 1975. /s/ John Graham Sworn to and subscribed before me, this 5th day of February, 1976. /s/ Jimmy J. Boatright Notary Public (Seal). Filed in office of Secretary of State March 13, 1975. CITY OF ATLANTACHARTER AMENDEDBOARD OF EDUCATION. An Ordinance. An ordinance to amend the charter of the City of Atlanta (Ga. Laws 1973, p. 2188, Et Seq.) by amending section 2-201(b) (1) of an act to reorganize the Board of Education of the City of Atlanta, (Ga. L. 1973, p. 2167, et seq.) so as to change the designation of Director of Finance of the City of Atlanta to Commissioner of Finance of the City of Atlanta; to amend any other provisions of said act designating the Director of Finance of the City of Atlanta by changing the designation to commissioner of Finance of the City of Atlanta; to repeal conflicting laws; and for other purposes. Whereas, section 4-109 of the Act to reorganize the Board of Education of the City of Atlanta (Ga. L. 1973, p. 2167, et seq.) provides that the provisions of said Act shall be deemed a part of the Act creating a new Charter for the City of Atlanta; and,

Page 4520

Whereas, it is desired to make the provisions of said Act correspond to the other provisions of the Charter of the City of Atlanta with respect to changing the designation of Director of Finance of the City of Atlanta to Commissioner of Finance. Now, therefore, be and it is hereby enacted by the Council of the City of Atlanta as follows: Section 1 . That section 2-201(b) (1) of the Act to reorganize the Board of Education of the City of Atlanta (Ga. L. 1973, p. 2167, et seq.), as the same constitutes a part of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq.), as amended, is hereby amended by striking from said section the words Director of Finance of the City of Atlanta and by substituting in lieu thereof the words Commissioner of Finance of the City of Atlanta. Section 2 . That the Act to reorganize the Board of Education of the City of Atlanta (Ga. L. 1973, p. 2167, et seq.), as the same constitutes a part of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq.), as amended, be further amended by striking the words Director of Finance wherever the same may appear and wherever the same relate to the City of Atlanta, and by substituting in lieu thereof the words Commissioner of Finance. Section 3 . That a copy of this proposed amendment to section 2-201(b) (1) of an Act to reorganize the Board of Education of the City of Atlanta (Ga. L. 1973, p. 2167, et seq.) and to amend said Act, as the same constitutes a part of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq.), as amended, shall be filed in the Office of the Clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties 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

Page 4521

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 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 4 . That all laws and parts of laws in conflict herewith are hereby repealed. Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq.) by amending section 2-201(b) (1) of an Act to reorganize the Board of Education of the City of Atlanta (Ga. L. 1973, p. 2167, et seq.) so as to change the designation of Director of Finance of the City of Atlanta to Commissioner of Finance of the City of Atlanta; to amend any other provisions of said Act designating the Director of Finance of the City of Atlanta by changing the designation to Commissioner of Finance of the City of Atlanta; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter, as set forth above, is on file in the Offices of the Clerk of Council of the City of Atlanta and the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 21st day of January, 1975. J. J. Little, Clerk of Council City of Atlanta EXHIBIT A

Page 4522

Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Norma Jackson, 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 7, 1975. /s/ Norma Jackson Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission Expires Jan. 13, 1976. Filed in office of Secretary of State March 7, 1975. CITY OF ATLANTACHARTER AMENDEDCIVIL SERVICE. An Ordinance. An ordinance establishing a system of civil service for the City of Atlanta; providing for a classified service and an unclassified service therein; establishing a position classification plan and a pay plan thereunder; establishing staggered terms of office for members of the civil service board; providing for the establishment by the council of rules governing the manner and method of appointing, employing and dismissing personnel, the terms and conditions of employment, and other matters which promote

Page 4523

the hiring and retaining of capable, diligent, honest career employees; establishing penalties for violations; and for other purposes. Whereas, section 3-501 of the Charter directs that the Council establish by ordinance a system of Civil service for the City of Atlanta. Now, therefore, be it ordained by the Council of the City of Atlanta as follows: Section 1 . The general purpose of this ordinance is to establish a system of sound personnel administration for the City of Atlanta that provides for the recruitment, selection, development, and retention of an effective work force of capable, diligent, and honest career employees. This system shall include policies for employee hiring and advancement, training, career development and safety, position classification and salary administration, effective utilization of personnel and employee performance evaluation, employee relations and the disposition of employee grievances, discipline, discharge and related activities. It shall be the purpose of this ordinance to establish a system in which all personnel matters shall be determined solely on the basis of merit and qualifications, without regard to race, color, sex, national origin, or political affiliation. Section 2 . The following terms when used in this ordinance shall have the following meanings unless the context clearly requires otherwise. a. Appointing Authority means the official or group of officials authorized to make appointments to, or removal from, subordinate positions in the classified service of the City of Atlanta. b. Board means the City of Atlanta Civil Service Board. c. Director means the Director of Bureau of Personnel Operations of the City of Atlanta.

Page 4524

d. Class means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience, or skill, and such other characteristics that the same title, and the same range of compensation have been or may be applied to each position in the group. e. Class Title means the official title used for all personnel and payroll processes. Working titles may be used for other purposes. f. Classified Service shall comprise all positions not specifically included in the unclassified service by this ordinance or by the Charter of the City of Atlanta. A classified position is a position in the classified service. g. Eligible refers to a person who has qualified to be placed on an eligible register. Section 3 . There shall be a Civil Service Board consisting of five members, who shall be appointed by the Mayor with the consent of the Council, and who shall hold office for terms of four years; provided, however, with respect to the initial appointments, two of said members shall hold office for a term of four years, two of said members shall hold office for a term of three years, and one of said members shall hold office for a term of two years. The Board shall conduct its business in the manner provided by the Charter, and shall perform the following function: a. Provide advice and counsel to the Mayor, the Council, the Commissioner of Administrative Services, the Director, and other officers of the City of Atlanta concerning the development, implementation and improvement of the Civil Service System. b. Hold hearings when requested by an employee or an Appointing Authority on proposed demotions, suspensions, dismissals, or other such actions with reference to the classified service, and shall have power to make

Page 4525

final determinations and disposition in such matters. Hearings may also be held for sworn officers who hold the position of captain or any rank below that of captain and other non-sworn employees of the Bureaus of Police and Fire Services when such a hearing is requested by an officer or employee complaining of any personnel action taken within said Bureaus. c. Keep minutes of its meetings and such other record as it may deem necessary. d. Review, and in its discretion recommend amendments to, rules and regulations submitted thereto by the officials responsible for personnel administration. e. Make investigations pertaining to personnel and administration requested by the Mayor or the Council, or on its own motion. f. Establish guidelines for hearing any matters referred thereto by the officials responsible for personnel administration, employees and employee organizations, or Appointing Authorities. g. Receive recommendations from the Labor Relations Bureau and communicate to the Mayor its official position with respect thereto. Section 4 . The Director of the Bureau of Personnel Operations, under the Commissioner of Administrative Services; shall serve as administrative officer of the Board, and attend all meetings of the Board, shall be responsible for planning in connection with and the general administration of the Civil Service System; and shall perform such other duties as may be assigned to him or her by the Mayor or Commissioner of Administrative Services. Section 5 . The Civil Service system shall be divided into the classified service and unclassified service.

Page 4526

(1) The unclassified service shall consist of the following: (a) Officers elected by the people and persons appointed to fill vacancies in such elective offices. (b) Officers and employees specifically exempted by law. (c) Members of boards, councils or special commissions appointed by the Mayor for special purposes; members of boards, councils or commissions created by the Council pursuant to section 3-401 of the Charter; and employees of such boards, councils and commissions, unless the council shall provide otherwise for such employees. (d) All assistants and employees in the department of law. (e) Any employee in the Mayor's office whose position is not by law assigned to the classified service, and whose position shall have been approved by the Board for the unclassified service. (g) Election officials. (h) Heads of departments appointed by the Mayor and confirmed by the Council and heads of bureaus appointed by the Mayor. (i) Sworn employees in the departments of police and fire. (j) Officers and employees of the Atlanta Public Library and its branches. (2) The classified service shall include all other public officers and employees in the Atlanta employment service now or hereafter employed; and all appointments, employments, removals, promotions, transfers, layoffs, reinstatements,

Page 4527

suspensions and changes in grade or title in the classified service shall be made and permitted only as prescribed by law or under the Civil Service rules, and not otherwise. Section 6 . Rules and regulations shall be proposed by the Mayor, reviewed by the Board, for the operation of the Civil Service system which shall provide for the establishment of eligible registers for apointment and promotion; for the certification, appointment and promotion of eligibles; for a period of probation for appointment or promotion to be made permanent; for lay-offs by reason of lack of funds or work, or changes in duties or organization, and for the reinstatement of persons who resign in good standing or are laid off without fault or delinquency on their part; for the discharge, demotion or suspension of permanent employees for cause, and for hearings and appeals in connection therewith; and for programs of employee training and development and safety and for such other studies and programs as will be conducive to an efficient and successful operation of the Civil Service system. Such rules and regulations shall have the force and effect of law at such time as they are adopted by the Council. Section 7 . (a) For purposes of this Ordinance, there shall be maintained at all times a position classification plan and a pay plan for all classes of positions. The pay plan shall consist of a series of pay grades, each successive grade having a higher minimum and higher maximum pay, respectively, than the grade immediately below it; and each class of positions shall be assigned to an appropriate pay grade. (b) To satisfy the requirements of subsection (a) above, the 1974 Classification and Salary Schedule, as the same now appears of file in the records of the Clerk of Council, is hereby adopted and incorporated as a part of this Ordinance. (c) Any amendment to the pay plan by changing a range or ranges of the pay grades or by removing a class

Page 4528

of positions from one pay grade to another, and any amendments to the position classification plan, shall be recommended by the Board and thereafter approved by the Council. (d) All payrolls or other compensation for officers and employees in the classified service shall be checked periodically by the Director at such time as he or she deems appropriate for the proper administration of this Ordinance. (e) No employee within the classified service shall be placed on the payroll of the City until he or she has been properly certified by the Director. (f) The Bureau of Personnel Operations shall be required to maintain records of names, addresses, and other vital statistics on all employees in the classified and unclassified service. Section 8 . (a) No employee in the civil service shall be an officer of a political party or hold political office during his or her employment. (b) No employee, official or person shall solicit any assessments, contributions, or services, for any political party or candidate from any employee in the civil service. (c) Nothing herein contained shall affect the right of the employee to hold membership in, and support, a political party, to vote as he chooses. (d) If an employee offers for election to political office, such employee shall resign from his position with the City of Atlanta, and such resignation shall be effective as of the date of his announcement of such offering or as of the date of his qualification as a candidate for office, whichever is earlier. (e) For the purposes of section 8 only herein above, public elected officials shall not be considered an employee except for subsection (b).

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Section 9 . (a) No person shall in any manner prevent or attempt to prevent the impartial execution of this ordinance or policies or rules promulgated thereunder. (b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or valuable consideration for any appointment, proposed appointment, promotion or proposed promotion, or any advantage in any position with the City of Atlanta. (c) No person shall defeat, deceive or obstruct any person in his right of application, eligibility, certification or appointment under this ordinance, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service. (d) Any person who shall violate any of the provisions of subsections (a), (b) or (c) above shall, for a period of five years, be ineligible for appointment to or employment in a position with the City of Atlanta; and any officer or employee of the City of Atlanta who shall violate any such provision shall be dismissed from any office or position he or she may hold. Section 10 . Since section 3-501 (a) of the Charter of the City of Atlanta provides that any ordinance which makes any change in the positions which were in the classified an unclassified service on the effective date of the Charter shall be adopted according to the home rule procedures of section 69-1017 (b) (1) of the Code of Georgia, and since this ordinance makes minor changes in such positions, a copy of this proposed ordinance shall be filed in the Office of the Clerk of Council of the City of Atlanta and in the Office of the Clerk of the Superior Court of DeKalb County and in the Office of the Clerk of the Superior Court of Fulton County, and the Notice of proposed Ordinance of the City of Atlanta attached hereto, marked Exhibit A, and made a part of this ordinance shall be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta

Page 4530

or the official organ of Fulton County, and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council. Section 11 . All ordinances and parts of ordinances in conflict herewith are hereby repealed. ADOPTED by City Council September 16, 1974, as amended. APPROVED by the Mayor September 23, 1974. A true copy, /s/ J.J. Little Clerk of Council Notice of Proposed Ordinance of the City of Atlanta Notice is hereby given that an ordinance has been introduced in the Council of the City of Atlanta to establish a system of civil service for the City of Atlanta; to provide for a classified service and an unclassified service therein; to establish a position classification plan and a pay plan thereunder; to establish staggered terms of office for members of the Civil Service Board; to provide for the establishment by the Council of rules governing the manner and method of appointing, employing and dismissing personnel, the terms and conditions of employment, and other matters which promote the hiring and retaining of capable, diligent, honest career employees; to establish penalties for violations; and for other purposes which ordinance will modify in minor particulars the positions which were in the classified and unclassified service on the effective date of the Charter. A copy of the proposed ordinance is on file in the Office of the Clerk of Council of the City of Atlanta and the

Page 4531

Office of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 23rd day of August, 1974. /s/ J. J. Little Clerk of Council City of Atlanta EXHIBIT A Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Jody Hudson, who after being duly sworn states under oath that 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 August 23, 30, September 6, 1974. /s/ Jody Hudson Advertising Accounting Sworn to and subscribed before me, this 25th 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 January 22, 1975. Compiler's note: The filed ordinance does not contain (f).

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CITY OF ATLANTACHARTER AMENDEDCIVIL SERVICE BOARD MEMBERS. An Ordinance. An Ordinance to amend the Charter of the City of Atlanta (Ga. L. 1973, pp. 2188, et seq., approved March 16, 1973) so as to amend section 3-503(a) so as to provide that the members of the Civil Service Board shall be appointed by the mayor with the consent of council to four-year staggered terms of office as specified by ordinance of the council; 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 3-503(a) of the Charter of the City of Atlanta (Ga. L. 1973, pp. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by repealing from said section the following words: .....to six-year staggered terms of office as specified by ordinance of the Council., and by substituting in lieu thereof the following words: .....to four-year staggered terms of office as specified by ordinance of the Council., so that said section when so amended shall read as follows: Civil Service Board . (a) There shall be a Civil Service Board, consisting of five members, appointed by the Mayor with the consent of Council to four-year staggered terms of office as specified by ordinance of the Council. Three members shall constitute a quorum. The members shall annually elect one of their number as Chairman. The Mayor may suspend or remove board members for cause, subject to the provisions for notice, trial, and the other provisions of section 3-301 (d).

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Section 2 . That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, pp. 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 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 of the City of Atlanta. Section 3 . That all laws and parts of laws in conflict herewith are hereby repealed. Notice of Proposed Amendment to Charter of The City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, pp. 2188, et seq., approved March 16, 1973), so as to amend section 3-503(a) in order to change the terms of the Civil Service Board members from six-year staggered terms to four-year staggered terms; 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 Superior Court of Fulton County and DeKalb County, Georgia, for the purpose of examination and inspection by the public. This the 25th day of October, 1974. /s/ J. J. Little Clerk of Council City of Atlanta, Georgia EXHIBIT A

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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, January 22, 1975. CITY OF ATLANTACHARTER AMENDEDDEVELOPMENT PLANS PROVIDED. An Ordinance. An Ordinance 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 3-603(a) thereof), so as to provide that the mayor shall submit to the council the

Page 4535

one, five and fifteen year comprehensive development plans not later than its first regular meeting in May of each year and that the council shall adopt such plans not later than the last regular council meeting in June of each year; to repeal conflicting laws and for other purposes. Be and it is hereby ordained by the council of the City of Atlanta, as follows: Section 1 . That section 3-603(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 3-603 and inserting in lieu thereof the following subsection (a): (a) Prior to the preparation of each comprehensive development plan, the Mayor shall have hearings held in each Council District in such manner as the Council shall prescribe by ordinance. The Mayor shall submit to the Council such plans that will include a fifteen year, five year, and a one year Comprehensive Development Plan, along with a Comprehensive Zoning Plan for all property within the City limits. These plans, updated each year, shall be submitted to the Council not later than its first regular meeting in May of each year. The Council shall conduct public hearings concerning such plans. Thereafter, the Council shall adopt such plans, after making any amendments or revisions thereto that the Council considers appropriate, by not later than the last regular Council meeting in June of each year. Such plans shall be effective for the calendar year of adoption. 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 for three weeks in a newspaper

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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 . The effective date of this Ordinance shall be March 1, 1976. Section 4 . That all laws and parts of laws in conflict herewith are hereby repealed. ADOPTED as amended by Atlanta City Council April 7, 1975. APPROVED April 15, 1975. A true copy, /s/ J. J. Little Clerk of Council 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. 58, approved March 16, 1973, and in particular Section 3-603 (a) thereof) so as to provide that the Mayor shall submit to the Council the One, Five and Fifteen Year Comprehensive Development Plans not later than its first regular meeting in May of each year and that the Council shall adopt such plans not later than the last regular Council meeting in June of each year; to repeal conflicting laws and for other purposes. A copy of the proposed amendment to the Charter is on file in the office of the City Clerk of Atlanta and the

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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 4th day of March, 1975. J. J. Little, City Clerk City of Atlanta EXHIBIT A Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Norma Jackson, 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 March 7, 14, and 21, 1975. /s/ Norma Jackson Sworn to and subscribed before me, this 31st Day of March, 1975. /s/ Dennis P. Merton Notary Public, Georgia State at Large. My Commission Expires Aug. 19, 1978. Filed in office of Secretary of State July 10, 1975.

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CITY OF ATLANTACHARTER AMENDEDSALES AND DISPOSITION OF CERTAIN PROPERTY PROVIDED. An Ordinance. An ordinance to amend the charter of the City of Atlanta (Ga. L. 1973, p. 2188), as amended, to provide that the governing body may prescribe different procedures for sales and other disposition of real and personal property acquired pursuant to Title I of The Housing and Community Development Act of 1974 (Public Law 93-383); to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the Council of the City of Atlanta, Georgia, as follows: Section 1 . The Charter of the City of Atlanta (Ga. L. 1973, p. 2188), as amended, is hereby amended by adding the following to section 6-403: The governing body may prescribe different procedures for sales and other disposition of real and personal property acquired by the City pursuant to any approved application or amended application under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383). Section 2 . A copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188) shall be filed in the Office of the Clerk of Council of the City of Atlanta and in the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, and a notice of this proposed amendment to the Charter of the City of Atlanta, in the form attached hereto as Exhibit A and by reference made a part hereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

Page 4539

Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188), as amended, to provide that the governing body may prescribe different procedures for sales and other disposition of real and personal property acquired pursuant to Title I of the Housing and Community Development Act of 1974 (Pub. L. 93-383); to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta, Georgia, and in the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This the 21st day of January, 1975. J. J. Little, Clerk of Council City of Atlanta EXHIBIT A Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Norma Jackson 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

Page 4540

attached hereto and made a part of this affidavit appeared in The Atlanta Constitution February 7, 1975. /s/ Norma Jackson Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission Expires Jan. 13, 1976. (Seal). Filed in office of Secretary of State March 7, 1975. CITY OF BUFORDCHARTER AMENDEDMILLAGE RATE LIMITATION ELIMINATED. An ordinance to amend the charter of the City of Buford by eliminating the millage rate limitation to pay the principal of and interest on the City of Buford's general obligation bonds; providing for the levy on all taxable property, including, but not limited to, real property, in the city of an ad valorem tax as may be necessary to pay said bonds and the interest thereon as same mature without limitation as to rate or amount, and for other purposes: Whereas, Article XV, Section I, Paragraph 1 of the Constitution of the State of Georgia (Ga. Code Ann. 2-8301) provides that: The General Assembly is authorized to provided by law for the self-government of municipalities and to that end is hereby expressly given the authority to delegate its powers so that matters pertaining to municipalities upon which, prior to the ratification of this amended, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be

Page 4541

exercised subject only to statutes of general application pertaining to municipalities. Whereas, as authorized by said provision of the Constitution the General Assembly pursuant to Georgia Laws 1966, p. 296 et seq., known as the Municipal Home Rule Law, provided that municipal charters may be amended by ordinances duly adopted at two consecutive meetings of the governing body not less than seven nor more than sixty days apart, provided a notice containing a synopsis of the proposed amendment shall have been published in the official county organ once a week for three weeks within a period of sixty days immediately preceding the final adoption of such ordinance, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of the County in which such municipality is located and on file in the office of the recording officer of the municipality; and Whereas, section 42 of the Charter of the City of Buford (Ga. L. 1937-38 Extra Sess., p. 953 et seq., as amended by Ga. L. 1974, p. 3041 et seq.) provided, as follows: Section 42. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for the support and maintenance of the government of said City of Buford, including the payment of bonds, interest on the bonded debt, and the creation of a sinking fund for the extinguishment of said bonded debt, and for paving and macadamizing streets, and for all other purposes, the said city commission shall have full power and authority for the assessment, levy, and collection of ad valorem taxes on all real and personal property owned or held within the corporate limits of said city which, under the laws of the State, is subject to taxation, not to exceed twenty-two and one-half (22) mills on the assessed value of all such property. By not later than August 1 of each year, the board of education of the public school system of the City of Buford shall submit to the city commission a proposed budget for the ensuing school year for the support and

Page 4542

maintenance of said public school system, including buildings, repairing buildings and improvement of school properties.; and Whereas, the City of Buford in the near future will issue $1,280,000 principal amount of its School Bonds, dated July 1, 1975, said bonds having been authorized at an election held on May 31, 1975 and having been validated by judgment of the Superior Court of Gwinnett County entered on July 22, 1975; and Whereas, the Commission of the City of Buford has made an independent investigation and it has determined that the charter provision referred to above is unduly restrictive and as a result said School Bonds will not be readily marketable and if said charter provision is amended so as to eliminate the millage rate limitation for the payment of the principal of and the interest on the City's general obligation bonds, said School Bonds can be sold at a substantially lower interest cost than that which would be incurred if the City attempted to sell said bonds impeded by the aforesaid restrictive charter provision; and Whereas, under the Constitution and laws of the State of Georgia the Commission of the City of Buford is authorized to amend the City's charter by eliminating the rate limitation as to the levy of ad valorem taxes to pay general obligation bonds and the Commission of the City of Buford has determined to so amend the Charter of the City. Now, therefore, be it ordained by the Commission of the City of Buford, and it is hereby ordained by authority of same, that pursuant to the Constitution of the State of Georgia and said Municipal Home Rule Law, Section 42 of the Charter of the City of Buford (Ga. L. 1937-38 Extra Sess., p. 953 et seq., as amended by Ga. L. 1974, p. 3041 et seq.), which read, as follows: Section 42. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for the

Page 4543

support and maintenance of the government of said City of Buford, including the payment of bonds, interest on the bonded debt, and the creation of a sinking fund for the extinguishment of said bonded debt, and for paving and macadamizing streets, and for all other purposes, the said city commission shall have full power and authority for the assessment, levy, and collection of ad valorem taxes on all real and personal property owned or held within the corporate limits of said City which, under the laws of the State, is subject to taxation, not to exceed twenty-two and one-half (22) mills on the assessed value of all such property. By not later than August 1 of each year, the board of education of the public school system of the City of Buford shall submit to the city commission a proposed budget for the ensuing school year for the support and maintenance of said public school system, including buildings, repairing buildings and improvement of school properties. be and the same is hereby repealed and is hereby deleted from said City Charter in its entirety and a new section 42 of the Charter of the City of Buford is hereby adopted and is hereby inserted in lieu of said former section 42, which new section 42 shall read as follows: Section 42. That for the purpose of raising revenue for the support and maintenance of the government of said City of Buford and for paving and macadamizing streets, and for all other purposes, the said city commission shall have full power and authority for the assessment, levy, and collection of ad valorem taxes on all real and personal property owned or held within the corporate limits of said city which, under the laws of the State, is subject to taxation, not to exceed twenty-two and one-half (22) mills on the assessed value of all such property. By not later than August 1 of each year, the board of education of the public school system of the City of Buford shall submit to the city commission a proposed budget for the ensuing school year for the support and maintenance of said public school system, including buildings, repairing buildings and improvement of school properties. For the purpose of paying the principal of and

Page 4544

interest on the City of Buford's general obligation bonded indebtedness, there be and there is hereby authorized to be levied and there shall be levied on all taxable property, including, but not limited to, real property, in said City such ad valorem tax without limitation as to rate or amount as may be necessary to pay said general obligation bonds and the interest thereon as same mature. Be it further ordained by the authority aforesaid and it is hereby ordained by authority of same, that a copy of this proposed amendment to the Charter of the City of Buford shall be filed in the office of the Secretary of the Commission of the City of Buford and in the office of the Clerk of the Superior Court of Gwinnett County, Georgia and a notice of this proposed amendment to the Charter of the City of Buford, in the form attached hereto as Exhibit A, which by this reference thereto is incorporated herein and made a part hereof, shall be published once a week for three weeks in the official county organ for Gwinnett County and a copy of said published notice, together with publisher's affidavit, shall be attached to the end of this ordinance and made a part hereof prior to the final adoption of this ordinance by the Commission of the City of Buford and the Secretary of the Commission is hereby ordered and directed to furnish anyone, upon written request, with a copy of the proposed amendment. Be it further ordained by the authority aforesaid and it is hereby ordained by authority of the same, that the Secretary of the Commission of the City of Buford be and the same is hereby ordered and directed to file with the Secretary of the State of the State of Georgia and with the Clerk of the Superior Court of Gwinnett County a certified copy of this ordinance and an affidavit of the publisher of the official county organ for Gwinnett County as to the publication of the notice of the proposed amendment and to which shall be attached a newspaper clipping of such notice and said Secretary of said Commission shall request the Secretary of State of the State of Georgia to provide for the publication and distribution of such amendment as required by law.

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Be it further ordained by the authority aforesaid and it is hereby ordained by authority of the same, that said amendment and this ordinance are not only for the benefit of the residents and taxpayers of the City of Buford, but also are for the benefit of the owners or holders of the City's School Bonds which are to be issued in the near future and after said bonds are issued and delivered and as long as same are outstanding, this ordinance shall not be repealed or rescinded or in any way amended which would adversely affect the rights and interest of the owners or holders of said bonds. Be it further ordained by the authority aforesaid and it is hereby ordained by authority of same, that any and all ordinances and resolutions or parts of ordinances and resolutions in conflict herewith, be and the same are hereby repealed. Georgia, Gwinnett County. I, Judy Martin, Secretary of the Commission of the City of Buford, Georgia, do hereby certify that the foregoing pages constitute a true and correct copy of an ordinance adopted by the Commission of the City of Buford, at the first regular open public meeting duly called and lawfully assembled at 7:00 o'clock, p.m., on the 4th day of August, 1975, and at the second consecutive regular open public meeting duly called and lawfully assembled at 7:00 o'clock, p.m., on the 1st day of September, 1975, pertaining to amending the Charter of the City of Buford, the original of said ordinance being duly recorded in the Minute Book of the Commission of said City, which Minute Book is in my custody and control. Witness my hand and the official seal of the City of Buford, this the 1st day of September, 1975. /s/ Judy Martin Secretary (Seal).

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Notice to the public of a proposed amendment to the charter of the City of Buford. You are hereby notified that an ordinance has been introduced, read and has been first adopted and will be finally adopted at an open public regular meeting of the Commission of the City of Buford to be held on September 1, 1975 to amend Section 42 of the Charter of the City of Buford (Ga. L. 1937-38 Extra Sess., p. 953 et seq., as amended by Ga. L. 1974, p. 3041 et seq.) so as to eliminate and delete therefrom the millage rate limitation applicable to the payment of the principal of and interest on the City's general obligation bonded indebtedness and to authorize and to require the levy of an ad valorem tax without limitation as to rate or amount on all taxable property, including, but not limited to, real property, in said City as may be necessary to pay said general obligation bonds and the interest thereon as same mature. A copy of the proposed amendment to the Charter is on file in the office of the Secretary of the Commission of the City of Buford and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purposes of examination and inspection by the public and the Secretary of the Commission of the City of Buford will furnish anyone, upon written request, with a copy of the proposed amendment. Commission of the City of Buford /s/ Charles C. Martin Chairman /s/ Hubert S. Higgins Member /s/ Phillip Beard Member Attest: /s/ Judy Martin Secretary (Seal).

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Exhibit A Georgia, Gwinnett County. Personally appeared before the undersigned attesting officer in and for said State and County, Bruce R. Still, who on oath deposes and says that he is publisher of The Home Weekly, the newspaper in which sheriff's advertisements appear for said Gwinnett County, and the notice of the proposed amendment to the Charter of the City of Buford, a copy of such notice being attached hereto, was published in said newspaper on the following dates, to-wit: August 14, 21 and 28, 1975. /s/ Bruce R. Still Sworn to and subscribed before me, this 2nd day of Sept, 1975. /s/ Betty M. Reepe Notary Public (Seal). Filed in office of Secretary of State, September 12, 1975. CITY OF COLLEGE PARKCHARTER AMENDEDPENSION FUND. Charter Amendment. Ordinance 74-23A An Ordinance of the Mayor and Council of the City of College Park, Georgia, 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(b)1, Ga. Code 1933 Ann., to amend the Charter of the City of College Park as set out in Ga. L. 1895, Act No. 168, p. 251, as amended, by adding thereto a new section to authorize and empower the City to pay the full contribution to the

Page 4548

employee pension fund, to provide for reimbursement of employee contributions previously made when so qualified, to repeal conflicting laws and for other purposes. Be it ordained by the Mayor and Council of the City of College Park, and it is hereby ordained by the authority of the same that 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(b) 1, Ga. C. 1933 Ann., the Charter of the City of College Park, Georgia, as set out in Ga. L. 1895, Act No. 168, p. 251, as amended, is hereby further amended by adding thereto a new provision to be designated and codified as section 3-35 of the Charter of the City of College Park as the same is set forth and codified in the Code of Ordinances of the City as follows: Section 3-35 (a) Effective July 22, 1974, the Mayor and Council of the City of College Park shall annually appropriate and pay into the pension fund an amount equal to the contributions previously required of the employee as set forth in the employees' selected pension plan. This payment shall be in lieu of the payment previously required of said employees, and shall be in addition to the matching fund required of the City. It is the intent of this provision that the City of College Park pay the entire sum required for the funding of the College Park employee pension fund. (b) Any refund or estate benefit which an employee or his estate become eligible to receive under the law prior to enactment of this amendment shall be limited to the actual contributions paid by said employee prior to this amendment. This amendment to the Charter of the City of College Park, adopted by this ordinance, shall become effective immediately upon the adoption of this ordinance by the Mayor and the Council in filing with the Secretary of the State of Georgia in the Office of the Fulton County

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Superior Court Clerk as required by Section 69-1020, Georgia Code 1933 Annotated, Ga. L. 1965, p. 298. Enacted this 22nd day of July, 1974. /s/ Ralph L. Pressley Mayor Attest: /s/ Scherie Holcomb Clerk Notice. Notice is hereby given that the Mayor and Council of the City of College Park proposes to adopt by ordinance an amendment to the City Charter of the City pursuant to the Home Rule Act of 1965, State of Georgia, which shall authorize and empower the City to pay the full contribution to the employee pension fund, to provide for reimbursement of employee contributions previously made when so qualified. A copy of the proposed Charter amendment is on file in the Office of the Clerk of the City of College Park, City Hall, College Park, and in the Office of the Fulton County Superior Court Clerk, Fulton Courthouse, Atlanta, Georgia, for purpose of examination and inspection by the public. This 24th day of June, 1974. /s/ George E. Glaze City Attorney City of College Park 114 N. McDonough St. Jonesboro, Ga. 30236 Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly

Page 4550

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 25th day of June, 1974, and on the 2nd, and 9th days of July, 1974 as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 2nd day of July, 1975. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 15, 1975. Notice. Notice is hereby given that the Mayor and Council of the City of College Park proposes to adopt by ordinance and amendment to the City Charter of the City pursuant to the Home Rule Act of 1965, State of Georgia, which shall authorize and empower the City to pay the full contribution to the employee pension fund, to provide for reimbursement of employee contributions previously made when so qualified. A copy of the proposed Charter amendment is on file in the Office of the Clerk of the City, College Park, City Hall, College Park, and in the Office of the Fulton County Superior Court Clerk, Fulton Courthouse, Atlanta, Georgia, for purpose of examination and inspection by the public. /s/ George E. Glaze City Attorney City of College Park Georgia, Fulton County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W.

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Crane, publisher of the Southside Sun a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of City of College Park, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 2nd day of July, 1974. /s/ Gerald W. Crane Publisher Sworn to and subscribed before me, this 4th day of August, 1975. /s/ Jean M. Lund Notary Public, Georgia State at Large. My Commission, Expires Jan. 11, 1977. (Seal). Filed in office of Secretary of State, August 11, 1975. COLUMBUSCHARTER AMENDEDMILLAGE LIMITATION REDUCED. No. 75-85. An Ordinance An Ordinance entitled an Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, Ga. L. 1965, pp. 298, et seq., Ga. Code Ann., 69-1015 through 69-1020, amending the Charter of the Consolidated Government of Columbus, Georgia, so as to reduce the milage limitation as set forth in section 7-102 of the Charter of Columbus, Georgia, from 18 mills to 9 mills upon the adoption of the Local Option Sales and Use Tax by the Council of Columbus, Georgia; to repeal conflicting ordinances and charter provisions; and for other purposes. The Council of Columbus, Georgia hereby Ordains: Section 1 . Pursuant to the provisions of the Municipal Home Rule Act of 1965, Ga. L. 1965, pp. 298, et seq., Ga.

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Code Ann. 69-1015 through 69-1020, the Charter of the Consolidated Government of Columbus, Georgia, Ga. L. 1971, Ex. Sess., p. 2007, et seq., specifically Article VII thereof, is hereby amended by adding to section 7-102 thereof the following: In the event that a local option sales and use tax is enacted by the Council of Columbus, Georgia, said 18 mills limitation shall be reduced to 9 mills for the year following the initial year in which the sale and use tax is enacted and for each year thereafter, so that said section 7-102, when thus amended, shall read as follows: Sec. 7-102. Millage limitation . For the purpose of paying the ordinary current expenses of the consolidated government, as such term `ordinary current expenses' is defined in section 92-4102 of the Code of Georgia of 1933, as amended, the Council is hereby empowered and authorized to levy and collect an ad valorem tax upon all property within said government subject to taxation, not to exceed 18 mills upon the assessed value of said property for the year 1971, and 18 mills upon the assessed value of said property for each year thereafter; provided however, that this limitation shall not be deemed to apply to an additional ad valorem tax for hospital purposes as authorized by an Act of the General Assembly, approved February 17, 1949, (Ga. L. 1949, p. 801, et seq.), as now or hereafter amended, nor to any tax to which such limitation is not applicable under the law. In the event that a local option sales and use tax is enacted by the Council of Columbus, Georgia, said 18 mills limitation shall be reduced to 9 mills for the year following the initial year in which the sales and use tax is enacted and for each year thereafter. Section 2 . All laws or parts of laws, ordinances, or charter provisions in conflict herewith are hereby repealed. Section 3 . That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice containing a synopsis of this proposed charter amendment with the certificate of the General Manager of the Columbus

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Ledger, the official organ of the Consolidated Government of Columbus, Georgia, said certificate showing the notice was published once a week for three (3) weeks. Said publication was run within a period of sixty (60) days immediately preceding the date of the day of final adoption of this ordinance. Introduced and read at a regular meeting of the Council of Columbus, Georgia, held on the 26th day of August, 1975. Read a second time and adopted by the Council of Columbus, Georgia, at a regular meeting held on the 2nd day of Sept., 1975, by the affirmative vote of 8 members of the Council. Councilman Barbian voting Yes. Councilman Basset voting Yes. Councilman Batastini voting Yes. Councilman Greenhaw voting Absent. Councilman Hirsch voting Yes. Councilman Land voting Yes. Councilman McClung voting Yes. Councilman Nicas voting Yes. Councilman Powell voting Yes. Councilman Wright voting No. Read again and adopted at the regular meeting consecutive to that meeting aforementioned, by the affirmative vote of 9 members of the Council, on the 9th day of September, 1975. Councilman Barbian voting Yes. Councilman Basset voting Yes. Councilman Batastini voting Yes. Councilman Greenhaw voting Yes. Councilman Hirsch voting Yes. Councilman Land voting Yes. Councilman McClung voting Yes. Councilman Nicas voting Yes.

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Councilman Powell voting Yes. Councilman Wright voting No. /s/ Lemuel H. Miller, Jr. Clerk /s/ Jack Mickle Mayor Submitted to the Mayor for signature, this the 9th day of Sept., 1975 Sec: 3-202(1) /s/ Lemuel H. Miller, Jr. Clerk of Council This ordinance received, signed by the Mayor, at 4: 56 o'clock p.m. on the 9th day of Sept., 1975, and became law at said time received. Sec: 3-202(2) /s/ Lemuel H. Miller, Jr. Clerk of Council Notice of Intention to Amend the Charter of the Consolidated Government of Columbus, Georgia by Ordinance. Columbus, Georgia. Notice is hereby given that an Ordinance will be introduced in the Council of Columbus, Georgia, to be adopted at two (2) regular consecutive meetings on or before September 18, 1975, said proposed Ordinance amending the Charter of Columbus, Georgia, so as to reduce the millage limitation as set forth in Section 7-102 of the Charter of Columbus, Georgia, from 18 mills to 9 mills upon the adoption of the Local Option Sales and Use Tax

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by the Council of Columbus, Georgia, to repeal conflicting ordinances and charter provisions; and for other purposes. A copy of the proposed amendment to the Charter of Columbus, Georgia is on file in the office of the Clerk of Council of Columbus, Georgia, and also on file in the office of the Clerk of the Superior Court of Muscogee County, Georgia, for the purpose of examination and inspection by the public. This the 22nd day of August, 1975. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, the undersigned officer duly authorized to administer oaths in said State and County, Glenn Vaughn, Jr., who on oath deposes and says that he is the General Manager of the Columbus Ledger, the newspaper published in Columbus, Georgia, and the official organ of the Consolidated Government of Columbus, Georgia, and that the foregoing and attached notice was duly published therein once a week for three (3) weeks, to-wit: August 22, 1975, August 29, 1975, and September 5, 1975. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 8th day of September, 1975. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia Georgia, Muscogee County: Personally appeared before the undersigned attesting officer, John W. Bloodworth, Clerk of the Superior Court

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for the above State and County, who on oath says that a copy of the foregoing Ordinance to Amend the Charter of the Consolidated Government of Columbus, Georgia, was filed in his office on the 20th day of August, 1975, for the purpose of examination and inspection by the public. /s/ John W. Bloodworth Clerk Sworn to and subscribed before me, this the 20th day of August, 1975. /s/ Hazel R. Jones Notary Public, Muscogee County Georgia. Filed in office of Secretary of State, September 12, 1975. CITY OF DULUTHCHARTER AMENDEDELECTIONS. Ordinance An ordinance to amend the City Charter of the City of Duluth, Georgia (Acts 1958, p. 3148, as amended by Acts 1971, p. 3618, 4042, and 4047), pursuant to the Municipal Home Rule Act of 1965, as amended, to change the date of municipal elections, to raise the maximum fine which may be imposed in the City Court; to change the punishment for contempt in the City Court, to abolish the office of Clerk of the City Court, and to increase the compensation of the Mayor and Councilmen; It is hereby ordained by the City of Duluth, acting through its Mayor and Council, to take effect immediately upon its second adoption within sixty days after the date of initial adoption, the notice required by Ga. Code sec. 69-1017(b) (1) having at the time of second adoption been published once a week for three weeks in the Home

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Weekly, which is the legal organ for Gwinnett County, and other requirements of the Municipal Home Rule Act of 1965, as amended, having been complied with, as follows: Amendment OneChange of Date for City Elections . Section 3 of the Duluth City Charter (Ga. L. 1958, p. 3148, at p. 3151) is hereby amended by changing the date of all general municipal elections for Mayor and Councilmen from the third Saturday in December of each year, to the First Saturday in December of each year. Amendment TwoRaise in maximum fine in City Court . Section 9 of the Duluth City Charter (Ga. L. 1958, p. 3148, at p. 3153) is hereby amended to change the maximum fine which may be imposed in the City Court from two hundred ($200.00) dollars, to six hundred ($600.00) dollars. Amendment ThreeChange in Punishment for contempt . Section 10 of the Duluth City Charter (Ga. L. 1958, p. 3148, at p. 3154) is hereby amended as follows: The maximum penalty and authorized punishment for contempt of court, which punishment heretofore could not exceed a fine of twenty five ($25.00) dollars, or fifteen (15) days imprisonment and labor on the public works of the city, and shall be in the alternative is hereby abolished and repealed. The City Court is hereby empowered to punish for contempt by a fine, not to exceed fifty ($50.00) dollars, or by imprisonment of not more than fifteen (15) days, or by both such fine and imprisonment. Amendment FourClerk of City Court abolished . Section 12 of the Duluth City Charter (Ga. L. 1958, p. 3148, at p. 3154, et. seq.) is hereby amended to abolish the office of Clerk of the City Court, to abolish the requirement that the City Clerk act as Clerk of said Court, the requirement that the City Clerk attend the sessions of said Court, the requirement that the City Clerk attend

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the sessions of said Court, the requirement that the City Clerk keep the minutes of said Court, and the requirements and duties of said Clerk are hereby vested in the Judge of said Court. Amendment FiveCompensation of Mayor and Council Increased . Section 8 of the Duluth City Charter (Ga. L. 1958, p. 3148, at p. 3152, et. seq.) is hereby amended as follows: The maximum compensation allowable to the Mayor of six hundred ($600.00) per annum, and the maximum compensation allowable to each Councilman of one hundred twenty ($120.00) per year, are hereby abolished and repealed. The amount of compensation for the Mayor shall be in the amount of one hundred ($100.00) dollars per month. The amount of compensation for each Councilman shall be twenty five ($25.00) per month. This change in compensation shall become effective upon the taking of office of those elected at the next City general election following the passage of this ordinance by second adoption. First Adoption : Ordained, this 9 day of June, 1975. /s/ Don W. Wilson Mayor /s/ Helen Banks Attest: City Clerk /s/ W. B. Shinley Councilman /s/ Claude D. Mason Councilman /s/ W. M. Jones Councilman /s/ Noel H. Summerour Councilman

Page 4559

Second Adoption: Ordained, this 14th day of July, 1975. /s/ Don W. Wilson Mayor /s/ Helen Banks Attest: City Clerk /s/ Noel H. Summerour Councilman /s/ W. B. Shirley Councilman /s/ W. M. Jones Councilman /s/ Claude D. Mason Councilman /s/ Arthur E. Barker Councilman Georgia, Gwinnett County. I, Helen Banks, do certify that I am the City Clerk for the City of Duluth, Georgia, and that the attached is a true and correct copy of the amendments to the City Charter adopted by the City Council on June 9, 1975, and July 14, 1975. /s/ Helen Banks, City Clerk Sworn and subscribed before me, this 14th day of July, 1975. /s/ Charles S. Hunter Notary Public, State at Large. My Commission Expires May 15, 1978 Notice of Proposed Amendments to City Charter Notice is hereby given that there has been once ordained by the City Council of the City of Duluth, Georgia,

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proposed amendments to the Duluth City Charter, pursuant to the Municipal Home Rule Act of 1965, as amended. Copies of same are on file in the office of the City Clerk, City Hall, Duluth, Georgia, and in the office of the Clerk of the Superior Court of Gwinnett County, at the Courthouse in Lawrenceville, Georgia for inspection by the public. The Council proposes, upon second adoption, to amend said Charter by: changing the date of General Municipal elections from the third Saturday in December, to the first Saturday in December; raising the maximum fine in the City Court to $600.00; raising the maximum fine for contempt in the City Court to $50.00, and to eliminate the requirement of alternative sentences for contempt; to abolish the office of Clerk of the City Court and the duties and requirements of the City Clerk pertaining to said Court; to raise the compensation of the Mayor to $100.00 per month, and of each Councilman to $25.00 per month, effective upon the installation of Councilmen elected at the next election. First ordained, the 9th day of June, 1975. Don Wilson, Mayor William M. Jones, Noel Summerour Claude Mason W. B. Shirley, Councilmen Affidavit. I, Bruce Still, swear and affirm that I am the publisher of the Home Weekly, which is the legal organ in Gwinnett County, Georgia, and that the attached notice of proposed amendments to the Duluth City Charter has been published in the Home Weekly on the following dates: The 18th day of June, 1975; the 25th day of June, 1975; the 2nd day of July, 1975. /s/ Bruce R. Still

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Sworn and subscribed before me, this 7th day of July, 1975. /s/ Betty M. Reepe Notary Public, State at Large Seal. Filed in office of Secretary of State July 16, 1975. CITY OF EAST POINTCHARTER AMENDEDNEW RETIREMENT PLAN. An Ordinance An ordinance to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et. seq.) amending the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several amendatory acts thereof so as to establish a new retirement plan for the employees of the City of East Point, Georgia, and setting forth a joint trust agreement and the contract for the administration of said plan by the City and the Joint Municipal Employees' Retirement System as provided by Ga. L. 1965, p. 421 as amended; to repeal conflicting charter provisions and conflicting ordinances; and for other purposes. Be it ordained by the Mayor and Council of the City of East Point, Georgia, and it is hereby ordained by the Authority thereof: Section 1 . An act establishing a new charter for the City of East Point in Fulton County, and approved August 19, 1912 (Ga. L. 1912, p. 862, et. seq.), as amended, and especially the act approved March 5, 1957, (Ga. L. 1957, p. 2429, et. seq.), as amended, and especially ordinances adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965; p. 298, et. seq.), is hereby further amended by substituting in lieu therefor this new Ordinance

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establishing a new Retirement Plan for the Employees of the City and setting forth a joint trust agreement and a contract for administration of said plan by the City and the Joint Municipal Employees' Retirement System, as provided by Ga. L. 1965, p. 421, as amended, hereinafter contained as Articles I through XV and Appendix A. Section 2 . The rights and obligations of persons who retired prior to the effective date of this Plan are fixed and shall be governed by the retirement or pension plan as it existed and was in effect at the time of such retirement and except as herein otherwise provided, the provisions of the retirement plan in effect prior to the effective date of this Ordinance shall be continued in effect for the purpose of payment of pensions to pensioners retired prior to such effective date and their beneficiaries, if any. An employee who retired under the provisions of any superseded plan prior to January 1, 1975, or the eligible surviving spouse of such an employee, shall be entitled to an increase in monthly benefits effective January 1, 1975 and payable on July 31, 1975 and at the end of each month thereafter equal to the pension payable immediately prior to January 1, 1975 compounded at the rate of three percent (3%) for each complete twelve (12) month period transpired between a retired employee's retirement date and January 1, 1975, irrespective of such employee's demise prior to January 1, 1975. Periods of less than twelve (12) months will be disregarded for the purpose of computing said pension adjustment. However, in no event will any pension payable to an employee who retired prior to December 20, 1971, or the eligible surviving spouse be less than one hundred dollars ($100) per month. This minimum benefit provision is applicable to an eligible employee's surviving spouse where the employee who retired prior to December 20, 1971 dies subsequent to January 1, 1975. Further, an employee who retired prior to January 1, 1975, or the eligible surviving spouse of such an employee shall, beginning January 1, 1976, be entitled to an annual Cost-of-Living Adjustment in their pensions on the same basis

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as an employee retiring subsequent to January 1, 1975 and as specified in Article V, section 5 of the Plan. Section 3 . The retirement benefits of any employee in the active employ of the City on the adoption date of this Ordinance, who immediately prior thereto shall have been included in the superseded plan and who continues to make the contributions required thereunder, who maintains his eligibility as a participant under such superseded plan, and who declines to waive his accrued pension benefits under the retirement plan that was in existence and which is expressly superseded by this Ordinance shall retain any entitlement to benefits originally provided under the superseded plan upon his actual termination of employment and/or attainment of his retirement date in accordance with the provisions of the superseded plan. Such benefit shall be based upon the provisions of the superseded plan, which except as herein otherwise provided, shall be continued in effect for the purpose of the payment of pensions to employees declining to waive their pension benefits in favor of the benefits specified in the plan established by this Ordinance. Benefits afforded under the superseded plan to such employees will be determined in accordance with said superseded plan. Section 4 . A regular Full-Time Employee of the City who immediately prior to the adoption date of the Plan shall have been included in the superseded plan, shall not be deemed to be an Eligible Employee for the purpose of participating in the benefits provided by this Plan unless within thirty (30) days following said adoption date of this Plan he shall have delivered to the pension committee a waiver, in the form provided for such purpose, of the benefits to which he shall then be entitled under such superseded plan, in recognition of the benefits to which he shall be entitled under this Plan. Section 5 . Each Eligible Employee who shall have been included in the superseded plan on the adoption date of this Plan shall be included in this Plan as of its Effective Date, or his employment date, whichever is later, if

Page 4564

within thirty (30) days following the adoption date of this Plan, he shall have delivered to the pension committee a waiver, in the form provided for such purpose, of the benefits to which he shall then be entitled under such superseded plan, in recognition of the benefits to which he shall be entitled under this Plan. Section 6 . If a Participant in this Plan who was included in the superseded plan and who was a Full-Time Employee on the adoption date of this Plan would, on Retirement be entitled to a larger benefit under the superseded plan than under this Plan, he is entitled to receive the larger benefit. Upon termination of employment for any reason other than Retirement of a Participant who was included in the superseded plan, he may elect to receive the benefit which would have been payable under the superseded plan in lieu of any benefit payable under this Plan; such election to be made at the time termination of employment actually occurs. The method of payment of any benefit under this section, any options with respect to such benefits and related matters are governed solely by the provisions of the superseded plan and the superseded plan shall be continued in effect for such purpose. A person who receives a benefit under section 6 is not entitled to any benefit under this Plan. Section 7 . The City hereby terminates the administration of the Trust Fund by the board of trustees established under the superseded plan and hereby terminates the tenure of office of the individual trustee members of said board and does herein appoint the Board of Trustees of the Joint Municipal Employees' Retirement System as the successor trustee. Such trustee shall have all of the powers hereinafter contained. The board of trustees of the superseded plan herein terminated is empowered to transfer any and all assets, records, and property to its successor without undue delay. The present board of trustees shall continue in the capacity of the pension committee and shall serve according to the terms thereof until the new pension committee can be elected and comply with the provisions of Article IX of this new retirement plan. The continuation of the existing Board

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of Trustees of the pension committee shall be vested with all authorities as the pension committee hereinafter established shall be as if fully elected and composed as set forth hereinafter. Section 8 . The City Clerk of said city is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Section 9 . In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions or the other section or sections, subsection, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 10 . Upon its adoption, the effective date of this ordinance shall be January 1, 1975, and charter provisions, ordinances, and parts of ordinances in conflict herewith are hereby expressly repealed. /s/ Marjorie Snyder City Clerk Adopted June 19, 1975. /s/ Bruce Bannister Mayor

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A Retirement Plan for the Employees of the City of EAST POINT, GEORGIA Contract between the Joint Municipal Employees' Retirement System and the City of East Point, Georgia consisting of: 1. Ordinance of the City of East Point 2. A Retirement Plan of the City of East Point 3. A Joint Trust Agreement CONTENTS Article Page I Purpose 1 II Definitions 2-12 III Eligibility, Qualification and Participation 13-18 IV Retirement Eligibility and Dates 20-22 V Retirement Benefits 23-28 VI Optional Forms of Retirement Income 29-31 VII Death or Termination of Employment 32-37 VIII Contributions 38-39 IX Pension Committee 40-41 X Board of Trustees 42-43 XI Joint Trust Agreement 44 XII Claims and Litigation 45 XIII Amendment and Termination 46-50 XIV Miscellaneous 51-55 XV Repealer Clause 56 Signatures 57

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APPENDIX AJoint Trust Agreement Article I Trust Fund A-2 II Powers A-3 III Management of Trust Fund A-4 IV Valuation of Fund A-5 V Audit of Fund A-6 VI Annual Report A-7 VII Expenses A-8 VIII Investment Limit A-9 IX Disbursements from Trust Fund A-10 X Termination A-11 XI Withdrawal of Total Trust Fund A-12 Signatures A-13 ARTICLE I This Ordinance shall constitute the New Retirement Plan of the City of East Point, Georgia for the exclusive benefit of the City Employees according to the terms and conditions hereinafter contained; and when accepted and executed by the authorized officer of JMERS, shall also constitute the Contract between the City and said JMERS, all as authorized and provided by Ga. L. 1965, p. 421, as amended, and said Ordinance and Contract shall be subject to amendment from time to time by the City and by subsequent amendment of the Act above referred to. ARTICLE II. DEFINITIONS The following words and phrases as used in this Ordinance unless a different meaning is plainly required by the Contract, shall have the following meanings.

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Section 1 . Retirement System, System, or JMERS shall mean the Joint Municipal Employees' Retirement System created by Ga. L. 1965, p. 421, as amended. Section 2 . Board of Trustees, Board shall mean the Board of Trustees of the Joint Municipal Employees' Retirement System. Section 3 . Contract shall mean the entire contents of this Ordinance, Plan, and Joint Trust Agreement and any amendments made hereafter. Section 4 . JMERS Investment Fund shall mean the total amounts of all Contributions plus Interest, invested or uninvested, held by the Board of Trustees for all JMERS member municipalities and their Employees where applicable. Section 5 . Trust Fund shall mean the total amounts, invested or univested, held at any time by JMERS in trust for the City under the Joint Trust Agreement attached hereto and denoted as Appendix A. Section 6 . Plan shall mean the provisions of this Ordinance setting forth the employees to be covered, the benefits to be provided and the conditions of retirement and all amendments thereto which may hereafter be made, all shall be known as Retirement Plan for Employees of the City of East Point. Section 7 . Plan Year shall mean each twelve (12) month period ending on the day immediately preceding each January 1, 1975. Section 8 . City, Town, Member Municipality, or Employer shall mean the City of East Point, Georgia. Section 9 . Governing Authority shall mean the Mayor and Council of the City of East Point, Georgia.

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Section 10 . Pension Committee shall mean the committee appointed by the City in this Ordinance to represent the City in the administration of the Plan hereby established. Section 11 . Effective Date of the Plan shall mean January 1, 1975. Section 12 . Enrollment Date shall mean the date that an Eligible Employee becomes a Participant under this Plan. Said date will be established by the Pension Committee on a form provided for that purpose. Section 13 . Employee shall mean any person who is regularly employed in the services of the City and/or the East Point Library. Section 14 . New Employee shall mean any Employee hired or rehired after the adoption date of the Plan except as otherwise provided in Article III, section 3. Section 15 . Full-Time Employee shall mean an Employee who works at least thirty (30) hours per week. Section 16 . Eligible Employee shall mean any Full-Time Employee who comes within the provision of Article III, section 2, and who is not an Ineligible Employee as defined herein. Section 17 . Ineligible Employee shall mean any Employee in the class or classes enumerated in Article III, section 1. Section 18 . Contributions shall mean payments made to JMERS to provide the benefits specified in the Plan. Section 19 . Accumulated Contributions shall mean the sum of the amounts deducted from the Earnings of a Participant and credited to his individual account in the JMERS Investment Fund together with any Interest thereon.

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Section 20 . Interest shall mean a pro rata share of any and all interest, dividends, and/or capital gains or losses realized on the invested or reinvested funds of the JMERS Investment Fund. Section 21 . Participant or Participating Employees shall mean any Eligible Employee who complies with the requirements of Article III, Section 4. Section 22 . Retired Participant shall mean any Participant who has qualified for Retirement under any provision of the Plan and who is entitled to receive any pension provided under the Plan. Section 23 . Terminated Participant shall mean a terminated Employee who has Vested Benefits under any provision of the Plan. Section 24 . Service shall mean regular service rendered as an Employee of the City and/or the East Point Library. Service includes absence from active employment with the City and/or Library under conditions which are not treated by it as a termination of employment. Section 25 . Past Service shall mean the number of years and complete months, determined by the Employer, to represent uninterrupted Service of a Class 1 Participant in the employment of the City and/or Library prior to the Effective Date. Section 26 . Credited Past Service shall mean the number of years and complete months of Past Service creditable for the purposes of computing pensions hereunder as prescribed in Article V, section 1b(1). Section 27 . Credited Future Service shall mean the number of years and complete months, determined by the Employer, to represent uninterrupted credited Service of a Participant in the employment of the City and/or Library from his Enrollment Date in the Plan to the effective date of his Retirement as prescribed in Article V, section 1b(2).

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Section 28 . Total Credited Service shall mean the sum of Credited Past Service and Credited Future Service, as defined herein, of a Participant, but shall be limited to such maximum number of years, if any, as may be prescribed in Article V, section 1b(3). Section 29 . Earnings shall mean the total normal compensation paid to an Employee of the City for Service rendered but shall exclude compensation for overtime, reimbursed expenses, and other unusual compensation. As to an hourly rated Employee, Earnings shall mean the regular hourly wage rate of such Employee multiplied by the number of hours in the regularly scheduled work period of the Employee. In all cases, earnings shall include holiday and vacation pay and payments made by the City and/or Library on behalf of an Employee during periods of authorized absence for illness and other reasons. Section 30 . Annual Earnings shall mean the Earnings, as determined by the Employer, which have been paid to a Participant on account of Service rendered during any consecutive twelve (12) calendar month period preceding his Retirement Date. It shall be limited to such maximum amount, if any, as may be prescribed in Article V, Section 1b(5), of the Plan. Section 31 . Final Average Earnings shall mean the average Annual Earnings computed in accordance with the provisions of Article V, section 1b(4) of the Plan. Section 32 . Retirement shall mean withdrawal from Service with a retirement allowance granted under the provisions of the Plan. The City and/or Library may engage on a retainer or fee basis any person receiving benefits hereunder and such engagement will not terminate or suspend such benefits. Section 33 . Normal Retirement Date shall mean the first day of the month coinciding with or next following the day a Participant qualified for Retirement as provided in Article IV, section 2.

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Section 34 . Early Retirement Date shall mean the first day of the month coinciding with or next following the day a Participant qualified for Retirement as provided in Article IV, section 3. Section 35 . Normal Retirement Age shall mean age fifty (50) for Class 1 Participants and sixty-five (65) for New Employees. Section 36 . Early Retirement Age shall mean age fifty (50) for Class 2 Participants. Section 37 . Monthly Retirement Benefit shall mean the sum of the monthly pension as provided in Article V or any optional benefit payable in lieu thereof as provided in Article VI. Section 38 . Beneficiary shall mean the person designated by the Participant from time to time in writing on prescribed forms, to receive any death benefit. Section 39 . Beneficiary Prior to Retirement shall mean the person, or persons, designated by the Participant from time to time in writing on prescribed forms to receive any death benefit provided for in the Plan by Article VII, section 1. Section 40 . Beneficiary in Retirement, Joint Annuitant shall mean the person designated by the Participant from time to time in writing on prescribed forms to receive any death benefit provided for a Beneficiary after Retirement of a Participant in Article VI, sections 2, 3, and 4 and/or Article VII, section 2b. Section 41 . Actuary shall mean an individual, or firm appointed or approved by JMERS to perform actuarial calculations necessary in the funding of the Plan. Section 42 . Actuarial Equivalent shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the Board of Trustees.

Page 4573

Section 43 . Vesting, Vested Right, Vested Benefit shall mean the rights of a Terminated Participant as specified in Article VII, section 3, of the Plan. Section 44 . Disability shall mean a physical or mental disability of a Participant who because of such disability becomes entitled to receive disability insurance benefits under Title II of the Federal Social Security Act; provided, however, that such Disability shall not have been (a) self-inflicted, (b) incurred in military service, (c) incurred in the commission of a felonious enterprise, or (d) the result of the use of narcotics or drugs or habitual alcoholism. A Participant who is not disabled in accordance with the above definition of Disability solely because he lacks the quarters of social security coverage required to receive a disability insurance benefit under Title II of the Federal Social Security Act shall be under Disability if the Pension Committee shall determine that he is permanently incapacitated on the basis of a certificate signed by a physician selected and engaged by the disabled Participant and stating that (a) such Participant is permanently and totally physically or mentally disabled by anatomical, physiological, or psychological abnormalities that are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, so as to be prevented from engaging in any occupation or employment whatsoever for remuneration or profit; (b) such disability commenced on a specified date during the period of the Participant's employment with the City; (c) such disability will be permanent and continuous during the remainder of the Participant's Life; and (d) such disability was not self-inflicted, incurred in military service, incurred in the commission of a felonious enterprise, or the result of the use of narcotics or drugs or habitual use of alcohol. Section 45 . Disability Retirement Date shall mean the first day of the first calendar month in which a Participant becomes entitled to receive disability insurance benefits under Title II of the Federal Social Security Act, or the first day of the calendar month coinciding with or next following the date a Participant

Page 4574

came under a Disability if such Participant lacks the quarters of social security coverage required to receive a disability insurance benefit under Title II of the Federal Social Security Act. Section 46 . Library shall mean the East Point Library. Section 47 . Current Average Cost-of-Living Index Figure shall mean, as of any date, the average of the November monthly Consumer Price Index figures, relative to the United States as a whole, most recently issued as of such date by the Bureau of Labor Statistics of the United States Department of Labor. Should the monthly Consumer Price index be revised by the Bureau of Labor Statistics, it shall mean the average adjusted by the Pension Committee with the advice of the actuary of the Plan, so as to give effect to such revision in an equitable manner. Section 48 . Cost-of-Living Base Figure shall mean the Current Average Cost-of-Living Index Figure of a Participant as of his actual retirement date or any subsequent annual adjustment date. The Cost-of-Living Base Figure for beneficiaries receiving pension shall be the Current Average Cost-of-Living Index Figure beginning on the annual adjustment date following such beneficiary's entitlement to a pension or any subsequent annual adjustment date. ARTICLE III. ELIGIBILITY, QUALIFICATION AND PARTICIPATION . Section 1. Ineligible Classes of Employees . The following classes of Employees shall not become eligible for participation in the Plan. CLASS 1Employees who regularly work less than thirty (30) hours per week in the Service of the City of any person employed for less than eleven (11) months in any year, or on a retainer or fee basis.

Page 4575

CLASS 2Any person employed by the City to perform scientific, technical, engineering, accounting, legal, or similar expert services in a consulting capacity. CLASS 3Members of the Governing Authority and New Employees who are municipal legal officers. CLASS 4Any participant in any superseded plan declining to waive any entitlement to retirement benefits provided thereunder. Section 2. Eligible Classes of Employees . All Full-Time Employees not excluded by Article III, section 1, shall qualify for participation by meeting the requirements set forth in Article III, section 3. CLASS 1Eligible Employees regularly employed on the adoption date of the Plan and who were participants in any superseded plan. CLASS 2New Employees. Section 3. Qualifications for Participation . a. Each Class 1 Eligible Employee shall be qualified to apply for participation in the Plan on the Effective Date or his employment date, whichever is later. b. Each Class 2 Eligible Employee hired after the Effective Date of the Plan shall be eligible to participate in the Plan on the first day of the month immediately following or coinciding with his employment date as an Eligible Employee; provided, however, that he has not attained age sixty (60). c. Any Eligible Employee hired after the Effective Date of the Plan, whose immediate prior employment was with another city in the JMERS and who was a Participant in that city's plan, shall be allowed to become a Participant on the first day of the month coinciding with or next following the month in which he is employed, regardless of any other requirements in the Article III, section 3.

Page 4576

d. Any Eligible Employee whose employment terminates and who later resumes employment in an Eligible Employee Class shall be considered a New Employee as of his date of reemployment unless he was a former Participant who has not withdrawn his Contributions and Interest, if any, or who repays any amounts previously withdrawn plus interest calculated at a rate of five percent (5%) per annum, and meets one (1) of the following conditions. (1) A former Participant who is reemployed in an Eligible Employee Class within one (1) year after termination of his employment with the City may resume participation on the first day of the month immediately following or coinciding with his reemployment, but the time he was absent shall not be taken into account for the purpose of calculating retirement or termination benefits under the Plan. (2) A former Participant who is reemployed in an Eligible Employee Class more than one (1) year after his date of termination and who spent the interim period in the continuous employment of another city in the JMERS may resume participation on the first day of the month coinciding with or next following the month in which he is reemployed, but the time he was absent shall not be taken into account for the purpose of calculating retirement or termination benefits under the Plan. (3) A former Participant who is reemployed in an Eligible Employee Class after a period of involuntary service in the Armed Forces of the United States, and who meets the provisions of Article III, section 4e, may resume participation on the first day of the month coinciding with or next following the month in which he is reemployed, but the time he was absent shall not be taken into account for the purpose of calculating retirement or termination benefits under the Plan unless otherwise authorized by the Governing Authority. (4) A former Participant who is reemployed in an Eligible Employee Class after being on an authorized leave

Page 4577

of absence and who meets the provisions of Article III, Section 4e, may resume participation on the first day of the month coinciding with or next following the month in which he is reemployed in accordance with the terms of the leave as approved by the Governing Authority. Section 4 . Participation. a. Each Class 1 Eligible employee hired on or before the adoption date who meets the qualifications for participation in the Plan as set forth in Article III, section 3, may become a Class I Participant in the Plan by: (1) Authorizing in writing the City to deduct from his Earnings the Contributions required of him, if any, as provided in Article VIII; (2) Filling with the Pension Committee, on a prescribed form, such information as shall be required by the Pension Committee, which shall include the Employee's acceptance of the terms and conditions of the Plan and designation of a Beneficiary Prior to Retirement. b. Each Class 2 Eligible Employee hired subsequent to the Plan's Effective Date shall on the first day of the month coinciding with or next following the date he meets the qualifications for participation as set forth in Article III, section 3, become a Class 2 Participant in the Plan and shall: (1) Authorize the City in writing to deduct from his Earnings the Contributions required of him as prescribed in Article VIII; and (2) File with the Pension Committee, on a prescribed form, such information as shall be required by the Pension Committee, which shall include the Employee's acceptance of the terms and conditions of the Plan and designation of a Beneficiary Prior to Retirement. c. Participation in the Plan shall not give any Employee the right to be retained in the employ of the City

Page 4578

and/or Library nor, upon dismissal, to have any right or interest in the Trust Fund other than is herein provided. d. Participation shall be deemed to be automatically terminated by a quit, resignation or discharge, by lapse of recall rights after layoff, by ceasing to be an Eligible Employee as defined herein, by failure to return to Service as an Eligible Employee at the end of an approved leave of absence or by electing any refund or failing to make Contributions while eligible and otherwise required to do so. e. The Governing Authority shall determine the date of expiration of any leave of absence granted to a Participant, and if the Participant has not returned to his regular employment as an Eligible Employee in accordance with such determination, his interest, if any, under the Plan shall be only such as existed at the commencement of such leave of absence. If, after a Participant's Enrollment Date, a leave of absence has been or is granted to him for the purpose of involuntary service in the Armed Forces of the United States or for some other purpose as approved by the Governing Authority, he shall for the purposes of the Plan, not be deemed to have broken continuity of Credited Future Service (but such periods of absence shall not be counted as Credited Future Service for the purpose of computing a pension hereunder unless the leave, as authorized by the Governing Authority, specifically permits the Participant to continue accumulating Credited Future Service during the authorized leave of absence) provided: (1) Such a Participant was regularly employed by the City and/or Library immediately prior to his leave of absence, and (2) He makes application for reemployment on or before the date of expiration of any leave of absence or within ninety (90) days after he first becomes entitled to his discharge or release from involuntary service in the Armed Forces of the United States, and

Page 4579

(3) He is reemployed as an Eligible Employee within ninety (90) days after such application, and (4) Such a Participant who was allowed to continue accumulating Credited Future Service during any authorized leave of absence shall not have withdrawn any Contributions from the Trust Fund and shall continue to make required Contributions, if any, during said leave. ARTICLE IV. RETIREMENT ELIGIBILITY AND DATES Section 1. Retirement Eligibility . a. The Retirement prerequisites of a Participant under this Plan are contingent upon the method of Retirement selected by such Participant; that is, Normal Retirement, Early Retirement, Delayed Retirement, or Disability Retirement. The prerequisites associated with each Retirement method shall be as specified below in sections 2, 3, 4, and 5, respectively, of this Article IV. b. Retirement under the Plan is contingent upon the satisfactory completion of a prescribed form provided for such purpose and the acceptance of the Retirement application by the Pension Committee. c. Retirement applications shall be prepared and submitted at such time to reach the office of JMERS no earlier than ninety (90) days and no later than thirty (30) days prior to a Participant's effective Retirement date. Section 2. Normal Retirement Date . a. The Normal Retirement Date of a Class 1 Participant shall be the first day of the month coinciding with or next following the date he has attained age fifty (50) and completed at least eight (8) years of Total Credited Service (excluding any time earned for active duty as a member of the Armed Forces of the United States) or age sixty-five (65) for a Class 2 Participant after completion of at least ten (10) years of Total Credited Service (excluding any time earned for active duty as a member of the Armed Forces of the United States).

Page 4580

b. A Participant shall retire from the employment of the City and/or Library on his Normal Retirement Date except as otherwise provided in this Article IV, section 3 and 4. Section 3. Early Retirement Date . A Participant who is a New Employee may retire from the employment of the City and/or Library on the first day of any month prior to his Normal Retirement Date, provided he has attained at least age fifty (50) and has a minimum of ten (10) years of Total Credited Service excluding any time earned for active duty as a member of the Armed Forces of the United States). Section 4. Delayed Retirement Date . a. A Participant may continue employment with the City and/or Library beyond the Normal Retirement Date by receiving special permission from the Governing Authority. Upon his actual Retirement he shall receive the Delayed Retirement Benefit provided in Article V, section 3. b. Subsequent to the first anniversary of the Effective Date, Retirement may not be delayed beyond age seventy (70). Section 5. Disability Retirement Date . A Participant may retire under the provisions of the Plan on the first day of the first calendar month in which a Participant becomes entitled to receive disability insurance benefits under Title II of the Federal Social Security Act regardless of any age or service restrictions otherwise contained herein. Upon actual Retirement, such Participant shall receive the Disability Retirement Benefit provided in Article V, section 4, or any other Retirement Benefit granted under the Plan for which he is eligible if such benefit is greater than the aforesaid Disability Retirement Benefit. However, under no circumstances shall any Retired Participant be entitled at one time to more than one type of Retirement benefit granted under the Plan.

Page 4581

ARTICLE V. RETIREMENT BENEFITS Section 1. Normal Retirement Benefit . a. A Participant, upon Retirement on his Normal Retirement Date, shall receive a Monthly Retirement Benefit under which payments shall commence on the first day of the month following his Normal Retirement Date and shall be payable on the first day of each month thereafter during his lifetime. The amount of the Monthly Retirement Benefit shall be two and one-quarter percent (2%) of Final Average Earnings multiplied by years of Total Credited Service. b. The following provisions shall apply to the calculation of the above: (1) Credited Past Service (a) Credited Past Service for a Class 1 Participant shall be the amount of service credited or creditable under any superseded plan. (b) Any Eligible Employee who does not elect to become a Participant as of the date he is first qualified to do so may elect to become a Participant on the first day of any succeeding month; provided, however, that the Service of such Participant shall not be creditable for the period of employment from the date he was first qualified to become a Participant to the date he elects to become a Participant, nor for any creditable Past Service due him on the date he was first qualified to become a Participant under the Plan; and, further provided, that he has enough time remaining until Normal Retirement Age to accrue the minimum number of years required for Normal Retirement. (2) Credited Future Service shall be as defined in Article II, section 27, and limited to time spent as a Participant in the active employ of the City, except as provided in Article III, section 4e.

Page 4582

(3) Total Credited Service, both past and future, shall be the sum of Credited Past and Credited Future Service. The amount of Total Credited Service for any Participant shall be unlimited. (4) Final Average Earnings for a Class 1 Participant shall mean the average of the Annual Earnings paid to such Participant during any consecutive twelve (12) month period during the sixty (60) months preceding his actual date of Retirement in which his Earnings were highest. Final Average Earnings for a Class 2 Participant shall mean the average of the Annual Earnings paid to such Participant during any consecutive five (5) year period preceding his actual Retirement Date in which his Earnings were highest. If a Participant has less than five (5) years of Total Credited Service, then his Final Average Earnings shall be his average Earnings for his Total Credited Service. (5) Maximum Annual Earnings to be used for computing Final Average Earnings shall be unlimited. (6) Final Average Earnings as defined in subparagraph (4) above shall be used for computing the Monthly Retirement Benefit. (7) Full months of Credited Past and Future Service shall be treated as fractions of one (1) year. Partial months shall not be included in the calculation. Section 2. Early Retirement Benefit . A Class 2 Participant, upon Retirement on his Early Retirement Date, shall, at his election, receive either: a. An immediate Monthly Retirement Benefit under which payment shall commence on the first day of the month following the Participant's Early Retirement Date and shall be payable on the first day of each month thereafter during the lifetime of the Participant. The amount of each Monthly Retirement Benefit shall be computed in the same manner as for a Normal Retirement Benefit, but based on Annual Earnings and Total Credited Service

Page 4583

up to the Participant's Early Retirement Date, and the benefit so computed shall be reduced on an Actuarially Equivalent basis in accordance with tables and rules in use by JMERS at that time: or b. A delayed Monthly Retirement Benefit under which payment shall commence on the first day of the month coinciding with or next following the Retired Participant's sixty-fifth (65) birthday and shall be payable on the first day of each month thereafter during the lifetime of the Participant. The amount of each Monthly Retirement Benefit shall be computed in the same manner as for a Normal Retirement Benefit, but based upon Annual Earnings and Total Credited Service up to a Participant's Early Retirement Date. Section 3. Delayed Retirement Benefit . The Delayed Retirement Benefit shall be calculated in the same manner as the Normal Retirement Benefit. In determining the Delayed Retirement Benefit, Total Credited Service shall include the sum of Credited Past Service and Credited Future Service accruing after a Participant's Normal Retirement Date. Section 4. Disability Retirement Benefit . The amount of the Disability Retirement Benefit shall be calculated in the same manner as the Normal Retirement Benefit with no actuarial reduction for age imposed. In no event, however, will a Participant's Disability Retirement Benefit be less than twenty percent (20%) of his average monthly Earnings for the twelve (12) calendar month period immediately preceding his termination of employment as a result of a Disability. Section 5. Cost-of-Living Adjustment . a. The amount of the Benefits payable under this Plan to a Participant or his Beneficiary shall be adjusted by the Current Average Cost-of-Living Index Figure as provided herein. b. The current Average Cost-of-Living Index Figure shall be ascertained as of January 1 in each year.

Page 4584

c. Each Monthly Retirement Benefit then being received shall thereupon be adjusted as follows: (1) Each Monthly Retirement Benefit shall be increased by a percentage equal to the percentage representing the Current Average Cost-of-Living Index Figure divided by each recipient's Cost-of-Living Base Figure. If the Current Average Cost-of-Living Index Figure is less than the Average Cost-of-Living Index Figure determined on January 1 of the previous calendar year, no reduction in the Monthly Retirement Benefit shall be effected. Increased benefits are payable at the end of the month in which the adjustment is made. (2) Notwithstanding the foregoing provisions, no increase in the amount of a Monthly Retirement Benefit due to changes in the Current Cost-of-Living Index Figure effective at any annual adjustment date (January 1) shall be in excess of an average increase of three percent (3%) of the amount of the Monthly Retirement Benefits payable immediately prior to each Participant's or Beneficiary's applicable adjustment date. Section 6. Suspension of Benefits . a. Any Retirement pension payable under this Plan to any Participant who shall have retired or been retired pursuant to any provisions of Article IV or whose Service with the Employers shall have terminated on or after his Vesting date shall be suspended as of the date he is reemployed by the Employers except as otherwise provided herein and shall be resumed as of the first day of the month coinciding with or next following his subsequent Retirement. In any case where the payment of a Participant's Retirement pension shall have been so suspended, the Retirement pension payable on his subsequent Retirement (whether before or after his Normal Retirement Date) shall be the benefit computed in accordance with this Article V on the basis of his aggregate Credited Service and on the basis of his Final Average Earnings at the time of his subsequent Retirement but reduced on an acturial basis by the value of any Early Retirement Benefits received

Page 4585

by him prior to being reemployed, except that the resulting benefit shall not be less than the benefit payable at the time of his previous Retirement. The designation of such Participant's Beneficiary in Retirement shall not be affected by the provisions of this section. For the purposes of this section 6, any such Participant's Credited Service subsequent to his reemployment by the Employers shall commence as of the date of his reemployment as an Eligible Employee. b. Any Disability Retirement Pension payable under this Plan to any Participant who shall have retired or been retired pursuant to the provisions of Article IV, section 5, shall be suspended as of the date his Disability ceases. In any case where the payment of a Participant's Disability Retirement pension shall have been so suspended, said period of absence from employment due to such Disability shall be treated as a leave of absence without pay and the provisions of Article III, section 4 shall apply except that such period of absence shall not be counted as Credited Future Service. Any Participant who shall have retired or been retired pursuant to the provisions of Article IV, section 5 and who dies or who has been or shall be subsequently declared ineligible for a Disability Retirement Benefit because of a cessation of said Disability shall have a right to any benefit afforded under any other provision of this Plan to which he or his beneficiary might otherwise be entitled. In such a case any Disability Retirement payments made prior to the date his Disability ceases or is declared to no longer exist shall be retained by the retiree and disregarded in computing any other benefit payable under this Plan. ARTICLE VI. OPTIONAL FORMS OF RETIREMENT INCOME Section 1. Election of Optional Retirement Benefits . An unmarried Class 1 Participant or a Class 2 Participant may elect, or may revoke a previous election and make a new election, at any time prior to his actual retirement date, to have his retirement benefit payable under one

Page 4586

of the options hereinafter set forth in lieu of the retirement benefit he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the Participant in writing and shall be subject to approval by JMERS. Further, election of any option made by a Class 1 Participant shall be or become void if he is married at the time of such election or becomes married subsequent to such election, but prior to his actual Retirement. Section 2. Description of Options . The amount of any optional retirement benefit set forth below shall be the Actuarial Equivalent of the amount of benefit that would otherwise be payable to the Participant under Article V. OPTION A : Joint and Survivor Option. A decreased retirement benefit which shall be payable during the lifetime of the Participant and, if his Joint Annuitant should survive him, shall continue after his death during the lifetime of his Joint Annuitant in the same amount or in such smaller amount as the Participant may desigante. If the Joint Annuitant does not survive the Participant, all payments shall cease at the death of the Participant and no further benefits will accrue to his estate or to other persons except as provided in Article VII, section 2. This option shall be known as Option A. OPTION B : Period Certain and Life Option. A decreased retirement benefit payable monthly to the Participant during his lifetime and in the event of his death within a period of five (5), ten (10), fifteen (15) or twenty (20) years after his Retirement, the same monthly amount shall be payable for the balance of such period to a Beneficiary in Retirement does designated by him. If the Beneficiary in Retirement does not survive the Participant all payments shall cease at the death of the Participant and no further benefits will accrue to his estate or to other persons except as provided in Article VII, section 2. This option shall be known as Option B. OPTION C : Social Security Option. An increased retirement benefit payable to the Participant during his

Page 4587

lifetime until his retirement benefits commence under O.A.S.D.I. and a decreased retirement benefit payable thereafter for life in order to have a more level retirement income when such decreased retirement benefit is added to his primary benefits under O.A.S.D.I. determined as of his early Retirement Date. At the death of the Participant all payments will cease and no further benefits will accrue to the estate of the Participant or to other persons except as provided in Article VII, section 2. This option shall be known as Option C. Section 3. Joint Annuitant . A Participant who elects Option A shall, on a form provided for that purpose, designate a person to receive benefits which continue to be payable upon the death of the Retired Participant. Such person shall be the Joint Annuitant of the Participant. Section 4. Beneficiary in Retirement . A Participant who elects Options B shall, on a form provided for that purpose, designate a person to receive benefits which will continue to be payable upon the death of the Retired Participant within a specified period after his Retirement. Section 5. Cancellation of Election . The election of a Participant of any option in section 2 of this Article VI shall be null and void if either the Participant or his designated Joint Annuitant or Beneficiary in Retirement shall die before benefits commence. ARTICLE VII. DEATH OR TERMINATION OF EMPLOYMENT Section 1. Death Prior to Retirement . a. If the employment of a Participant is terminated by reason of his death prior to his Retirement in accordance with the provisions of Article IV, there shall be payable to his designated Beneficiary a monthly death benefit actuarially equivalent to the reserve required for the Participant's anticipated normal Retirement benefit assuming that his age at the time of his death is sixty-five (65) and that

Page 4588

the Total Credited Service used to calculate the Participant's anticipated normal Retirement benefit shall include the amount of Credited Service accrued prior to the date of the Participant's death and what would otherwise have been the Participant's Normal Retirement Date or, at the election of said Beneficiary a refund of the deceased Participant's Accumulated Contributions. In no event, shall the amount of Total Credited Service exceed the sum of the actual Service performed plus ten (10) calendar years and in no event shall the benefit payable hereunder to the surviving spouse of a Class I Participant be less than two-thirds ([UNK]) of such Participant's accrued normal retirement benefit unless said surviving spouse remarries, in which case his or her benefit will be recalculated in accordance with the death benefit formula specified in this subparagraph a. and any benefits payable to the remarried spouse subsequent to such remarriage shall be reduced accordingly. b. Designation of a Beneficiary Prior to Retirement may be changed by the Participant in writing at any time prior to actual Retirement on a form provided for that purpose. Only the last such designation of a Beneficiary Prior to Retirement will have effect and any new designation of a Beneficiary Prior to Retirement invalidates, supersedes, and revokes any prior designation. Section 2. Death After Retirement . Upon the death of a Participant subsequent to his Retirement in accordance with Article IV, sections 1, 2, 3, 4, or 5, there shall be payable to the Participant's designated Beneficiary, Beneficiary in Retirement, or Joint Annuitant a benefit to be determined as follows: a. If a Class 2 Participant or an unmarried Class 1 Participant has not elected an optional form of payment, as provided in Article VI, or if he has elected an optional form of payment and his designated Joint Annuitant or Beneficiary in Retirement does not survive him, no further payment of any kind whatsoever shall be made at the death of the Participant unless he shall die before

Page 4589

the total sum of his Accumulated Contributions, if any, has been paid to him in which case the balance will be paid in a lump sum to his designated beneficiary or estate. b. If an unmarried Class 1 Participant or a Class 2 Participant has elected an optional form of payment, as provided in Article VI, and his designated Joint Annuitant or Beneficiary in Retirement survives him, benefits shall be payable to the Beneficiary in Retirement or Joint Annuitant as provided in the option elected. However, if the total sum of Accumulated Contributions, if any, has not been paid prior to the demise of the Participant and his Beneficiary, the balance shall be paid in a lump sum to his estate. c. If a Class 1 Participant is married on his Retirement Date his spouse, to whom he is married on his Retirement Date, shall be his designated Beneficiary and if said designated Beneficiary survives the Participant he or she shall be entitled to a pension equal to two-thirds ([UNK]) of the decreased Participant's pension and said Beneficiary's pension shall terminate upon the death or remarriage of the Beneficiary. If a Class 1 Participant's spouse does not survive him, no further payments of any kind whatsoever shall be made at or subsequent to the death of the Participant. Section 3. Termination of Employment Before Retirement . a. A Participant whose employment is terminated, either voluntarily or involuntarily, for any reason other than death or Retirement, after one (1) year or more of participation in the Plan will have a right to a Vested Retirement Benefit under which payment shall commence, at the option of the Participant, on the first day of the month coinciding with or next following his Normal or Early Retirement Date as prescribed in the Plan and shall be payable on the first day of each month thereafter during the life of the Participant, provided: (1) That his next Employer and each successive Employer until Retirement be a JMERS employer who affords

Page 4590

its Employees a Vested Retirement privilege as afforded in this Article VII, section 3; (2) That the Participant must meet, through his Total Credited Service with all Employers prior to Retirement, the age, Service, and Participation requirements for Normal or Early Retirement as provided for herein; (3) That the amount of each Monthly Retirement Benefit shall be computed in the manner prescribed for Normal or Early Retirement in Article V herein, but based on his Final Average Earnings and Total Credited Service up to the Participant's date of termination of employment with the City; (4) That in the event his final JMERS Employer allows Delayed Retirement beyond the Normal Retirement Date, that the benefit under this Article VII, section 3 shall begin when the Participant retires and shall be computed as prescribed in Article V, section 3. b. A Participant whose employment is terminated under any of the following conditions for any reason other than death or retirement shall be entitled to a Vested Right in his accrued Retirement benefits. Payment of such Vested Retirement Benefit shall commence on the first day of the month coinciding with or next following his Normal or Early Retirement Age at the option of the Participant and shall be payable on the first day of each month thereafter during the life of the Participant. The amount of each Monthly Retirement Benefit shall be computed in the manner prescribed for Normal or Early Retirement in Article V herein, but based upon his Final Average Earnings and Total Credited Service up to the Participant's date of termination of employment with the City. (1) A Class 1 Participant whose employment is terminated voluntarily or involuntarily shall, except as otherwise provided herein, be entitled to a Vested Benefit if he has at least eight (8) years of Credited Service (exclusive

Page 4591

of any time credited for service as a member of the Armed Forces of the United States) at the time of such termination. (2) A Class 2 Participant whose employment is terminated voluntarily or involuntarily shall, except as otherwise provided herein, be entitled to a Vested Benefit if he has a minimum of ten (10) years of Credited Service at the time of such termination. (3) A Participant whose employment is terminated voluntarily or involuntarily because he is disabled shall be entitled to a Vested Benefit provided he qualifies for Disability Retirement under the provisions of the Plan within one (1) year of said termination of employment. c. If a Participant is granted a leave of absence, his employment with the City shall be deemed to be in suspense for the duration of his leave and he shall be permitted to leave his contributions and accrued benefits in the Plan. d. Except as otherwise provided in subparagraphs a, b, and c of this section 3, a Participant whose employment shall become terminated otherwise than by death, disability, or retirement, shall within sixty (60) days after such termination request his Accumulated Contributions be withdrawn. Failure to make such request within the allotted time shall terminate the accrual of any further Interest. e. If the Participant chooses at any time to withdraw his Contributions and Interest from the Trust Fund this entire section shall be null and void and his Contributions plus Interest, if any, shall be returned within ninety (90) days of his request. However, a Participant may not withdraw from the Plan nor withdraw his Contributions so long as he remains in the employment of the City and he may not borrow against them at any time.

Page 4592

ARTICLE VIII. CONTRIBUTIONS Section 1. Participant Contributions . a. Each Participant shall contribute monthly five percent (5%) of his Earnings. The amount of each Participant's Contribution shall be deducted from his pay by the City. In no event shall a Participant's Contributions exceed fifty percent (50%) of the total cost of his accrued benefits under the Plan. b. If a Participant desires to withdraw his Contributions and Interest, if any, at any time, upon termination of employment with the city he must make his request on a form provided for that purpose and forward same to the Secretary of the Pension Committee. Contributions plus Interest, if any, shall be returned by JMERS to the Participant through the Secretary of the Pension Committee within ninety (90) days of the receipt of the Participant's request by JMERS. A partial withdrawal of Contributions and Interest is not permitted. Section 2. City Contributions . The City shall make the necessary Contributions to fund that portion of the Retirement Plan not met by Participant Contributions. The amount of the City's Contributions shall be based upon the mortality tables adopted by the Board of Trustees, the benefits provided in this Plan, and the number of Participants and their respective ages, Earnings, and lengths of Creditable Service and such other factors as the Board of Trustees shall deem appropriate to properly fund the Plan. All contributions by the City shall be irrevocable, and shall be used only for the benefit of the Participants, Beneficiaries in Retirement and Joint Annuitants. Section 3. Due Date of Contributions . City and Participant Contributions are to be collected monthly by the Pension Committee and shall be remitted to JMERS on or before the fifth (5th) day of the month following collection. Section 4 . When a Participant is allowed to continue accumulating Credited Future Service during any authorized

Page 4593

leave of absence, he shall be required to continue to make Contributions in the same amount and at the same rate as were deducted from his Earnings immediately prior to the beginning date of said leave of absence. ARTICLE IX. PENSION COMMITTEE Section 1. Creation and Composition . There is hereby created a Pension Committee which shall be composed of the following: a. City Personnel Director. b. Two employee representatives elected annually by the Participants. c. Two members appointed by the Governing Authority, at least one of which shall be a member of the governing authority. Section 2. Responsibilities . The Pension Committee shall have the following responsibilities. a. In its dealings with JMERS or its duly appointed representatives the Pension Committee shall: (1) Furnish all information with respect to enrollment of Employees. (2) Collect and remit to JMERS all required Contributions. (3) Furnish JMERS, in accordance with its rules and regulations, all reports, and other records required to administer this Plan. (4) Notify JMERS, in accordance with its rules and regulations, of all benefit elections made by participants under this Plan and all matters regarding payment of benefits.

Page 4594

(5) Notify JMERS of the termination of Participating Employees. b. In dealing with the City's Employees, the Pension Committee shall: (1) Be responsible for the enrollment of Eligible Employees. (2) Handle distribution of all reports to Participants. (3) Handle arbitration between the City and Participants in all matters regarding the Plan. (4) Handle any notices of eligibility, benefits, available options, and any other notices required by this Plan, Contract, or rules and regulations of JMERS. Section 3. Secretary . The Pension Committee shall designate in writing, a secretary or other representative who shall have full authority to represent the Committee in all communications with JMERS and the City's Employees. A copy of such written designation shall be forwarded to JMERS. Section 4. Legal Assistance . The City Attorney or other attorney appointed by the Governing Authority shall furnish legal advice to the Pension Committee with respect to the Plan and the Committee's assigned responsibilities hereunder. ARTICLE X. BOARD OF TRUSTEES Section 1. Powers . The powers of the Board of Trustees of JMERS as fixed by the Act of the General Assembly (Ga. L. 1965, p. 421, as amended) are hereby incorporated as a part of the Contract. The City agrees that, in the administration of the Plan, it will comply with all rules and regulations adopted by the Board of Trustees under its authority as granted by said Act.

Page 4595

Section 2. Composition and Election . The composition of the Board of Trustees and the election of its members shall be as provided by an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System (Ga. L. 1965, p. 421, as amended) and as may be provided in the bylaws of the Board of Trustees of the Joint Municipal Employees' Retirement System. Section 3. Officers . The election of officers by the Board of Trustees shall be conducted as may be prescribed by an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, as amended, and as may be provided in the bylaws of the Joint Municipal Employees' Retirement System. Section 4. Notice of Elections . The Board of Trustees may provide through its bylaws for the giving of notice of elections, notice of any vacancy on the Board, the method or manner in which votes may be cast, any other matter necessary or incident to the election of members of the Board. The Board may also provide for a proxy vote, and may determine how, when, and in what manner voting by proxy may be had in accordance with an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System (Ga. L. 1965, p. 421, as amended) and as may be provided in the bylaws of the Board of Trustees of the Joint Municipal Employees' Retirement System. Section 5. Voting . The Board shall determine from its records the number of votes a municipality is entitled to cast in any election in accordance with the formula set forth in an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, and as may be provided in the bylaws of the Board of Trustees of the Joint Municipal Employees' Retirement System. Section 6. Voting Representative for the City . The secretary, or other designated representative of the Pension Committee, shall be the official representative of the City insofar as matters pertaining to JMERS are concerned and is hereby designated as such official representative

Page 4596

to cast the City's vote in any election of members of the JMERS Board of Trustees and in any other matters which the membership has the authority and responsibility for resolving unless the City notifies JMERS to the contrary in writing. ARTICLE XI. JOINT TRUST AGREEMENT The Mayor is hereby designated and authorized to enter into and execute on behalf of the City, the Joint Trust Agreement (attached hereto as Appendix A) with the Board of Trustees. ARTICLE XII. CLAIMS AND LITIGATION Section 1. Disputes . In the event of disagreement between a Participant and the City with respect to any rights, claims, or responsibilities under the Plan which cannot be resolved by the Pension Committee as provided under Article IX, the Participant may make an appeal regarding such rights, claims, or responsibilities to the Governing Authority. In the event that any such rights, claims, or responsibilities result in a suit or other legal action by a Participant, Beneficiary, Beneficiary Prior to Retirement, Beneficiary in Retirement, or Joint Annuitant, such action shall be defended in the same manner as other suits against the City. Any legal action on behalf of the City in regard to the Plan shall be first authorized by the Governing Authority and shall be conducted in the manner prescribed by the Governing Authority. JMERS shall have no responsibility to defend or pursue legal action arising under the Plan. Section 2. Failure to Act . JMERS shall not be responsible for the failure of the City to perform any of its obligations under the Plan, including the duty to remit payments to JMERS, to provide necessary records concerning Participating Employees and Participating Employees' Earnings to JMERS, or any other functions required of the City by the Plan, Contract or by the rules and regulations of JMERS.

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ARTICLE XIII. AMENDMENT AND TERMINATION Section 1. Amendment of the Plan . The Governing Authority shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of the Plan; provided, however, that no such amendment shall: a. Reduce the accrued benefits of any Participant or Beneficiary, or b. Authorize or permit any part of Trust Fund held by JMERS to be diverted to purposes other than for the exclusive benefit of Participants and their Beneficiaries, and c. No amendments shall operate to deprive any Participant or Beneficiary of any rights or benefits irrevocably vested in him under the Plan prior to such amendment except that the Governing Authority may make any and all changes and modifications necessary to qualify the Plan or to keep the Plan qualified under the Internal Revenue Code and the regulations thereunder, or any amendment thereto. d. Provided further that no amendment shall become effective until approved by JMERS. Section 2. Termination of the Plan . a. The City expects the Plan to be continued indefinitely but, of necessity, reserves the right to terminate the Plan and Contributions thereunder at any time by action of the Governing Authority. Upon receipt of written notice from the Governing Authority of termination of the Plan, JMERS shall prepare a list of all Participants showing for each, as of the date of Plan termination, the following: (1) For each Retired Participant, Joint Annuitant, and Beneficiary in Retirement receiving payment of benefits, the amount and terms of payment of such benefits.

Page 4598

(2) For each Terminated Participant entitled to a deferred benefit, the amount, commencement date, and terms of payment of such benefit. (3) For each active Participant the amount of his accrued Retirement Benefit. b. JMERS, in accordance with its current rules and regulations, shall arrange for the liquidation of all assets held in the Trust Fund maintained in connection with the Plan and shall prepare a statement of the liquidated value of such assets. The Governing Authority, in its sole discretion, may direct JMERS to purchase from an insurance company an annuity contract or contracts which provides the benefits to which each Participant, Joint Annuitant, or Beneficiary in Retirement is entitled or to pay a lump sum to each Participant, Joint Annuitant, or Beneficiary in Retirement, such lump sum amount to be Actuarial Equivalent of the benefit to which such Participant, Joint Annuitant, or Beneficiary in Retirement is entitled. c. JMERS shall then deduct from the assets total remaining expenses incurred or to be incurred by JMERS in behalf of the Plan. All Participant Contributions, plus Interest, shall be allocated to the credit of the Participants. JMERS, pursuant to its rules and regulations, shall then allocate the remaining assets for distribution in accordance with the classes listed below. The benefits of each class shall be satisfied before proceeding to the next class. If at any time the remaining Plan assets would be insufficient to provide the accrued benefits for the class in question, the remaining assets would be applied on a pro rata basis within that class, and all subsequent classes would receive no benefit. CLASS 1Retired Participants, Joint Annuitants, or Beneficiaries in Retirement who are receiving payments on the termination date. CLASS 2Participants delaying Retirement.

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CLASS 3Participants eligible for Early Retirement. CLASS 4Former Employees who are Terminated Participants. CLASS 5All other Participants on a pro rata basis. d. Upon distribution of the assets as specified above, the Plan shall be regarded as terminated and no Participant, Joint Annuitant or Beneficiary in Retirement shall have any further rights or claim thereto. e. In the event of the failure to pay or discontinuance of Contributions during the first ten (10) years following the Effective Date, the allocation of Employer contributions with respect to each of the twenty-five (25) highest paid Class 1 Employees on the Effective Date for whom an allocation would have provided a pension allowance in excess of $125.00 a month at Normal Retirement Date shall be limited to the highest of the following amounts, less any payments previously made out of Employer contributions: (1) The contributions made by an Employer (or funds attributable thereto) which would have been applied to provide the benefits for such Participant if the Plan benefits as constituted on the Effective Date had been continued without change; or (2) $20,000.00; or (3) The sum of the following: (a) Contributions made by an Employer (or funds attributable thereto) which would have been applied to provide benefits for such Participant under the Plan as constituted on the Effective Date, if it had been terminated on such date; and (b) An amount computed by multiplying the number of years for which the current costs of the Plan after the Effective Date have been met by [1] 20% of his average

Page 4600

salary for the five (5) years prior to said failure to pay or discontinuance of Contributions or prior to retirement, if that be earlier; or [2] $10,000.00, whichever is smaller. f. In the event of the failure to pay or discontinuance of Contributions during the first ten (10) years following the effective date of this amendment, the allocation of Employer contributions with respect to each of the twenty-five (25) highest paid Class 2 Employees on the effective date of this amendment for whom an allocation would have provided a pension allowance in excess of $125.00 a month at Normal Retirement Date shall be limited to the highest of the following amounts, less any payments previously made out of Employer contributions: (1) The contributions made by an Employer (or funds attributable thereto) which would have been applied to provide the benefits for such Participant if the Plan benefits as constituted on the effective date of this amendment had been continued without change; or (2) $20,000.00; or (3) The sum of the following: (a) Contributions made by an Employer (or funds attributable thereto) which would have been applied to provide benefits for such Participant under the Plan as constituted on the effective date of this amendment, if it had been terminated on such date; and (b) An amount computed by multiplying the number of years for which the current costs of the Plan after the effective date of this amendment have been met by [1] 20% of his average salary for the five (5) years prior to said failure to pay or discontinuance of Contributions or prior to retirement, if that be earlier; or [2] $10,000.00, whichever is smaller.

Page 4601

ARTICLE XIV. MISCELLANEOUS Section 1. Construction . a. In the construction of the Plan all masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate. b. The Plan shall be construed in accordance with the Laws of the State of Georgia. Section 2. Non-Alienation of Benefits . None of the benefits, payments, proceeds or distributions payable under the Plan shall be subject to the claim of any creditor of any Participant or to the claim of any creditor of any Beneficiary, or Joint Annuitant, hereunder, or to any legal process of levy or attachment by any creditor of any such Participant, Joint Annuitant, or Beneficiary; and no such benefits shall be in any manner liable for or subject to the debts, liabilities, engagements, or torts of any Participant or Beneficiary; and neither any such Participant, Joint Annuitant, or Beneficiary shall have any right to alienate, commute, anticipate, transfer, encumber, pledge or assign any of the benefits, payments, proceeds, or distributions under the Plan. If any Participant or Beneficiary shall become bankrupt or attempt to anticipate, assign, or pledge any benefits, then such benefits shall, in the discretion of the Pension Committee, cease, and in that event the Pension Committee shall have authority to cause the same, or any part thereof, to be held or applied to or for the benefit of such member, his spouse, his children, or other dependents, or any of them, in such manner and in such proportion as the Pension Committee may think proper. Section 3. Legally Incompetent . Any Participant, Joint Annuitant, or Beneficiary receiving or claiming benefits under the Plan shall be conclusively presumed to be mentally competent and of age until the Pension Committee receives a written notice, in a form and manner acceptable to it, that such person is incompetent or a minor, and that a guardian or other person legally vested with the care of his estate has been appointed. In the

Page 4602

event that the Pension Committee finds that any person to whom a benefit is payable under the Plan is unable to properly care for his affairs, or is a minor, then any payment due (unless a prior claim therefor shall have been made by a duly appointed legal representative) may be paid to the spouse, a child, a parent, or a brother or sister, or to any person deemed by the Pension Committee to have incurred expense for such person otherwise entitled to payment. In the event a guardian of the estate of any person receiving or claiming benefits under the Plan shall be appointed by a court of competent jurisdiction, payments shall be made to such guardian provided that proper proof of appointment is furnished in a form and manner suitable to the Pension Committee. Any payment so made shall be a complete discharge of liability therefor under the Plan. Section 4. Benefits Supported Only by Trust Fund . Any person having any claim under the Plan will look solely to the assets of the Trust Fund for satisfaction. In no event will the City, or any of its employees or agents, be liable in their individual capacities to any person whomsoever, under the provisions of the Plan or of the Joint Trust Agreement. Section 5. Discrimination . The City, through the Pension Committee, shall administer the Plan in a uniform and consistent manner with respect to all Participants and shall not permit discrimination in favor of supervisory or highly paid Employees. Section 6. Limitation of Liability; Legal Actions . a. It is expressly understood and agreed by each Employee who becomes a Participant hereunder that, except for its or their willful neglect or fraud, neither the City, the Pension Committee, nor the Board of Trustees shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connection with the Plan or its operation, and each such Participant hereby releases the City, all its Employees and agents, the Pension Committee, and the Board of Trustees from any and all liability or obligation.

Page 4603

b. To any action or proceeding involving any rights under the Plan or the proper administration thereof, the City and the Pension Committee shall be the only necessary parties and no Participant, or his Beneficiary, Joint Annuitant, or any other persons having or claiming to have an interest in the Plan shall be entitled to any notice or process. Any final judgment which is not appealed or appealable that may be entered in any such action or proceeding shall be binding and conclusive on the parties hereto and all persons having or claiming to have an interest in the Plan. Section 7. Claims . Any payment to a Participant, Joint Annuitant, or Beneficiary, or to their legal representatives, in accordance with the provisions of the Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Pension Committee or the City, either of which may require such Participant, Beneficiary, Joint Annuitant, or legal representative, as a condition precedent to such payment, to execute a receipt and release therefor in such form as shall be determined by the Pension Committee or the City, as the case may be. Section 8. Application for Benefits . Any provision in the Plan to the contrary notwithstanding, benefits may become payable only after the Participant, Joint Annuitant, Beneficiary, or their legal representative, whichever is applicable, has made written application therefor to the Pension Committee. Benefits for which no such application has been made within three (3) years following the date of entitlement to such benefits shall be forfeited. In no event shall any forfeitures be applied to increase the benefits any Participant or Beneficiary would otherwise receive under this Plan. Section 9. Intent . The City hereby agrees to abide by the bylaws and the rules and regulations of the Board of Trustees of JMERS in all matters pertaining to the operation and administration of the Contract. It is intended that the Act creating the Board of Trustees of JMERS, the rules and regulations of the Board, the bylaws

Page 4604

of the Board, and this Contract are to be construed in harmony with each other. But in the event of a conflict in the provisions of any of the foregoing, they shall govern in the following order: a. The Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, Ga. L. 1965, p. 421, as amended, or as hereafter amended; b. The bylaws of the Board; c. The rules and regulations of the Board; d. This Ordinance and Contract. Section 10. Fraud, Embezzlement, Theft, and Dismissal for Cause . In the event the Employer shall receive prior to a Participant's actual Retirement date, written confession by such Participant, or proof satisfactory to the Governing Authority that such Participant has committed or has been convicted of having committed an act of fraud, embezzlement, or theft in connection with his duties or in the course of his employment with the City, or in connection with the Plan, his Participation in the Plan shall be forthwith terminated; and any vested interest other than his own accumulated contributions that said Participant may have in the Trust Fund shall be forfeited. Section 11. Errors in Computation of Benefits . Any overpayments or underpayments from the Trust Fund to a Retired Participant or to a Beneficiary in Retirement caused by errors of computation shall be adjusted with interest at the rate of five percent (5%) per year compounded annually. Overpayments shall be charged against Retirement payments next succeeding the correction. Underpayments shall be made up from the Trust Fund. ARTICLE XV. REPEALER CLAUSE All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

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IN WITNESS WHEREOF, the City has caused its Seal and Signatures of its authorized officers to be affixed thisday of, 197. The terms and conditions of the foregoing Ordinance and Plan are hereby adopted and agreed to. IN WITNESS WHEREOF, the Board of Trustees of the Joint Municipal Employees' Retirement System has caused its Seal and the Signatures of its duly authorized

Page 4606

officers to be affixed thisday of, 197. Attest: Board of Trustees Joint Municipal Employees' Retirement System APPENDIX A to The Retirement Plan of the City of East Point, Georgia JOINT TRUST AGREEMENT This agreement between the City of East Point Settlor (herein called the City) and the Board of Trustees of the Joint Municipal Employees' Retirement System, a public corporation established by Ga. L. 1965, p. 421, as amended (herein called the Trustee). WITNESSETH: Whereas the City of East Point, Georgia, desires to provide Retirement Benefits for the sole and exclusive benefits of its Employees, and for such purpose has heretofore on theday of, 197, adopted a Contract providing for the terms and conditions of such benefits, all in accordance with the above stated Act, and; Whereas, such Contract provides for the execution of this Trust Agreement with the Joint Municipal Employees' Retirement System; Now, therefore, in consideration of the mutual promises, purposes and trusts herein contained and contained in said Contract, it is mutually agreed as follows:

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ARTICLE I. TRUST FUND Section 1 . a. Payments to the Trustee shall be remitted from time to time in accordance with the terms of said Contract and said moneys, which are the subject of this Trust, shall be held, administered, invested, re-invested, and distributed, all in accordance with this Trust instrument. b. The Trustee's responsibilities shall be as fixed by the said Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, by this instrument and by the said Contract. The Trustee is specifically held harmless by the City from any liability to any Participating Employee for benefits under the City's Plan, but shall be responsible only to the City for the proper administration of the moneys paid to the Trustee and payment of such moneys as directed by the City or its Pension Committee. Section 2 . It is the intent and purpose of this agreement that this Trust be one of several trusts executed under authority of an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System. It is understood by the parties to this Trust Agreement that it be similar in nature to other trust instruments executed with the Board of Trustees of the Joint Municipal Employees' Retirement System, and the Trustee is hereby authorized to co-mingle assets of this Trust Fund with assets of other such Trust Funds of a similar nature in a common fund known as the JMERS Investment Fund. ARTICLE II. POWERS Section 1 . The Trustee may place assets held by it with banks or trust companies having corporate trust powers and authorized to do business in the State of Georgia, and to authorize any such bank or trust company to invest and reinvest such assets for its account, subject to the provisions relating to investments by domestic insurance

Page 4608

companies under the Laws of Georgia. The Trustee may employ such banks and trust companies as agents for the keeping of records and the receipt and disbursement of moneys held by and due the Trustee. Section 2 . The Trustee may place assets held by it with insurance companies authorized to do business in the State of Georgia for the purpose of investment at guaranteed or anticipated rates of interest. The Trustee may purchase insurance contracts on the lives of Participating Employees and may purchase annuity contracts to provide Retirement benefits to Participating or Retired Employees and pay all premiums thereon. The Trustee may employ such insurance companies to provide actuarial advice and to provide services in the keeping of records and the receipt and disbursement of moneys held by or due the Trustee. Section 3 . The Trustee is authorized to invest and reinvest assets held by it in any investments which are legal investments for domestic insurance companies under the Laws of Georgia, or which may become such legal investments by future amendment to the applicable laws, and to purchase, acquire, hold, lease, sell and convey real and personal property. ARTICLE III. MANAGEMENT OF TRUST FUND Section 1. The Trustee shall maintain : a. Individual accounts for each Participating Employee, to which shall be credited his Contributions and Interest, if any, under the City's Plan, and b. A Contribution account for the City, to which shall be credited its Contributions and Interest, if any, under the Plan and c. Such other accounts, if any, as may be reasonably required in the discretion of the Trustee.

Page 4609

Section 2 . There shall be charged against the above accounts all payments made therefrom pursuant to the terms of the Plan and the rules and regulations of JMERS. Section 3 . Any other payments of expenses required to be paid by the Trustee for the administration of this Plan shall be charged to the JMERS Administrative Account. Section 4 . The Trust Fund is the interest of the City and its Participants in the JMERS Investment Fund. This interest shall be represented by units which shall constitute equal shares in such fund. The Trustee may, from time to time, establish new or additional funds and separate and place therein new Contributions rather than adding to the existing fund, and units therein shall represent equal interest in the respective funds. Section 5 . The Trustee shall prescribe in its rules and regulations the method of valuation of assets. ARTICLE IV. VALUATION OF FUND Section 1 . The Trustee shall determine the principal and Interest of the Trust Fund on periodic dates, established by the Trustee, but at least each twelve (12) months. Interest shall be determined by the Trustee in accordance with an established method which it may prescribe in its rules and regulations. The Interest shall be added to and become a part of the principal of the Trust Fund on such valuation date as established by the Board, but at least each twelve (12) months. Section 2 . The principal value on any valuation date of each unit into which the fund is divided, as hereinbefore provided, shall be determined by dividing the then principal value of the fund by the number of units into which the fund is then divided.

Page 4610

ARTICLE V. AUDIT OF FUND At least once during each period of twelve (12) months, an audit shall be made of the JMERS Investment Fund and JMERS Administrative fund by independent public accountants responsible only to and appointed by the Trustee. The accountants appointed shall include in each audit a statement of the accounts of the Trustee, a list of investments, and other assets comprising the JMERS Investment Fund as of the date of the audit, which shall mean the last day of the period covered, and shall show the valuation placed on each item in accordance with the valuation method adopted by the Trustee, as of the date of the audit, a statement of charges, sales, and any other investment charges and of all Interest and disbursements since the last audit, and appropriate comments as to any investment in default as to principal or interest. Promptly upon receipt by the Trustee of each audit, the Trustee shall send notice to each member municipality to whom a periodic regular accounting would ordinarily be rendered, that the report is avilable and that a copy thereof would be furnished upon request. ARTICLE VI. ANNUAL REPORT The Trustee shall file with the City a written annual report showing pertinent transactions affecting its respective account since the last previous such report. Within ninety (90) days of the receipt of such report, the City may file written objections with the Trustee, with respect to any transaction regarding its account as shown in such report. ARTICLE VII. EXPENSES The City hereby agrees to pay, in addition to its Contributions, and the Trustee is authorized to charge the City an administrative fee based upon a uniform schedule of expense charges adopted by the Board of Trustees and applicable to all member municipalities. It is understood that such schedule may be amended from time to

Page 4611

time by the Board, but the Board shall base such schedule on the total amount of administrative expenses necessary to administer the System, bases on a realistic budget adopted and approved by the Board at periodic intervals. ARTICLE VIII. INVESTMENT LIMIT Funds deposited by the Trustee with any one bank or trust company, shall not exceed twenty-five percent (25%) of the combined capital and surplus of such bank or trust company. Such bank or trust company shall give bond or pledge sufficient federal or municipal securities to secure the deposit of the Trustee. ARTICLE IX. DISBURSEMENTS FROM TRUST FUND Section 1 . Upon written direction from the City or Pension Committee, the Trustee shall draw checks as designated by the City or Pension Committee, and deliver such checks in such manner and in such amounts and at such time as the City or Pension Committee shall direct. Section 2 . The Trustee shall not be liable for any action taken at the direction of the City or Pension Committee. If action by the Trustee can reasonably be taken only after receipt of direction from the City or Pension Committee, the Trustee may request, in writing, direction from the City or Pension Committee, and the Trustee shall not be liable for failure to act pending the receipt of such direction. Section 3 . The Trustee shall not be responsible for the failure of the City to perform any of its obligations under the Plan, including the duty to remit payments to the Trustee, to provide necessary records concerning Participating Employees and their Earnings to the Trustee or any other procedures required by the rules and regulations of the Trustee. Section 4 . The Trustee shall not be responsible to the City or any Participating Employee for any obligations

Page 4612

beyond the extent of the assets on hand for the City or Participating Employees. No rights shall accrue as against the Trustee or the Trust Fund in the event of voluntary or involuntary termination of the Plan by the City. ARTICLE X. TERMINATION If the City does not make a Contribution within ninety (90) days of the due date of said Contribution, and if in the opinion of the Trustee such failure jeopardizes the accruing rights of Participating Employees, the Trustee shall notify each Participating Employee in writing at his last known place of residence of the situation. Under such conditions, the Trustee shall continue to manage the Trust Fund, unless the City exercises its termination right, so long as the assets attributable to the City are sufficient to cover the Joint Municipal Employees' Retirement System's expenses and meet the cost of pensions as pensioners retire. When the moneys in the Trust Fund are no longer adequate to meet these obligations, the Plan shall automatically terminate in accordance with Article XIII of the said Plan. The City may terminate this Trust Agreement at any time in accordance with Article XIII of the said Plan. ARTICLE XI. WITHDRAWAL OF TOTAL TRUST FUND On any date, the City may direct the Trustee in writing to transfer all or any portion of the amount of the Trust Fund subject to withdrawal to any other funding medium. From the date of receipt of any such request, the Trustee shall, within a period not to exceed six months, return at least one-twelfth (1/12) of the amount subject to withdrawal, less applicable expenses, and shall continue returning one-twelfth (1/12) of such Trust Fund on the first day of each month thereafter until the total amount subject to withdrawal is returned. The value of the amount subject to withdrawal shall be determined in accordance with applicable rules and regulations of the

Page 4613

Trustee. When the total amount of the Trust Fund subject to withdrawal has been paid in accordance herewith, this trust shall terminate and the Trustee shall have no further responsibility hereunder. In witness whereof, the City and the Board of Trustees of the Joint Municipal Employees' Retirement System have caused their Seals and Signatures of their duly authorized officers to be affixed, this day of, 197. In witness whereof, the Board of Trustees of the Joint Municipal Employees' Retirement System has caused its Seal and Signatures of its duly authorized officers to be affixed this day of 197. I, Marjorie Snyder, do hereby certify that I am City Clerk of the City of East Point, Georgia, and that as such, I am the keeper of the seal, minutes and records of said City and of the City of East Point, Georgia; that the foregoing extract is a true, correct and exact copy of the

Page 4614

original thereof, adopted on the 19th day of June, 1975, as the same appears on record in the office of the City Clerk of East Point, Georgia. In witness whereof, I have hereunto affixed my official signature and the corporate seal of said City this 30th day of June, 1975. /s/ Marjorie Snyder City Clerk Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point, Georgia proposes to consider for adoption an ordinance to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p., 268, et. seq.) amending the Municipal Charter of the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several amendatory acts thereof so as to establish a new retirement plan for the employees of the City of East Point, Georgia, and setting forth a joint trust agreement and the contract for the administration of said plan by the City and the Joint Municipal Employees' Retirement System as provided by Ga. L. 1965, p. 421, as amended; to repeal conflicting charter provisions and conflicting ordinances; and for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, the City Hall, East Point, Georgia, and at the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public. The City Clerk of said city will furnish to anyone upon written request with a copy of the proposed ordinance. The ordinance will be considered the first time at the regular meeting of the City Council, City of East Point on June 2, 1975, and will be considered for final adoption

Page 4615

at the regular meeting of the City Council on June 16, 1975. /s/ Marjorie Snyder City Clerk City of East Point, Georgia Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 29th day of May, 1975, and on the 5th and 12th days of June, 1975. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 9th day of July, 1975. /s/ Frances K. Beck Notary Public, Georgia, State at Large. My Commission Expires Jan. 13, 1976. Emily Sherberger Room 214 State Capitol Atlanta, Georgia 30334 This is to advise that we ran the Home Municipal Ruling Legal ad in this newspaper on May 29, June 5 and June 12, 1975. Copies are attached. Sincerely /s/ Shirley Sandoval Mrs. Shirley Sandoval Southside Sun Secretary Filed in office of Secretary of State July 11, 1975.

Page 4616

CITY OF EAST POINTCHARTER AMENDEDRETIREMENT SYSTEMORDINANCE AMENDED. Home Rule Ordinance An ordinance to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) amending the municipal charter of the City of East Point, Georgia approved August 19, 1912, (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof and particularly that act and ordinance adopted on June 19, 1975 establishing a new retirement system for the employees of the City of East Point, Georgia as shall hereafter be enrolled in Ga. L. 1976 to provide for the extension of time for employees to elect participation in that ordinance adopted aforesaid on June 19, 1975 and extending the time for such election until November 15, 1975; to repeal section 10 of Article XIV of the aforesaid ordinance and inserting in lieu thereof clarified and revised section 10 of Article XIV; to repeal conflicting ordinances; and for other purposes: Be it ordained by the Mayor and Council of the City of East Point, Georgia and it is hereby ordained by authority of same that: Section 1 . An act establishing a new charter for the City of East Point in Fulton County, Georgia and approved on August 19, 1912, (Ga. L. 1912, p. 862, et seq.) as amended and especially the act approved June 19, 1975 (to be enrolled in Ga. L. 1976 hereafter) as amended and especially ordinances adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) is hereby further amended as hereinafter more particularly set forth. Section 2 . Section 5. of that particular Home Rule Ordinance adopted June 19, 1975 (to be enrolled in Ga. L. 1976) is hereby stricken in its entirety and there shall be inserted in lieu thereof a new section 5. which shall read as follows:

Page 4617

Section 5. Each Eligible Employee who shall have been included in the superseded plan on the adoption date of this Plan shall be included in this Plan as of its Effective Date, or his employment date, whichever is later, if after the adoption date of this Plan and on or before November 15, 1975 such employee shall have delivered to the Pension Committee a waiver, in the form provided for such purpose, of the benefit to which he shall then be entitled under such superseded plan, in recognition of the benefits to which he shall be entitled under this Plan. Section 3 . Section 10 of Article XIV of Appendix A to that particular home rule ordinance adopted June 19, 1975 is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 10 which shall read as follows: Section 10. Dismissal for cause of fraud, embezzlement or theft. In the event the employer shall receive prior to a participant's actual retirement date, written confession by such participant or proof satisfactory to the Governing Authority that such participant has committed or has been convicted of having committed an act of fraud, or embezzlement or theft in connection with his duties or in the course of his employment with the City, or in connection with the Plan, his participation in the Plan shall be forthwith terminated; and any vested interest other than his own accumulated contributions that said participant may have in the Trust Fund shall be forfeited. Section 4 . The City Clerk of East Point, Georgia is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the Clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public. Said City Clerk is further

Page 4618

directed to furnish anyone upon written request a copy of this proposed ordinance. Upon adoption of this ordinance by the City Council, the City Clerk is instructed within thirty (30) days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Ga. Laws thereafter. Section 5 . In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts thereof would be declared or adjudicated invalid or unconstitutional. Section 6 . Upon its adoption, all charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading 10-6-75 Second Reading 11-3-75 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, same is hereby approved this 17th day of November, 1975. /s/ Marjorie Snyder, City Clerk /s/ Bruce Bannister Mayor Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council

Page 4619

of the City of East Point, Georgia proposes to consider an ordinance to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) amending the Municipal Charter of the City of East Point, Georgia approved August 19, 1912, (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof and particularly that Act and Ordinance adopted on June 19, 1975 establishing a new retirement system for the employees of the City of East Point, Georgia as shall hereafter be enrolled in Ga. L. 1976 to provide for the extension of time for the employees to elect participation in that ordinance adopted aforesaid on June 19, 1975 and extending the time for such election until November 15, 1975; to repeal section 10 of Article XIV of the aforesaid ordinance and inserting in lieu thereof clarified and revised section 10 of Article XIV; to repeal conflicting ordinances; and, for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk at the City of East Point, City Hall, East Point, Georgia, and at the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public. The City Clerk of said City will furnish anyone upon written request with a copy of the purposed ordinance. The ordinance will be considered the first time at the regular meeting of the City Council of the City of East Point on 11-3, 1975 and will be considered for final adoption at the regular meeting of said City Council on 11-17, 1975. Marjorie Snyder, City Clerk City of East Point, Georgia Georgia, Fulton County. Personally appeared before the undersigned, a notary public within and for said county and State, publisher of the Southside Sun Newspaper a newspaper published at East Point, County of Fulton, State of Georgia, who,

Page 4620

being duly sworn, states on oath that the report of Ordinance on Retirement, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 16, 23, 30 day of October, 1975. /s/ Gerald W. Cane Publisher /s/ Janet M. Lewis Agent Sworn to and subscribed before me, this 20 day of November, 1975. /s/ Janet M. Lewis Notary Public, Georgia, State at Large. My Commission Expires Aug. 20, 1979. (Seal). 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 16, 23, 30 days of October, 1975. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 21st day of November, 1975. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. Filed in office of Secretary of State, November 25, 1975.

Page 4621

CITY OF FITZGERALDCHARTER AMENDEDELECTIONS. No. 975 Ordinance An Ordinance amending the Charter of the City of Fitzgerald to provide that no political party shall conduct primaries for the purpose of nominating candidates for municipal elections, to delete from the said Charter all references to municipal primary elections, to provide that each candidate for election in a general or special municipal election shall pay a filing fee, the amount of which is to be prescribed by resolution, to conform the provisions of the said Charter to the provisions of the Georgia Municipal Election Code with respect to the dates on which written notice of candidacy shall be filed preceding general and special municipal elections, to provide for the creation of the charter office of City Administrator, which shall be filled by nomination by the Mayor with the advice and consent of the Council, which City Administrator shall be responsible for all departments of city government, to provide for the change of the date of election for Mayor and for aldermen from the third Tuesday in December to the third Tuesday in November, to provide for the condemnation of buildings within the City limits of the City of Fitzgerald when necessary for the health or safety of the inhabitants thereof at the expense of the owner of said property and to provide that said expense may be collected by execution, to provide for the repeal of provisions of said charter which are inconsistent herewith, to provide for the severability of this Ordinance, to make minor technical changes, and for other purposes. Amendments to the Charter of the City of Fitzgerald Whereas, the present charter of the City of Fitzgerald, as established by an act to incorporate the City of Fitzgerald and establishing a new charter therefor, approved August 22, 1907, and the several acts amendatory thereof, contained obsolete and otherwise unnecessary provisions,

Page 4622

is deficient in other respects, and therefore requires amendment; and Whereas, the Municipal Home Rule Act of 1965, Ga. L. 1965, p. 298, and the several acts amendatory thereof, and the Georgia Municipal Election Code, Ga. L. 1968, p. 885, and the several acts amendatory thereof, authorize a municipality to amend its charter in the respects set forth herein; Now, therefore, be it enacted by the Mayor and Council of the City of Fitzgerald, and it is hereby enacted by authority of same, that the Act establishing a new charter for the City of Fitzgerald, approved August 22, 1907, and the several acts amendatory thereof, including Ga. L. 1914, p. 781, be and the same are hereby amended as follows: Section 1 . All the provisions of said Act wherein the same conflict with this Act are hereby repealed, and furthermore, said Acts are hereby amended to conform to the provisions of this Act, and the language thereof is hereby changed as hereinafter set out, and the same is amended in manner and form as hereinafter provided. Section 2 . Be it further enacted by the authority aforesaid, that Ga. L. 1914, p. 781, section 13 is hereby repealed in its entirety, and there is hereby enacted a new section 13, which shall provide as follows: Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Fitzgerald shall be ex officio superintendent of all elections under the provisions of this Act. In every election when said election superintendent shall have named precinct managers, and prepared the form of ballot and tally sheet, they shall have said tickets printed as herein provided, and provide for the erection of booths, and shall supply said tickets and tally sheets and other election blanks to said managers, and to keep accurate records of the same, and upon their order said precinct managers and clerks shall be paid

Page 4623

for their services as now provided by law, and the expense incurred in said election shall be paid out of the city treasury. Section 3 . Be it further enacted by the authority aforesaid, that Ga. L. 1914, p. 781, section 14 is hereby repealed in its entirety, and there is hereby enacted a new section 14, which shall provide as follows: Be it further enacted by the authority aforesaid, that in all elections hereafter held in said City on any subject which may be submitted to the vote of the people and for the Mayor and Aldermen of said City, the voting shall be by secret official ballot, printed and distributed as hereafter provided, and no ballot shall be recorded or counted in any election except it be provided and voted as herein prescribed. Section 4 . Be it further enacted by the authority aforesaid, that Ga. L. 1914, p. 781, section 15 is hereby repealed in its entirety, and there is hereby enacted a new section 15, which shall provide as follows: Be it further enacted by the authority aforesaid, that it shall be the duty of the superintendent of elections to have prepared in the manner herein provided, at the City's expense, official ballots which must contain the names of all who filed, as hereinafter provided, with the superintendents of elections, written notice of their candidacy at least fifteen (15) but not more than forty-five (45) days prior to the election in the case of a general election and at least ten (10) but not more than thirty (30) days prior to the election in the case of a special election, and such names must be arranged upon such ballots in alphabetical order as to candidates for the office. The ballots must be all alike, printed in plain black type, in straight lines on plain white paper, so thick that the printing cannot be distinguished from the back, and on the ballots shall be printed such words as will lead the voter to designate his choice, as `Vote for one,' `Vote for two,' and the like.

Page 4624

Written notice of candidacy hereinbefore referred to shall be filed with the superintendent of elections. Said notice of candidacy shall be accompanied by a filing fee, the amount of which shall be prescribed by ordinance. Section 5 . Be it further enacted by the authority aforesaid that Ga. L. 1914, p. 781, section 17 is hereby repealed in its entirety, and there is hereby enacted a new section 17, which shall provide as follows: Be it further enacted by the authority aforesaid that in the preparation of the ballots the following forms shall be substantially observed, the name of all the candidates for any office to be filled must be placed under the proper designation of the office in alphabetical order, as hereinbefore provided, and the other in which the several offices to be filled are to be on the ballot is left to the discretion of the election superintendents: Official Ballot. For Mayor (vote for one), John Doe, Richard Rowe. For Alderman (vote for five), John Doe, Richard Rowe, etc. For (designating special measure to be voted for). Against (designating special measure to be voted against). Election, 19.Manager. Section 6 . Be it further enacted by the authority aforesaid, that Ga. L. 1914, p. 781, section 18 is hereby repealed in its entirety, and there is hereby enacted a new section 18, which shall provide as follows: Be it further enacted by the authority aforesaid, that there shall be provided by the election superintendents in the manner herein directed, for the voting places at least one hundred (100) ballots for every fifty (50) qualified

Page 4625

voters usually voting at such voting places, which ballots must be delivered to the election managers in time for the election; and the said election managers must not deliver any ballots to any person other than a qualified elector, and not to him until he applies for one at the voting place for the purpose of voting the same as hereinafter provided. Section 7 . Be it further enacted by the authority aforesaid, that Ga. L. 1914, p. 781, section 19 is hereby repealed in its entirety, and there is hereby enacted a new section 19, which shall provide as follows: Be it further enacted by the authority aforesaid, that no printer, publisher, or other person engaged by superintendents of elections, or on their written order, and no person employed by such printer or publisher, or other person to aid or assist in preparing the said ballots, shall retain or deliver any ballot or ballots, or any likeness of the same, to any person whomsoever, except upon the written order of the superintendents of elections; nor shall any other person procure in any manner, other than in this Act provided, any official ballot, or likeness thereof, or furnish or give the same to anyone other than an election manager. Any person guilty of a violation of any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as prescribed by Ga. Code Ann. section 27-2506. Section 8 . Be it further enacted by the authority aforesaid, that Ga. L. 1914, p. 781, section 20 is hereby repealed in its entirety, and there is hereby enacted a new section 20, which shall provide as follows: Be it further enacted by the authority aforesaid, that said City shall prepare, through its election superintendents, for each election in said City, at the City's expense, a booth or booths for voting places in the City, where voters are entitled to vote. In all elections, the managers and clerks shall occupy a room or covered enclosure at each precinct, where they shall keep the ballot box, tally sheet and a list of voters, and there shall be

Page 4626

provided an enclosure at each precinct of sufficient size to allow the arrangement and disposition of booths hereinafter provided for; the compartment or booth shall be at least three feet wide, and of sufficient depth and height to conceal the voter from observation while preparing his ballot, with a table or shelf therein to accommodate the voter in preparation of his ballot. These booths or compartments shall be erected in such numbers as in the judgment of the superintendent of the election will allow full opportunity of voting to all qualified voters who are desirous of voting. The said booths shall be so constructed that the electors in the making of their ballots shall be screened from observation and a guardrail or other barrier shall be so placed that only persons inside of said rail can approach within eight feet of said booth, and when more than one booth or compartment is provided in election precinct, the two booths shall be within three feet of each other, and no two booths shall have the same entrance thereto arranged so that voters in said booths shall be visible to each other, and they shall be so arranged that the entrance thereto shall be in plain view of the managers of the election, and that no booth shall have more than one entrance; no person other than the election officers and voters shall be permitted within said barrier, except by the authority of the superintendent of elections, for the purpose of keeping order and enforcing laws; and not more than one person shall be allowed to any one booth at the same time except as provided in section 25 of this Act. Section 9 . Be it further enacted by the authority aforesaid, that the fourth and last paragraph of Ga. L. 1914, p. 781, section 21 is hereby repealed in its entirety, and there is hereby enacted a new fourth and last paragraph of said section which shall provide as follows: If for any reason the managers, or any one of them, appointed for any election shall fail to be on hand at the time and place of election, or refuse to serve, then such vacancy or vacancies shall be filled, as provided in Georgia Code Annotated section 34-1201.

Page 4627

Section 10 . Be it further enacted by the authority aforesaid, that the second and last sentence of Ga. L. 1914, p. 781, section 28 is hereby repealed in its entirety. Section 11 . Be it further enacted by the authority aforesaid, that the second and last paragraph of Ga. L. 1922, p. 820, section 1 is hereby repealed in its entirety, and there is hereby enacted a new second and last paragraph thereto, which shall provide as follows: It is further enacted that any person who is qualified to vote may register in said book at any time. Section 12 . Be it further enacted by the authority aforesaid that Ga. L. 1914, p. 781, section 36 is hereby repealed in its entirety, and there is hereby enacted a new section 36 which shall provide as follows: Be it further enacted by the authority aforesaid, that all persons registering or voting at any election who were not qualified to register or vote, according to the provisions of this Charter, or city laws, shall be guilty of a misdemeanor, and upon conviction therefor in any of the courts of this State, shall be punished as prescribed in Ga. Code Ann. section 27-2506. Section 13 . Be it further enacted by the authority aforesaid, that the charter laws of the City of Fitzgerald are hereby amended by adding a new section 124 to subpart A thereof, which shall provide as follows: There is hereby created the permanent position of City Administrator who shall be appointed by the Mayor with the advice and consent of the Council. The said City Administrator shall be responsible for all administration of all departments of city government. The salary of said City Administrator shall be prescribed by ordinance. Section 14 . Be it further enacted by the authority aforesaid, that the first sentence of Georgia Laws 1914, page 781, section 4; Ga. L. 1952, p. 2014, section 1; Ga. L. 1957, p. 2124, section 1; Ga. L. 1959, p. 2537, section 3;

Page 4628

Ga. L. 1963, p. 2567, section 2; and Ga. L. 1969, p. 3785, section 2 is hereby repealed in its entirety, and there is hereby enacted as new first sentence for said section 4, which shall provide as follows: Be it further enacted by the authority aforesaid, that at the election to be held on the third Tuesday of November of 1975 and in every odd numbered year hereafter, there shall be elected a Mayor, who shall hold office for two years, and until his successor is elected and qualified, and in the event that the office of Mayor shall become vacant by death, removal or otherwise, the Mayor Pro tem., or in case there is no Mayor Pro tem., the common council at the next regular session shall give ten (10) days' notice in the official organ of the city of the date of the election of his successor, and said council shall call said election within thirty (30) days from said vacancy. Nothing herein shall affect the term of office of the person presently serving as Mayor of said city. Section 15 . Be it further enacted by the authority aforesaid, that Ga. L. 1914, p. 781, section 9; Ga. L. 1952, p. 2014, section 2; Ga. L. 1957, p. 2724, section 2; Ga. L. 1959, p. 2537, section 4; Ga. L. 1960, p. 2577, section 2; Ga. L. 1963, p. 2567, section 3; and Ga. L. 1969, p. 3785, section 3 is hereby amended by adding thereto at the end thereof the following sentences which shall provide as follows: Beginning in the election for the selection of aldermen to be conducted in the year 1976, elections for the selection of aldermen shall be conducted on the third Tuesday in November of each election year. Nothing herein shall affect the terms of office of those persons presently serving as aldermen of said City. Section 16 . Be it further enacted by the authority aforesaid that Ga. L. 1914, p. 781, section 104 is hereby repealed in its entirety, and there is hereby enacted a new section 104 which shall provide as follows:

Page 4629

Be it further enacted by the authority aforesaid, that the Mayor and Council of said city are hereby authorized and empowered to condemn any building within the city limits of said city, when in their judgment it becomes necessary for the health or safety of the inhabitants thereof, and when they have passed a resolution condemning such building, the owner thereof shall be given the privilege, himself, of destroying the same, and if he does not do so within a reasonable time, the Mayor and Council may themselves have the same destroyed, and to make the owner thereof pay the expenses of said destruction, which may be collected by execution. Section 17 . Be it further enacted by the authority aforesaid, that if any provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Ordinance and the application of such provision to other persons and circumstances shall not be affected thereby. This ordinance was adopted at the regular meeting of the Mayor and Council of the City of Fitzgerald held on the 15th day of September, 1975, by the following vote: Yes 9 No 0 This ordinance was adopted at the regular meeting of the Mayor and Council of the City of Fitzgerald held on the 6th day of October, 1975, by the following vote: Yes 9 No 0 Approved: October 6, 1975 /s/ Gerald H. Thompson Mayor

Page 4630

ATTEST: /s/ Alvie L. Dorminy Clerk Seal. Georgia, Fitzgerald County. The undersigned, Alvie Dorminy, does hereby certify that he is the duly authorized, elected and acting Clerk of the City of Fitzgerald and that the within and foregoing ordinance No. 975 amending the charter of the City of Fitzgerald has been duly and legally adopted and that the within and foregoing is a true and correct copy of the original amendment to said charter as the same appears of record in the official minute book of the Mayor and Council of the City of Fitzgerald. In witness whereof the undersigned has hereunto set his official signature and affixed the seal of said City of Fitzgerald on this the 13th day of October, 1975. /s/ Alvie Dorminy (Corporate Seal) Georgia, Ben Hill County. Personally appeared before the undersigned, an officer authorized by law to administer oaths, Gerald W. Pryor, who after being first duly sworn on oath says that he is Editor and Publisher of the Fitzgerald Herald and Leader, the newspaper which is the official organ of Ben Hill County, Georgia, and a newspaper of general circulation in the City of Fitzgerald, Georgia, and that the following notice was published in said newspaper on September 18, 1975, September 25, 1975, and October 2, 1975: /s/ Gerald W. Pryor Notice of Proposed Amendment to Charter of City of Fitzgerald Notice is hereby given that an ordinance has been proposed amending the Charter of the City of Fitzgerald

Page 4631

to provide that no political party shall conduct primaries for the purpose of nominating candidates for municipal elections, to delete from the said Charter all references to municipal primary elections, to provide that each candidate for election in a general or special municipal election shall pay a filing fee, the amount of which is to be prescribed by ordinance, to conform the provisions of the said Charter to the provisions of the Georgia Municipal Election Code with respect to the dates on which written notice of candidacy shall be filed preceding general and special municipal elections, to provide for the creation of the charter office of City Administrator, which shall be filled by nomination by the Mayor with the advice and consent of the Council, which City Administrator shall be responsible for all departments of city government, to provide for the change of the date of election for Mayor and for aldermen from the third Tuesday in December to the third Tuesday in November, to provide for the condemnation of buildings within the city limits of the City of Fitzgerald when necessary for the health or safety of the inhabitants thereof at the expense of the owner of said property and to provide that said expense may be collected by execution, to provide for the repeal of provisions of said charter which are inconsistent herewith, to provide for the severability of this Ordinance, to make minor technical changes, and for other purposes. A copy of said proposed amendment to the Charter of the City of Fitzgerald is on file in the office of the Clerk of Mayor and Council of the City of Fitzgerald and in the office of the Clerk of the Superior Court of Ben Hill County, Georgia. Said Clerk of the Mayor and Council of the City of Fitzgerald shall furnish anyone, upon written request, a copy of said proposed amendment. Alvie Dorminy Clerk of the Mayor and Council of the City of Fitzgerald

Page 4632

Sworn to and subscribed before me, this 6th day of October, 1975. /s/ Therese K. Griffin Notary Public, Ben Hill County, Ga. Filed in office of Secretary of State, October 27, 1975. CITY OF GRIFFINCHARTER AMENDEDPROCEDURE FOR PAYMENT OF MONIES PROVIDED. An Ordinance. An ordinance to amend section 2.12, Duties of Chairman, so as to provide that the Chairman, or in his absence, the Chairman Pro Tempore, or in their absence, the next most senior Commissioner in his current term of service, and the City Manager shall sign all orders, checks and warrants for the payment of any monies out of the treasury of the City and shall execute on behalf of the City all contracts, deeds and other obligations; to provide further, that in the absence of the City Manager, the Chairman Pro Tempore, or in his absence, the next most senior Commissioner in his current term of service shall sign in the City Manager's stead; to repeal conflicting laws, charter and ordinance provisions; and for other purposes. Be it enacted by the Board of Commissioners of the City of Griffin, as follows: Section 1 . Section 2.12, Duties of Chairman, of the Charter of the City of Griffin is hereby amended by striking therefrom the last sentence thereof which reads as follows: The chairman shall sign all orders, checks and warrants drawn on the city manager for the payment of any moneys out of the treasury of said city, and shall execute on behalf of said city all contracts, deeds and other obligations,

Page 4633

and no order, check or warrant, and no contract, deed or other obligation not signed by the chairman shall be valid; provided, however, that any three (3) commissioners may direct the chairman to sign such check, warrant, order, deed, contract, or other obligation that has been ordered by a majority vote of the commissioners and upon such vote taken for that purpose it shall be the duty of the chairman to sign the same. and by substituting in lieu thereof the following: The Chairman, or in his absence, the Chairman Pro Tempore, or in their absence, the next most senior Commissioner in his current term of service, and the City Manager shall sign all orders, checks and warrants for the payment of any monies out of the treasury of the City and shall execute on behalf of the City all contracts, deeds and other obligations. In the absence of the City Manager, the Chairman Pro Tempore, or in his absence, the next most senior Commissioner in his current term of service shall sign in the City Manager's stead. The Board of Commissioners, by a majority vote of at least three (3) commissioners, may direct the Chairman to sign such order, check, warrant, contract, deed or other obligation that has been ordered. Section 2 . All laws, charter and ordinance provisions in conflict herewith are hereby repealed. Notice. Please take notice that pursuant to The Municipal Home Rule Act of 1965 (Georgia Code Sections 69-1015 through 69-1020) the Board of Commissioners of the City of Griffin will consider at the regular City Commission meetings of December 26, 1974, and January 14, 1975, a proposed ordinance to amend the Municipal Charter of the City of Griffin as follows: To amend Section 2.12, Duties of Chairman, so as to provide that the Chairman, or in his absence, the Chairman

Page 4634

Pro Tempore, or in their absence, the next most senior Commissioner in his current term of service, and the City Manager shall sign all orders, checks and warrants for the payment of any monies out of the treasury of the City and shall execute on behalf of the City all contracts, deeds and other obligations; to provide further, that in the absence of the City Manager, the Chairman Pro Tempore, or in his absence, the next most senior Commissioner in his current term of service shall sign in the City manager's stead; to repeal conflicting laws, charter and ordinance provisions and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of the Board of Commissioners of the City of Griffin (City Manager) at City Hall and in the office of the Clerk of the Superior Court of Spalding County, Georgia, at the Courthouse and may be examined and inspected by the public at either place. The City Manager shall furnish anyone, upon written request, a copy of the proposed amendment. Ordered published by resolution regularly adopted this 26th day of November, 1974, by the Board of Commissioners of the City of Griffin. City of Griffin, Georgia /s/ Louis W. Goldstein Attest: /s/ Roy L. Inman Clerk /s/ Robert H. Smalley, Jr. City Attorney Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Quimby Melton, Jr. who, upon oath, says that he is the duly authorized agent of Quimby Melton, Jr., and that the said Quimby Melton,

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Jr. is the publisher of a newspaper known as the Griffin Daily News, and the official newspaper of Spalding County, Georgia, and certifies that the within notice of Home Rule Amendment, pertaining to duties of chairman, generally was published in said newspaper on December 6, 1974, December 13, 1974, and December 20, 1974. This 21st day of January, 1975. /s/ Quimby Melton, Jr. Affiant Sworn to and subscribed before me, this 21st day of January, 1975. /s/ Sharon B. Jones Notary Public, Lamar County, Georgia Filed in office of Secretary of State, January 20, 1975. CITY OF JESUPCHARTER AMENDEDCERTAIN PURCHASES WITHOUT COMPETITIVE BIDDING PROVIDED. An ordinance to amend the charter of the City of Jesup approved December 16, 1937, (Ga. L. 1937-38, Ex. Sess., pp. 1142-1203) as amended, (Ga. L. 1959, pp. 2510, 2864) so as to provide that purchases of equipment and supplies totaling less than $1,000.00 may be purchased without competitive bids; to provide that purchases of equipment and supplies totaling more than $1,000.00 may be purchased without competitive bids when the city manager shall deem it in the best interest and welfare of the city to make such purchases provided such purchases shall be made with the consent and in the presence of at least three (3) members of the Board of Commissioners; to repeal conflicting laws; and for other purposes. Be it ordained by the Board of Commissioners of the City of Jesup as follows:

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Section 1 . Pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, pp. 298, 299), as amended, an Act incorporating and creating a New Charter for the City of Jesup in Wayne County, Georgia, approved December 16, 1937 (Ga. L. 1937, Ex. Sess., pp. 1142-1203), as amended particularly by Acts approved March 3, 1955 (Ga. L. 1955, p. 2510), and March 7, 1955 (Ga. L. 1955, p. 2864), is hereby further amended by striking section 54 of the Charter, as amended, in its entirety and inserting in lieu thereof the following: Section 54. Be it further enacted that the City Manager of said City shall make all purchases of supplies, materials, and equipment for said City in such manner as the Board of Commissioners shall provide by ordinance. The City Manager shall, however, give opportunity for competitive bids on purchases of supplies, materials, and equipment purchased by the City where the value of such supplies, materials, and equipment exceeds One Thousand ($1,000.00) Dollars; provided the City Manager may purchase supplies, materials, and equipment where the value totals more than $1,000.00 without competitive bids when the City Manager shall deem it in the best interest and welfare of the City to make such purchases provided such purchases shall be made with the consent and in the presence of at least three (3) members of the Board of Commissioners. The Board of Commissioners shall, under such regulations as may be provided by ordinance, sell all real and personal property of said City, not needed for public use or that may have become unsuited for public use; provided the Board of Commissioners shall not sell any City property, real or personal in nature, when its value exceeds the sum of Five Hundred ($500.00) Dollars as determined in the manner hereinbefore provided, until such sale has been ratified by the qualified voters of said City. Section 2 . All laws or parts of laws in conflict with this Act are hereby repealed.

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So ordained this 4th day of November, 1975. /s/ Joel R. Green, Jr. Mayor /s/ Martha J. Burns Commissioner /s/ Thomas Jordan, Jr. Commissioner /s/ James D. Nichols Commissioner /s/ William S. Norwood Commissioner Attest: /s/ Elaine Worley City Clerk City of Jesup, Georgia. I, Elaine Worley, Clerk to the Board of Commissioners for the City of Jesup, do 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, (Ga. L. 1937-38, Ex. Sess., pp. 1142-1203) as amended, (Ga. L. 1959, pp. 2510, 2864), so as to provide that purchases of equipment and supplies totaling less than $1,000.00 may be purchased without competitive bids; to provide that purchases of equipment and supplies totaling more than $1,000.00 may be purchased without competitive bids when the City Manager shall deem it in the best interest and welfare of the City to make such purchases provided such purchases shall be made with the consent and in the presence of at least three (3) members of the Board of Commissioners; to repeal conflicting laws; and for other purposes. This ordinance was unanimously passed by the Board of Commissioners of the City of Jesup on the 7th day of October, 1975, and the 4th day of November, 1975.

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This ordinance is now on file at the City Hall and in the Clerk of Superior Court's Office, Wayne County, Georgia. /s/ Elaine Worley 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 meetings of the Board of Commissioners of the City of Jesup on October 7, 1975, and October 21, 1975, at 7:00 p.m., City Hall, Jesup, Georgia, an ordinance to amend the Charter for the City of Jesup (Ga. L. 1937-38, Ex. Sess., pp. 1142-1203), as amended, (Ga. L. 1955, p. 2511) so as to eliminate the provision that requires a referendum before any future franchise for the distribution of electric current can be granted by the City of Jesup for a period of time in excess of twelve (12) months; and for other purposes. A copy of the proposed amendment is on file in the Office of the City Clerk, Jesup, Georgia, and the Office of the Clerk of Superior Court, Wayne County, Georgia, for the purpose of examination and inspection by the public. This 9th day of September, 1975. /s/ Elaine Worley City Clerk Georgia, Wayne County. Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, J. Fred Eden, who first being duly sworn, deposes and says that he is Editor of the Jesup Sentinel, the official organ of Wayne County, Georgia, and that there has been published in said newspaper on September 11, September 18, and September 25, 1975, the attached and foregoing notice of the City of Jesup's intention to introduce an ordinance to

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amend the Charter of the City of Jesup so as to provide that purchases of equipment and supplies totaling less than $1,000.00 may be purchased without competitive bids and to provide that purchases of equipment and supplies totaling more than $1,000.00 may be purchased without competitive bids when the City Manager shall deem it in the best interest and welfare of the City to make such purchases provided such purchases shall be made with the consent and in the presence of at least three (3) members of the Board of Commissioners. /s/ J. Fred Eden Sworn to and subscribed before me, this 30th day of September, 1975. /s/ Robert B. Smith Notary Public, State of Georgia Filed in office of Secretary of State, November 10, 1975. CITY OF MORROWCHARTER AMENDEDBONDED INDEBTEDNESS RESTRICTIONS CHANGED. An Ordinance of the Mayor and Council of the City of Morrow providing for: the amendment of section 5.10 of the Charter of the City of Morrow, Georgia, Ga. L. 1971, pp. 3998, 4024, so as to eliminate certain restrictions on bonded indebtedness: and other purposes: Whereas, the Charter of the City of Morrow, Georgia (hereinafter in these preambles sometimes called the City), now contains provisions which prohibit the Mayor and Council from increasing the property tax rate above 5 mills without approval of a majority of the voters; and Whereas, the Charter of the City prohibits an increase in the property tax rate above 15 mills; and

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Whereas, the City is authorized to acquire, own, maintain and operate a city hall to accommodate and house the various administrative offices and functions of the city government and the present facility used by the City is entirely inadequate; and Whereas, a tract of land with a building thereon which, with renovations, would serve the City well as a city hall, is currently available to the City as a reasonable price; and Whereas, the Mayor and Council of the City has determined that the best and most feasible method of obtaining the funds necessary to finance aforesaid acquisition and renovation is through the issuance of city general obligation bonds; and Whereas, section 5.10 of the City Charter as it presently reads imposes an encumbrance upon the City's ability to pay the interest and principal on any bonds which might be issued; and Whereas, the Mayor and Council of the City has determined that the aforesaid encumbrance will make such bonds more difficult to market, resulting in a higher interest rate and an increased financial burden on the taxpayers of the City; and Whereas, the City may from time to time need to issue other general obligation bonds for similar projects or services, and such bonds will likewise be subject to the aforesaid encumbrance; and Whereas, in order to accomplish the objectives of this ordinance, the City must provide for the elimination of restrictions upon the Mayor and Council of the City to increase property taxes to pay for debt service on bonded indebtedness; and Now, therefore, be it resolved by the Mayor and Council of the City of Morrow, and it is hereby ordained by authority

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of same, that Section 5.10 of the Charter of the City of Morrow, which provides as follows: The Mayor and Council shall have the right to levy on all property in said City, not to exceed five (5) mills per annum, the rate to be determined by a Resolution supported by a majority vote and entered on the minutes. Provided, however, that said Council shall have the authority to increase the maximum tax rate from five (5) mills per annum to a rate not to exceed fifteen (15) mills. Provided, any increase in said tax rate shall be approved by the majority of the voters voting in an election held by the City of Morrow in which the question of increasing said maximum tax rate shall be presented to the voters; the same is hereby amended, by adding the provision, Provided, however, the above limitation on the levying of ad valorem taxes shall not apply to taxes levied to pay debt service on general obligation bonded indebtedness, so that section 5.10 as amended will provide: The Mayor and Council shall have the right to levy on all property in said City, not to exceed five (5) mills per annum, the rate to be determined by a Resolution supported by a majority vote and entered on the minutes. Provided, however, that said Council shall have the authority to increase the maximum tax rate from five (5) mills per annum to a rate not to exceed fifteen (15) mills. Provided, any increase in said maximum rate shall be approved by the majority of the voters voting in an election held by the City of Morrow in which the question of increasing said maximum tax rate shall be presented to the voters. Provided, however, the above limitation on the levying of ad valorem taxes shall not apply to taxes levied to pay debt service on general obligation bonded indebtedness.

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Approved and adopted this 18th day of September, 1975. /s/ R. C. Harris Mayor Pro-Tem /s/ Don Brock Councilman /s/ Louis W. Hisel Councilman /s/ Tom Young Councilman Attest: /s/ Frieda Frasier City Clerk Georgia, Clayton County. Personally appeared before the undersigned Mrs. Bobbie Gay, who on oath says that she is Legal Advertising Manager of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: September 2, 9 and 16, 1975. /s/ Mrs. Bobbie Gay 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 Section 5.10 of the Charter of the City of Morrow, Georgia under the Home Rule Act of 1965. The purpose of the amendment is to eliminate certain restrictions on bonded indebtedness. A copy of the proposed amendment is on file in the City Hall and in the Office of the Clerk of the Superior Court

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of Clayton County for the purpose of examination and inspection by the public. The first reading of this amendment will be held at the Regular Meeting of the Mayor and Council to be held on September 4, 1975. Roscoe H. Trivett Mayor Sworn to and subscribed before me, this 24th day of September, 1975. /s/ Eleanor G. Imois Notary Public, Georgia, State at Large. My Commission Expires April 4, 1978. (Seal). Filed in office of Secretary of State, September 26, 1975. CITY OF MORROWCHARTER AMENDEDCITY SEAL, ETC. An Ordinance. An ordinance of the Mayor and Council of the City of Morrow, Georgia to amend Article II, Section 2.10 of the charter and to amend Article IV, Section 4.02 A(2) of the charter so as to delete certain sections: Be it ordained by the Mayor and Council of the City of Morrow, Georgia and by authority of same, that Article II, Section 2.10 of the charter of the City of Morrow which provides as follows: 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

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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 by the Mayor and Council; shall provide such accounting therefor as may be required by the Mayor and Council; and shall perform such other duties as required by the Mayor and Council. The Mayor and Council shall require the City Clerk, before entering upon discharge of his duties to give good and sufficient bond in amount to be decided by the Mayor and Council, but not less than five thousand dollars ($5,000.00), said bond payable to the City of Morrow for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the Mayor and Council and the premium thereon shall be paid by the City. Is hereby amended by deleting the following provision: The Mayor and Council shall appoint a City Clerk who shall serve at the pleasure of the Mayor and Council. so that Article, II, Section 2.10 as amended will provide: City Clerk. 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 name of members present and

Page 4645

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 by the Mayor and Council; shall provide such accounting therefor as may be required by the Mayor and Council; and shall perform such other duties as required by the Mayor and Council. The Mayor and Council shall require the City Clerk, before entering upon discharge of his duties to give good and sufficient bond in amount to be decided by the Mayor and Council, but not less than five thousand dollars ($5,000.00), said bond payable to the City of Morrow for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the Mayor and Council and the premium thereon shall be paid by the City. Be it further ordained by the Mayor and Council of the City of Morrow, Georgia, and by authority of same that Article IV, Section 4.02 A(2) of the charter of the City of Morrow, which provides as follows: (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: 2. Members of appointed boards or commissions, judges, City Attorney, Administrative Assistant, City Clerk, and heads of departments appointed by the City Council,

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is hereby amended by deleting City Clerk, and heads of departments appointed by the City Council, so that Article IV, Section 4.02 A (2) as amended will provide: (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: 2. Members of appointed boards or commissions, judges, City Attorney, and Administrative Assistant. Approved and adopted this 2nd day of October, 1975. Roscoe H. Trivett, Mayor R. C. Harris, Mayor Pro Tem Louis W. Hisel, Councilman Don Brock, Councilman Tom Young, Councilman Sworn to and subscribed before me, this 24th day of October 1975, to be a true copy of the original. /s/ Mary L. Hendrickson Notary Public, Georgia, State at Large. My Commission Expires August 28, 1976. (Seal). Clayton County, Georgia. Personally appeared before the undersigned Bobbie Gay who on oath says that she is Legal Manager of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: September 16, 23, 30, 1975. /s/ Mrs. Bobbie Gay Legal Manager

Page 4647

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 Article II, Section 2.10 and Article IV, Section 4.02 A(2) of the Charter of the City of Morrow, Georgia under the Home Rule Act of 1965. The purpose of this amendment is to delete certain sections of both articles. A copy of the proposed amendment is on file in the City Hall and in the Office of the Clerk of the Superior court of Clayton County for the purpose of examination and inspection by the public. The first reading of this amendment will be held at the Regular Meeting of the Mayor and Council to be held on September 18, 1975. Roscoe H. Trivett, Mayor Sworn to and subscribed before me, this 22nd day of October, 1975. /s/ Helen W. Jenkins Notary Public, Georgia, State at Large. My Commission Expires Sept. 26, 1978. Filed in office of Secretary of State, October 28, 1975. CITY OF PALMETTOCHARTER AMENDEDCITY EMPLOYEES. An Ordinance. An Ordinance to amend the charter of the City of Palmetto and in particular section 21.1 of said charter so as to provide

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that the appointment and discharge of all employees shall rest in the council; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the Mayor and Council of the City of Palmetto, Georgia, as follows: Section 1 . That Section 21.1 of the Charter of the City of Palmetto (Ga. L. 1966, p. 2771, et seq), is hereby amended by striking from said section the language, The appointment and discharge of personnel shall be the authority of the Mayor, but in every case the Council shall have the right of approval., and substituting in lieu thereof the language, The appointment and discharge of all employees shall be within the exclusive authority of the Council., so that said section 21.1 as amended shall read as follows: The Mayor and Council shall have the authority to establish by ordinance such departments within the City government as they shall deem necessary and expedient to accomplish any purpose consistent with this Charter or the Laws of the State of Georgia. The officers, employees, and rules and regulations, including the fixing of compensation, duties and authority of personnel governing such departments shall be as established by ordinance. The appointment and discharge of all employees shall be within the exclusive authority of the Council. In every case where an officer or employee of the City is discharged under circumstances which could be prejudicial he shall have the right to a public hearing before the Council upon his written request. Section 2 . A copy of this proposed amendment to the Charter of the City of Palmetto (Ga. L. 1966, p. 2771, et seq), shall be filed in the Office of the Clerk of Council of the City of Palmetto and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the Charter of the City of Palmetto, in the form attached hereto as Exhibit A and by reference made a part hereof, shall be published once a week for three weeks in a newspaper of

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general circulation in the City of Palmetto and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Mayor and Council of the City of Palmetto. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned Marvin Diamond who on oath says that he is an agent of Woodprint of The South Fulton Recorder-News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Sept. 10, 1975, Sept. 17, 1975, Oct. 1, 1975. /s/ Marvin Diamond Notice of Proposed amendment to the Charter of the City of Palmetto. (Ga. L. 1966, p. 2771) Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Palmetto (Ga. L. 1966, p. 2771, et seq), so as to provide that the appointment and discharge of all employees shall be within the exclusive authority of the Council; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Palmetto, Georgia, and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public. This the 3rd day of September, 1975. Jean Conaway City Clerk City of Palmetto

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Sworn to and subscribed before me, this 13th day of October, 1975. /s/ Katharine N. Robertson Notary Public My Commission Expires Aug. 29, 1977. Filed in office of Secretary of State, October 14, 1975. CITY OF THOMASVILLECHARTER AMENDEDELECTIONS. An ordinance to amend the charter of the City of Thomasville which was established by an act approved October 3, 1889, entitled An act to incorporate the Town of Thomasville as the City of Thomasville, as amended by several subsequent acts, which acts and amendments provided for elections generally, absentee voting, hours polls are open and qualification of voters, a board of registrars, registration of voters, and registration lists; to strike the last paragraph of section 7 of the charter, as codified, captioned, Elections Generally, and to substitute therefor a new last paragraph of section 7 captioned Elections Generally, under the authority granted municipalities by section 34 A-602 of the Georgia Municipal Election Code, as amended, so as to adopt, for purposes of municipal elections, the same election district polling places designated by the board of registrars of Thomas County for voters residing within the corporate limits of the City of Thomasville; to strike section 7-A captioned Absentee Voting in its entirety, and to substitute therefor a new section 7-A captioned, Absentee Voting, so as to authorize absentee voting in city elections, and to authorize the handling of same by properly designated city officials in accordance with the provisions of the Georgia Municiapl Election Code, as amended; to strike section 40 captioned Hours Polls Are Open, Qualification of Voters, and to substitute therefor a new section 40 captioned

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Hours Polls Are Open, Qualification of Voters, so as to adopt by reference the same voting hours and voter qualifications as established by the Georgia Municipal Election Code, as amended; to strike section 41 captioned Board of Registrars, section 42 captioned Registration of Voters, and section 43 captioned Registration List, and to substitute a new section 41 captioned Registration of Voters, so as to adopt, under the authority granted municipalities by section 34 A-501(b) of the Georgia Municipal Election Code, as amended, the registration of voters by the Thomas County Board of Registrars of those voters residing within the corporate limits of the City of Thomasville, and to declare that such voters so registered are the registered voters of the City of Thomasville; and to authorize the use of certified voters lists, as prepared by said county board, in municipal elections of the City of Thomasville; to substitute a new section 42 to be captioned City Registrar, Absentee Ballot Clerk, Municipal Elections Superintendent, so as to declare the city clerk as ex-officio city registrar, absentee ballot clerk, and municipal elections superintendent; to substitute a new section 43 to be captioned use of voting machines, so as to authorize the use of voting machines in municipal elections under the authority granted municipalities by section 34 A-1102 of the Georgia Municipal Election Code, as amended; to strike section 44-A captioned Failure to Vote in Two Successive General Elections, Reregistration in its entirety; 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 repeal all ordinances in conflict herewith; to declare that if any part of this ordinance be declared void it is the intent hereof that all other provisions not so declared void shall remain in full force and effect; to provide the effective date of this ordinance; and for other purposes. Section I . Be it ordained by the Board of Commissioners 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

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October 3, 1889, entitled, An Act to Incorporate the Town of Thomasville as the City of Thomasville, as amended by several subsequent acts which acts and amendments provided for Elections Generally, Absentee Voting, Hours Polls Are Open and Qualification of Voters, A Board of Registrars, Registration of Voters, and Registration Lists, be and the same is hereby amended by striking the last paragraph of section 7 of the Charter as codified captioned Elections Generally, and to substitute therefor a new last paragraph of section 7 captioned Elections Generally, under the authority granted municipalities by section 34 A-602 of the Georgia Municipal Election Code, as amended, such new paragraph to read as follows: In municipal elections, qualified electors shall vote in the same election district polling places as those designated by the Board of Registrars of Thomas County, or other County officials properly so authorized, for voters residing within the corporate limits of the City of Thomasville to vote in State and County elections. Be it further ordained by the Board of Commissioners of the City of Thomasville and it is hereby ordained by authority of the same that section 7-A of the Charter, as amended, captioned Absentee Voting, be stricken in its entirety and a new section 7-A captioned Absentee Voting substituted therefor, such new section 7-A to read as follows: Section 7-A. Absentee voting. Absentee voting in all City elections is authorized, same to be conducted by the properly designated officials of the City and in accordance with the provisions of the Georgia Municipal Election Code, as amended. Be it further ordained by the Board of Commissioners of the City of Thomasville and it is hereby ordained by authority of the same that section 40 of the Charter, as amended, captioned Hours Polls are Open, Qualification of Voters be stricken in its entirety, and a new section

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40 captioned Hours Polls are Open, Qualification of Voters substituted therefor, such new section to read as follows: Section 40. Hours polls are open, Qualification of voters. The hours for the opening and closing of the polls and the qualification of voters to vote at any polling place in any City election shall be in accordance with the provisions of the Georgia Municipal Election Code, as amended. Be it further ordained by the Board of Commissioners of the City of Thomasville and it is hereby ordained by authority of the same that the Charter of the City of Thomasville be and the same is hereby amended by striking Section 41 captioned Board of Registrars, section 42 captioned Registration of Voters, and section 43 captioned Registration List and an entirely new section 41 captioned Registration of Voters, Section 42 captioned City Registrar, Absentee Ballot Clerk, Municipal Elections Superintendent, and section 43 to be captioned Use of Voting Machines, substituted therefor, such new sections to read as follows: Section 41. Registration of voters. All persons residing in the City of Thomasville who are qualified to vote and have a valid voter registration on file with the Board of Registrars of Thomas County, for the purpose of voting in State and County elections at polling places within the City limits, shall be the duly qualified and registered voters of the City of Thomasville and entitled to vote in all City elections for which they are not otherwise disqualified. Section 42. City Registrar, Absentee Ballot Clerk, Municipal Elections Superintendent. The City Clerk is hereby designated as the official City registrar to receive from the Board of Registrars of Thomas County, prior to all City elections, the list of voters residing within the corporate limits of the City of Thomasville, who, according to the records of said Board, at that time are duly

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qualified and registered to vote in State and County elections at polling places within the City limits. The City Registrar shall, upon receipt of such list, purge same in accordance with the provisions of Section 34A-507(a) (iii), Georgia Municipal Election Code, as amended, and certify such list to the City Clerk as the official voters list to be used in pending election. The City Clerk is hereby designated as the Absentee Ballot Clerk, and shall conduct such absentee balloting in accordance with the provisions of the Georgia Municipal Election Code, as amended. The City Clerk is hereby designated as Municipal Elections Superintendent, and shall conduct all City elections in accordance with the provisions of the Georgia Municipal Election Code, as amended. Said superintendent shall serve without compensation. In the event of disability or other disqualification of the City Clerk, the Board of Commissioners may by official declaration of such fact and the entering of same upon the minutes of any regular or special Commission meeting thereupon designate such other person or persons as such Registrar, Absentee Ballot Clerk or Municipal Elections Superintendent, and such person or persons shall immediately assume the discharge of all such responsibilities in accordance with the provisions of the Georgia Municipal Election Code, and no such action at any time in the election or runoff process shall be cause to invalidate any subsequent act of such person or persons. Section 43. Use of Voting Machines. The use of voting machines in all City elections is hereby authorized, in accordance with the provisions of the Georgia Municipal Election Code, as amended. The authorization to use voting machines does not preclude the use of paper ballots where due to circumstances beyond the control of the City, it will be impractical, impossible or inadvisable to secure or use voting machines, and the Board of Commissioners makes declaration of such fact and enters same upon the

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minutes of any regular or Special Commission meeting, and thereupon authorizes the use of paper ballots in such election. Be it further ordained by the Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same, that the Charter of the City of Thomasville be amended by striking Section 44-A captioned Failure to Vote in Two Successive General Elections, Reregistration in its entirety. Section II . Be it further ordained that all portions of the Charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section III . Be it further ordained that the amendments adopted by this ordinance shall become effective on and after September 1, 1975. Section IV . Be it further ordained that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect. Section V . 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 (3) weeks within a period of 60 days immediately preceding the day of the 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 of Thomasville, this the 14th day

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of April, 1975, after having been introduced and read the first time on the 24th day of March, 1975, amended and read the second time, passed and adopted on the 14th day of April, 1975. /s/ Jack A. Bracey Mayor /s/ Julius F. Arial City Clerk (Seal). 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. Notice is hereby given that an Ordinance will be introduced and read for final adoption on April 14, 1975; to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled `An Act to Incorporate the Town of Thomasville as the City of Thomasville'; as amended by several subsequent acts, which acts and amendments provided for Elections Generally, Absentee Voting, Hours Polls are Open and Qualification of Voters, A Board of Registrars, Registration of Voters, and Registration Lists; to strike the last paragraph of section 7 of the Charter, as codified, captioned Elections Generally, and to substitute therefor a new last paragraph of section 7 captioned Elections Generally under the authority granted municipalities by section 34 A-602 of the General Municipal Election Code, as amended, so as to adopt for purposes of municipal elections, the same election district polling places designated by the Board of Registrars of Thomas County for voters residing within the corporate limits of the City of Thomasville; to strike section 7-A captioned Absentee Voting in its entirety, and to substitute therefor a new section 7-A captioned Absentee Voting, so as to authorize

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absentee voting in City elections, and to authorize the handling of same by properly designated City officials in accordance with the provisions of the Georgia Municipal Election Code, as amended; To strike section 40 captioned Hours Polls Are Open, Qualification of Voters, and to substitute therefor a new section 40 captioned Hours Polls are Open, Qualification of Voters, so as to adopt by reference the same voting hours and voter qualifications as established by the Georgia Municipal Election Code, as amended; to strike section 41 captioned Board of Registrars, section 42 captioned Registration of Voters, and section 43 captioned Registration List, and to substitute a new section 41 captioned Registration of Voters, so as to adopt, under the authority granted municipalities by section 34 A-501(b) of the Georgia Municipal Election Code, as amended, the registration of voters by the Thomas County Board of Registrars of those voters residing within the corporate limits of the City of Thomasville, and to declare that such voters so registered are the registered voters of the City of Thomasville; and to authorize the use of certified voter lists, as prepared by said county board, in municipal elections of the City of Thomasville; to substitute a new section 42 to be captioned City Registrar, Absentee Ballot Clerk, Municipal Elections Superintendent, so as to declare the City Clerk as ex-officio City Registrar, Absentee Ballot Clerk, and Municipal Elections Superintendent; to substitute a new section 43 to be captioned Use of Voting Machines, so as to authorize the use of voting machines in municipal elections under the authority granted municipalities by section 34 A-1102 of the Georgia Municipal Election Code, as amended; to strike section 44-A captioned Failure to Vote in Two Successive General Elections, Reregistration in its entirety; 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 of the City of Thomasville, and also on file in the Office of the Clerk of the Superior Court of Thomas

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County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This the 18th day of March, 1975. B. B. Earle, Jr. Attorney for the City of Thomasville, Georgia Georgia, Thomas County. Personally appeared before 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 are published. Further deposing he says that as President of that Corporation, he is the person duly vested with authority to sign for that 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 twenty-first (21st) day of March, 1975 and on the fourth (4th) day and the eleventh (11th) day of April, 1975. This 15th day of April, 1975. /s/ Lee E. Kelly, Jr. President of the Times-Enterprise Company, Inc. Sworn to and subscribed before me, this the 15 day of April, 1975. /s/ Bobbie S. Palmer Notary Public, Thomas County, Georgia My Commission Expires Jan. 21, 1976. (Seal).

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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 18th day of March, 1975, 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 14th day of April, 1975, 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 15th day of April, 1975. /s/ B. B. Earle, Jr. Notary Public, Thomas County. My Commission Expires Oct. 25, 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 18th day of March, 1975, for the purpose of examination and inspection by the public.

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Further deposing, I say, under oath, that a copy of the foregoing Ordinance amending the Charter of the City of Thomasville properly certified 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 15th day of April, 1975. /s/ W.A. Watt, Jr. Clerk of the Superior Court of Thomas County, Georgia. Sworn to and subscribed before me, this the 15th day of April, 1975. /s/ Anne Maddox Notary Public, Georgia, State at Large. My Commission Expires May 9, 1978. (Seal). Filed office of Secretary of State April 17, 1975.

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ACTS BY NUMBERS Act No . Page 757 3 758 2504 759 165 760 166 761 167 762 168 763 2507 764 176 765 2509 766 181 767 2540 768 2541 769 2543 770 2545 771 2547 772 2549 773 185 774 186 775 187 776 188 777 190 778 192 779 193 780 2552 781 195 782 197 783 198 784 2588 785 199 786 2638 787 2640 788 2648 789 2650 790 2652 791 2655 792 201 793 202 794 203 795 203 796 2656 797 2658 798 205 799 2661 800 208 801 210 802 213 803 2694 804 215 805 2706 806 2708 807 2711 808 2713 809 216 810 2721 811 217 812 233 813 235 814 241 815 247 816 247 817 248 818 2722 819 250 820 252 821 259 822 260 823 2725 824 261 825 262 826 262 827 264 828 264 829 265 830 266 831 268 832 269 833 2726 834 270 835 271 836 272 837 274 838 275 839 276 840 277 841 279 842 281 843 282 844 282 845 308 846 319 847 2727 848 2730 849 2732 850 2733 851 2739 852 2741 853 2746 854 2751 855 2757 856 320 857 2775 858 2777 859 2781 860 2783 861 321 862 326 863 328 864 330 865 332 866 334 867 335 868 341 869 344 870 346 871 347 872 350 873 353 874 355 875 359 876 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768 1102 769 1103 3259 1104 771 1105 773 1106 775 1107 3261 1108 777 1109 3263 1110 3274 1111 780 1112 3275 1113 3278 1114 3282 1115 3284 1116 3288 1117 3292 1118 3295 1119 3301 1120 3305 1121 3308 1122 3310 1123 3313 1124 3316 1125 3319 1126 3321 1127 3332 1128 3334 1129 3336 1130 782 1131 785 1132 946 1133 949 1134 3398 1135 3402 1136 953 1137 966 1138 973 1139 974 1140 976 1141 977 1142 978 1143 980 1144 982 1145 983 1146 987 1147 988 1148 990 1149 991 1150 993 1151 1007 1152 1008 1153 1011 1154 1014 1155 1014 1156 1017 1157 1019 1158 1029 1159 1042 1160 1043 1161 1044 1162 1047 1163 1050 1164 1054 1165 1056 1166 1059 1167 1062 1168 1064 1169 1066 1170 1070 1171 3407 1172 1071 1173 1073 1174 1073 1175 3414 1176 3417 1177 1074 1178 1076 1179 1078 1180 1080 1181 3419 1182 3486 1183 1082 1184 3488 1185 1083 1186 1086 1187 1091 1188 3491 1189 1093 1190 3492 1191 3505 1192 1094 1193 3511 1194 3515 1195 1096 1196 3518 1197 3520 1198 3531 1199 3534 1200 3536 1201 3541 1202 3544 1203 3546 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RESOLUTIONS BY NUMBER Res. No. Page 89 2503 90 101 91 1748 92 183 93 184 94 1749 95 225 96 229 97 338 98 2785 99 1752 100 340 101 427 102 429 103 432 104 567 105 568 106 571 107 575 108 707 109 723 110 736 111 739 112 1198 113 1386 114 1753 115 1404 116 1409 117 1419 118 1755 119 1484 120 1489 121 1493 122 1494 123 1499 124 1502 125 1505 126 1515 127 4087 128 4088 129 1518 130 4123 131 1520 132 4124 133 4125 134 4126 135 4158 136 4160 137 1525 138 4195 139 4196 140 4198 141 1527 142 4261 143 4261 144 4294 145 1535 146 4296 147 1587 148 4391 149 1593 150 1605 151 1629 152 1636 153 1642 154 4392 155 4424 156 1647 157 4425 158 1651 159 1665 160 1672 161 1759 162 1675 163 1678 164 1761 165 1762 166 1764 167 1765 168 1767 169 1770 170 1771 171 1773 172 1776 173 1781 174 1783 175 1785 176 1787 177 1789 178 1792 179 1794 180 1796 181 1797 182 1798 183 1810 184 1812 185 1817 186 1819 187 1821 188 1823 189 1825 190 1827 191 1831 192 1849 193 1850 194 1851 195 1854 196 1860 197 1862 198 1864 199 1865 200 1869 201 1872 202 1874 203 1876 204 1878 205 1880 206 1882 207 1883 208 1885 209 1887 210 1888 211 1890 212 1892 213 1893 214 1896 215 1898 216 1900 217 1902 218 1904 219 1908 220 1910 221 1912 222 1913 223 1916 224 1918 225 1920 226 1924 227 1929 228 1687

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VETOES 1975-1976 Session Veto No. Bill No. Subject Veto Date 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 Act 25 HB 164 County Jails: Cost of Prisoners-Reimburse 3-25-76 Act 26 HB 2050 Cities, Counties School Dist., etc.: Investments 3-25-76 Act 27 HR 567-1544 Convey Property: Union Camp Corp. 3-31-76 Act 28 HB 1287 Heard County: Probate Ct. Judge: Salary 3-31-76 Act 29 HB 1288 Heard County: Tax Commissioner: Salary 3-31-76 Act 30 HB 1289 Heard County: Superior Ct. Clerk: Salary 3-31-76 Act 31 HB 1290 Heard County: Sheriff's Salary 3-31-76 Act. 32 HB 1804 Greene County Airport Authority: Create 3-31-76 Act 33 HB 1719 Carroll County: Tax Comm. Mileage Compensation 3-31-76 Act 34 SB 354 Atlanta Fulton Tax Comm: Deliquent Taxes 3-31-76 Act 35 SB 389 Law Enforcement Officers: Specify Basic Rights 3-31-76 Act 36 SB 547 Industrial Loan Act: Credit Insurance Rates: Min. Stds. 3-31-76 Act 37 SB 631 Effingham County: Hire Full Time Dep. Sheriffs 3-31-76 Act 38 HB 1615 Med. Practitioners Licensing Osteopaths 4-1-76 Act 39 HB 1958 Consumers' Utility Counsel: Transfer to Governor's Office 4-1-76 Act 40 HB 1651 Jekyll: Condominium Condom. Units 4-2-76 Act 41 SB 707 Fair Market Value: Actual Use as of 1/1 Tax Year 4-2-76 Act 42 HB 588 Presentence Hearings: Death Penalty Cases 4-7-76 Act 43 SB 586 Occupational Professional Tax: Include Real Estate 4-7-76 Act 44 SB 203 Persons Admitted to State Institutions: Cost of Care 4-8-76

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COUNTIES AND SUPERIOR COURT CIRCUITS

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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 GREGORY FULLERTON Law Assistant MAUD SAUNDERS Law Assistant MARK A. GUZA Law Assistant MISS ROSEMARY KITTRELL Law Assistant MRS. ELIZABETH LONG 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

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SUPERIOR COURT CALENDAR FOR 1976 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., 1124 Lark St., 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.

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AUGUSTA CIRCUIT. HONS. JOHN F. HARDIN, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta. 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.

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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.

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CONASAUGA CIRCUIT. HONS. ROBERT VINNING, 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.

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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. E. BYRON SMITH, D.A., Barnesville 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.

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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 4679

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 4680

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. PHILLIP R. WEST, D.A., P. O. Box 52, 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 4681

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, JR., Judges, Rome. LARRY SALMON, D. A., Rome. FloydSecond Monday in January, March, July and September; first Monday in May and November.

Page 4682

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.

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TALLAPOOSA CIRCUIT. HON. DAN WINN, Chief Judge, Cedartown. HAROLD L. MURPHY, Judge, Buchanan. JOHN T. PERREN, D. A., Dallas. DouglasThird Monday in March and September. HaralsonFourth Monday in April; second Monday in August and November. PauldingSecond Monday in April; fourth Monday in July; third Monday in October. PolkFourth Monday in February and August. TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, P. O. Box C, Tifton. W. J. FOREHAND, D. A., P. O. Box 253, Tifton. IrwinThird and fourth Mondays in February; second and third Mondays in May and November. TiftFirst Monday in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; second Monday in April and October. WorthFourth Monday in January, April, July, and October. TOOMBS CIRCUIT. HON. ROBERT L. STEVENS, Judge, P. O. Box 27, Thomson. KENNETH E. GOOLSBY, D. A., P. O. Box 405, Thomson. GlascockThird Monday in February, May, August and November. LincolnFourth Monday in January, April, July and October. McDuffieSecond Monday in March, June, September and December. TaliaferroFourth Monday in February, May, August, and November. WarrenThird Monday in January; first Monday in April, July and October. WilkesFirst Monday in February, May, August, and November.

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WAYCROSS CIRCUIT. HON. BEN A. HODGES, 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 4685

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Albany, central; development authority created, etc., referendum 1854 Athens, Downtown; development authority, eminent domain power granted 1912 Atlanta, City of; revenue bonds, certain guarantee provided 1869 Bibb (Macon) Urban Development Authority, bond provisions changed 1827 Bingo; lottery exemption provided 1874 Board of Regents; elderly citizen program, certain, authorized 1876 Books, State, donation of, provided 1764 Camilla, Downtown Development Authority 1812 Chatham County; certain industry tax exemption provided 1916 Clayton County; justice of peace, jurisdiction changed 1797 Cobb; homestead exemption, certain income excluded 1904 Cobb County; property disposition of dissolved municipalities provided 1898 Columbia County; authority to license businesses in unincorporated area provided 1792 Community Development, Department of; name changed to Department of Industry and Trade, etc. 1767 Constitutional Executive Officers, disability of, succession to office provided, etc. 1770 DeKalb County; certain claim payments provided 1825 DeKalb County; justice of the peace, vacancy provisions made 1882 DeKalb County; revenue for art purposes provided 1783 DeKalb County; solid waste disposal authority 1798 Dodge County, board of education, election of members provided, etc. 1776 Dodge County, certain tax exemption provided 1787 Downtown Athens; development authority, eminent domain power granted 1912 Downtown Camilla Development Authority 1812 Downtown Dublin Development Authority authorized 1860 Dublin, downtown, development authority authorized 1860 Echols County; probate judge, additional duties provided 1821 Fayette County; regulation of businesses in unincorporated area 1883 Fayette County; school superintendent, appointment authorized 1850 Floyd County; retirement system expanded 1887 Forsyth County; development purpose tax levy authorized 1920

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Forsyth County, merit system provided 1796 Forsyth County; tax exemption, certain, provided 1918 Fulton County; homestead exemption, income defined 1924 Fulton County; ordinances, enactment of certain, authorized 1880 Fulton County; tax exemption, cooperative ownerships changed 1864 General Assembly; effective date for changes in compensation, etc. made 1862 Glynn County; certain alcoholic beverage sales authorized 1896 Glynn County; tax exemption, certain, provided 1890 Governor, succession provision made 1785 Hahira, City of; public authority for telephonic communications authorized 1885 Hall County; board of education, terms staggered 1910 Henry County; sheriff, law enforcement powers vested in 1902 Henry County; tax exemption for certain industries provided 1900 Houston County; branch offices for county business authorized 1794 Houston County, justice of the peace court's jurisdiction increased 1752 Jefferson County; certain tax exemption provided 1819 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority 1831 Liberty County Industrial Authority, membership changed 1781 , 1823 Macon-Bibb County Urban Development authority, bond provisions changed 1827 Marietta, City of, homestead exemptions, certain income excluded in qualification for 1789 Marietta, City of; retirement benefits increased 1872 Medical student scholarships, provisions changed 1876 Mobile homes, separate tax classification provided 1753 Moultrie-Colquitt County Development Authority Revenue Bonds, maximum interest rate changed 1773 Muscogee County; homestead exemption increased on certain property 1913 Nonprofit homes, certain, tax exemption provided 1761 Paulding County; contracts, certain authority provided 1817 Pierce County; justice of the peace, jurisdiction increased 1888 Powder Springs, City of certain homestead exemption provided 1908 Property, personal, certain tangible, tax exemption provided 1755 Revenue Bonds for certain utilities, requirement of majority vote deleted 1749 Smyrna, City of; certain homestead exemption provided 1929 Solar energy, certain tax exemption provided 1765 Spalding County, regulation of business in unincorporated area provided 1771 , 1810

Page 4687

State Board of Pardons and Paroles; vacancy provisions changed, etc. 1865 State Properties Commission Membership provided, etc. 1748 Thomaston, City of; contract authorization provided, certain 1893 Transportation funds, provisions made for receipt, etc. 1759 Upson County; contract authorization provided, certain 1893 Ware County; officers, recall provisions made 1851 Wayne County; industrial development tax authorized 1892 Whitfield County; small claims court created 1849 Workmen's Compensation, subsequent injury fund created 1762 CODE SECTIONS 3-Title-Amended- Medical malpractice, limitations of actions provided 1363 9-401 Amended- Corporations, etc., certain practice of law by, provided 1511 13-2-Amended- Banking holding companies redefined, etc. 168 22-Title-Amended- Corporation code 1102 , 1576 23-1-Amended- County courthouse, etc., required to remain open during working hours 1522 24-1714-Amended- Probate courts, location of offices (600,000 or more) 682 24-1716-Amended- Certain correction procedures provided 1062 24-1801-Amended- Probate court clerks, appointment provided (23,450-23,550) 1094 24-2727-Amended- Superior court clerks, mailing fees provided (22,325-22,330) 426 24-2823-Amended- Sheriffs, fees changed, etc. 702 24A-Title- Juvenile Court Code amended, certain imprisonment prohibited 1064 24A-1301-Amended- Children and Youth Act 1066 26-13-Amended- Peace officer, aggravated assault on, etc. 543 26-14-Amended- Arson and related offenses redefined 1497 26-1507-Amended- Interference with certain utilities penalized 773 26-18-Amended- Entering automobile with certain criminal intent prohibited 186 26-18-Amended- Theft by conversion of payments for property improvements prohibited 1456 26-1902-Amended- Armed robbery, provisions changed 1359 26-2408-Amended- Perjury and falsifications redefined 483 26-2713-Amended- Gambling, etc., printed materials, certain exemption provided 1158 26-29-Amended- Crimes involving dangerous instrumentalities, act amended 1430 26-3001-Amended- Certain surveillance equipment use, not unlawful 1100 26-99-Amended- Public transit buses, etc., certain acts on prohibited 1645

Page 4688

27-2506-Amended- Service of certain misdemeanor sentences provided 210 27-3102-Amended- Weapon disposition, certain, authorized 167 29-407-Amended- Deeds, etc., recording when executed before certain officer without jurisdiction 521 30-127-Amended- Custody of children, provisions changed 1050 30-202.1-Amended- Divorce, fees, attorney may sue to enforce 1017 32-1-Amended- Branch colleges, female admission to, provision stricken 1510 32-5-Amended- State superintendent of Schools, annual reports provided 540 32-1107, 32-1109-Repealed- Education, certain taxation election provisions 1573 34-Title-Amended- Elections, making false statements penalized 205 34-6-Amended- Elections, certain voter registration deadline fixed 473 34-6-Amended- Elections, registration card form changed, etc. 457 34-605-Amended- Elections, chief registrar provisions changed, etc. 468 34-1107-Amended- Elections, ballots, number provisions changed 469 34-1204-Amended- Elections, voting machines, number required changed 463 34-1505-Amended- Elections, recount provided, etc., certain federal and state offices 248 34-A-Title-Amended- Elections, making false statements penalized 205 38-2-Amended- Rape evidence provisions changed 741 38-1606-Amended- Witness competency in child abandonment and adultery matters provided 1014 41A-Title-Amended- Financial Institutions Code-Certain receivership procedures changed, etc. 1681 41A-Title-Amended- Financial institutions code amended, multiple party accounts, etc. 1388 41A-1305-Amended- Financial institutions code amended-draft acceptance time changed 275 41A-1401-Amended- Financial institutions code amended, certain fiduciary privileges extended 274 41A-3307-Amended- International Banking Corporations, loans by authorized, etc. 201 46-Title-Amended- Garnishment act 1608 47-107-Amended- General Assembly, voucher provisions changed 763 49-Title-Amended- Guardian, natural, bonds of, provided, etc. 688 49-604-Amended- Guardian of property-appointment procedure changed 1156 50-121-Amended- Custody of children, provisions changed 1050

Page 4689

51-101-Amended- Homestead exemptions, amount of, changed 346 53-Title-Amended- Marriage license provisions changed 1719 53-201-Amended- Marriage licenses, location for obtaining provided 684 53-503-Amended- Married Women, authorized as sureties on bail bonds 478 56-Title-Amended- Health Care Plan Act 1461 56-Title-Amended- Insurance, disposition and collection of fees, etc., provided, etc. 1080 56-204-Amended- Insurance commissioner, public inspection of reports, provided 538 56-214-Amended- Insurance commissioner, order prohibiting certain acts authorized, etc. 411 56-407A-Amended- Uninsured motorists, bankruptcy provisions 1195 56-5-Chapter- Amended-Insurance rates, contracting provided, etc. 691 56-512.1-Amended- Insurance commissioner, additional authority provided 347 56-8A-Amended- Insurance, life, accident, etc., authority certificates, etc. 535 56-13-Amended- Insurance commissioner, certain information deemed confidential 1517 56-14-Amended- Rehabilitation and liquidation of insurers, conservation grounds changed 1076 56-19-Amended- Fraternal benefit societies, certificate valuation provided, etc. 983 57-116-Amended- Interest, certain rates changed 1197 59-Title-Amended- Mechanical jury selection, provisions made for, etc. 438 59-6A-Amended- Special purpose grand juries, provided, etc., (70,000 or more) 982 61-Title-Amended- Landlord and tenant provisions changed 1372 67-99-Amended- Motor vehicles, mortgaged, wrongful sale of, penalty increased, etc. 637 68-502-Amended- Motor contract carriers redefined 197 68A-706-Amended- School bus drivers, disembarking children 479 68A-903-Amended- Homicide by vehicle redefined 977 68B-207-Amended- Driver's licenses, minors, identification cards 1421 68B-305-Amended- Drivers licenses, certain mandatory suspension provided 1073 68B-312-Amended- Drivers' licenses-license suspension, time periods provided, etc. 1670 68B-313-Amended- Drivers' licenses-time of revocation, etc., provided 1668 69-3-Amended- Municipal corporations, sale of property, requirements provided, etc. 350 73-1-Amended- Sale of certain timber-marking paint prohibited, etc. 1556

Page 4690

74-107-Amended- Custody of children, provisions changed 1050 74-9902-Amended- Witness competency in child abandonment and adultery matters provided 1014 79A-Title-Amended- Pharmacists, regulatory fee provision made 675 79A-702-Dangerous drugs, further defined 631 79A-9917-Amended- Marijuana trials, certain jurisdiction fixed 1083 84-Title-Amended- Dentist and Dental Hygienists Act 484 84-Title-Amended- Landscape Architect Act 1730 84-Title-Amended- Motor vehicle, farm machinery, and construction equipment franchises practice act 1440 84-5-Amended- Chiropractors, certain student performance provided 1054 84-6-Amended- Podiatry, applicants, qualifications changed, etc. 355 84-11-Amended- Optometry, hearing officer provided 1575 85-10-Amended- Joint tenants, certain right of survivorship provided 1438 87-201-Amended- Counties, municipalities, bond issuance provisions (250,000-500,000) 1091 88-204-Amended- County boards of health, authorized to contract, etc. 1420 88-13-Amended- Radiation Control Act amended 1567 88-2005-Amended- Eyes, deceased donor's, certain technicians permitted to extract 1559 84-9-Amended- Medical practitioners, clinical clerkships provided 403 84-9-Amended- Osteopaths-Certain licensing provisions repealed, etc. 687 84-11-Amended- Optometry, certain delinquency penalty increased 185 84-2108A, 84-2109A-Amended- Geologists, certification requirements changed 695 84-9928-Repealed- Lightning rods, certain acts 260 85-10-Chapter- Amended-Tenants in common, multiple party accounts, etc. 1388 88-508.2-Amended- Mentally ill, expense payment concerning hospitalization provided 328 88-6-Amended- Mental Health and Mental Retardation Services Act 953 88-17-Amended- Death certificate provisions changed, etc. 677 88-1721-Amended- Vital records, certain correction procedures provided 1062 89-5-Amended- County officers, certain suspension on felony conviction provided 277 89-101-Amended- Public officers, certain age eligibility changed, etc. 464 92-Title-Amended- Tax notice information requirements 518 92-603-Repealed- certain confederate soldier exemption 264

Page 4691

92-1403-Amended- Motor fuel taxation, watercraft tax repealed 269 92-2010-Repealed- Salary and wage buyers act repealed 262 92-24-Amended- Tax returns of certain corporations provided, etc. 1580 92-2902-Amended- Forest products trucks, fee provisions changed 694 92-3002-(n)-Repealed- Certain income tax provisions 980 92-3015-Amended- Tax exempt organizations defined 613 92-3102-Amended- Corporation taxation provisions clarified 646 92-3102(b); 92-3301-Amended- Certain income tax provisions changed 980 92-3106(a)-Amended- Income tax, personal exemptions redefined 250 92-3108-Amended- Income tax, net income defined 320 92-3216-Amended- income tax secrecy requirements changed 192 92-34-Amended- Estate tax returns, etc. 624 92-36-Repealed- State departments, etc., certain revenue collection act repealed 261 92-4101-Amended- Town of Lyerly, tax limitation provision, exemption from provided 421 92-49-Amended- Tax collectors and Commissioners, checks may be accepted, etc. 1044 92-5802-Repealed- Deputy revenue commissioners' duties 262 92-5905, 92-5908-Repealed- Insurance companies, returns, etc. 262 92-6913-Amended- Boards of tax assessors-penalty provisions changed 1042 92-6913-Amended- Board of Tax Assessors, penalty provisions provided 1071 92-9915-Repealed- State departments, etc., certain revenue collection act repealed 261 93-211-Amended- Public Service Commission, venue provided 418 93-307.1-Amended- Public Service Commission, Action procedure established 419 95A-Title-Amended- Public transportation code amended 775 95A-902-Amended- Code of public transportation amended, enforcement officers duties specified, etc. 1500 95A-922-Amended- Public transportation code amended, outdoor advertising permits, provisions changed 1508 100-1-Chapter- State depository board, meetings changed 728 100-108-Amended- State depository act amended 769 108-4-Amended- Trustees, certain small business firm investments authorized 560 113-6-Amended- Wills, additional witness procedures provided, etc. 640 113-10-Amended- Year's support provisions changed, etc. 1059

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COURTS SUPERIOR COURTS Atlantic circuit; district attorney's office, additional secretary provided 1187 Barrow County; clerk, etc., personnel salaries, etc. 3531 Bartow County; clerk, salary changed 3744 Bibb County; assistant district attorneys provided 1165 Bleckley County; additional judge provided 777 Brooks County; district attorney, investigator provided 321 Bryan County; district attorney's office, additional secretary provided 1187 Bulloch County; clerk's employees, salaries changed 3754 Chattooga County; clerk, budget provided, etc. 2741 Cherokee County; clerk, etc., personnel salary changes 3930 Cherokee County; clerk, etc., personnel salaries, provisions changed 2998 Clarke County; additional judge provided 562 Clayton County; clerk, etc., salary changed 2870 Clerk, etc., salary fixed (35,000-44,000) 3003 Clerks; investment of certain funds authorized 976 Clerks, mailing fees provided (22,325-22,330) 426 Clerks, personnel provided (145,000-165,000) 3491 Clerks retirement act amended 729 Colquitt County; district attorney, investigator provided 321 Crawford County; assistant district attorneys provided 1165 Decatur County; clerk placed on sealary 2549 , 3555 DeKalb County; district attorney, salary supplement limited, etc. 3986 Dodge County; additional judge provided 777 Douglas County; judges, expense allowance supplemented 632 Echols County; district attorney, investigator provided 321 Evans County; district attorney's office, additional secretary provided 1187 Floyd County; clerk, chief deputy's salary changed 2920 Forsyth County; clerk, etc., personnel provisions changed 3130 Habersham County; judge, supplemental salary authorized 1086 Haralson County; judges, expense allowance supplemented 632 Heard County; clerk, salary changed 2858 Jenkins County; clerk, placed on salary 3645 Judge emeritus, certain, certain payment provided (79,600-81,000) 4089 Judges retirement system act 586 Judicial circuits, certain; assistant district attorneys, certain, compensation 526 , 673 Liberty County; district attorney's office, additional secretary provided 1187 Lincoln County; assistant district attorney, office created 1173

Page 4693

Long County; district attorney's office, additional secretary provided 1187 Lowndes County; district attorney, investigator provided 321 Macon circuit; assistant district attorneys provided 1165 McDuffie County; assistant district attorney, office created 1173 McDuffie County; clerk, etc., salary changes 2842 McIntosh County; district attorney's office, additional secretary provided 1187 Montgomery County; additional judge provided 777 Mountain circuit; judge, supplemental salary authorized 1086 Oconee circuit; additional judge provided 777 Oconee County; additional judge provided 562 Oconee County; clerk placed on salary 3565 Paulding County; judges, expense allowance supplemented 632 Peach County; assistant district attorneys provided 1165 Polk County; judges, expense allowance supplemented 632 Pulaski County; additional judge provided 777 Rabun County; judge, supplemental salary authorized 1086 Seminole County; clerk, salary changed 2781 Southern Circuit; investigator provided 321 Stephens County; judge, supplemental salary authorized 1086 Sumter County; clerk, salary increased, etc. 3152 Taliaferro County; assistant district attorney, office created 1173 Taliaferro County; clerk placed on salary 3802 Tallapoosa circuit; judge expense allowance supplemented 632 Tattnall County; district attorney's office, additional secretary provided 1187 Telfair County; additional judge provided 777 Telfair County; clerk, salary changed 3598 Thomas County; district attorney, investigator provided 321 Toombs circuit; assistant district attorney, office created 1173 Towns County; judge, supplemental salary authorized 1086 Union County; judge, supplemental salary authorized 1086 Walker County; clerk, personnel salary changes, etc. 3798 Warren County; assistant district attorney, office created 1173 Western circuit; additional judge provided 562 Wheeler County; additional judge provided 777 Wilkes County; assistant district attorney, office created 1173 CIVIL COURTS Fulton; consolidated in creation of State court 3023 CRIMINAL COURTS Fulton; personnel 3546 Fulton; consolidated in creation of state court 3023 Fulton; demand for trial provisions changed, etc. 3019

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MUNICIPAL COURTS Columbus; judge, vacancy provisions changed, etc. 2727 Savannah; judge, salary changed 3334 JUVENILE COURTS Clarke; judge, salary changed 3750 STATE COURTS Bryan; judge, etc., eligibility requirements changed, etc. 3332 Bulloch; judge and solicitor, salaries changed 3764 Bulloch; sheriff and deputies, salaries changed 3767 Chatham; judge, etc., salary changes 2909 Chatham; judge, additional, provided, etc. 2912 Colquitt; terms changed 2648 DeKalb; court costs changed 2906 DeKalb; judge added, etc. 3488 DeKalb; solicitor, prohibited from practicing law, etc. 3986 Dougherty; jurisdiction changed, etc. 3176 Fulton; state court created 3023 Glynn; clerk, etc., salary changes 3159 Gwinnett; jurors provided, etc. 4018 Habersham; solicitor, secretary to, salary changed 3654 Hall; judge and solicitor, salaries changed 3773 Miller; judge, salary changed 2775 Mitchell; judge, etc., salary changes, etc. 3625 Sumter; clerk, salary increased, etc. 3152 Troup; judge, qualifications changed 3722

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COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling; small claims court, jurisdiction changed, etc. 3588 Bacon; board of education, members' election, etc., referendum 2713 Bacon; small claims court, judge, residency requirements changed 2850 Baldwin; board of commissioners, chairman provisions changed 3301 Baldwin; small claims court, jurisdiction changed 3261 Barrow; board of commissioners, recreated, etc. 4033 Barrow; superior court clerk, etc., personnel salaries, etc. 3531 Bartow; commissioner, salary changed 3748 Bartow; probate court judge, salary changed 3746 Bartow; sheriff, salary changed 3742 Bartow; superior court clerk, salary changed 3744 Bartow; tax commissioner, salary changed 3740 Bibb; assistant district attorneys provided 1165 Bibb (Macon); urban development authority, bond provisions changed; proposed amendment to the Constitution 1827 Bibb (Macon); new charter, referendum 3818 Bleckley; additional judge provided 777 Bleckley; commissioner, salary changed 3241 Bleckley; county audit date changed 3980 Brooks; compensation to authorized 4261 Brooks; district attorney, investigator provided 321 Brooks; sheriff, prisoner feeding provisions changed 3113 Bryan; district attorney's office, additional secretary provided 1187 Bryan; state court judge, etc., eligibility requirements changed, etc. 3332 Bibb (Macon); Urban development authority, eminent domain procedure changed 3950 Bulloch; board of commissioners, salaries changed, etc. 3757 Bulloch; certain officers and employees, salary changes 3752 Bulloch; coroner, salary changed 3762 Bulloch; lease of land to authorized 1672 Bulloch; probate court, salaries of clerical employees changed 3770 Bulloch; state court judge and solicitor, salaries changed 3764 Bulloch; superior court clerk's employees, salaries changed 3754 Bulloch; tax commissioner, personnel salary changes 3760 Burke; conveyance of land to, authorized 1494 Butts; small claims court created 3006 Camden; tax commissioners, salary changed, referendum 2831 Carroll; board of education, election provided, etc., referendum 4479

Page 4696

Carroll; coroner, mileage allowance provided 3125 Catoosa; board of utilities commissioners, powers extended 3726 Catoosa; conveyance of land to authorized 427 Catoosa; (Lakeview-Fort Oglethorpe) stadium authority created; proposed amendment to the Constitution 1831 Chatham; certain industry tax exemption provided; proposed amendment to the Constitution 1916 Chatham; commissioners, etc., salary changes 3724 Chatham; state court, judge, additional, provided, etc. 2912 Chatham; state court, judge, etc., salary changes 2909 Chatham; water and sewer authority created 3676 Chattooga; board of commissioners created, etc., referendum 2694 Chattooga; probate court, budget provided, etc. 2751 Chattoga; superior court clerk, budget provided, etc. 2741 Chattooga; tax commissioner, budget provided, etc. 2741 Cherokee; superior court clerk, etc., personnel salaries, provisions changed 2998 , 3930 Cherokee; water and sewerage authority act amended, membership changed, etc. 3702 Clarke; additional judge provided 562 Clarke; board of commissioners, purchasing provisions changed 3628 Clarke; juvenile court judge, salary changed 3750 Clayton; board of commissioners, chairman, salary changed 2848 Clayton; justice of peace, jurisdiction changed; proposed amendment to the Constitution 1797 Clayton; probate court judge, salary changed 2866 Clayton; superior court clerk, etc., salary changed 2870 Clayton; tax commissioner, salary changed 2867 Cobb; homestead exemption, certain income excluded; proposed amendment to the Constitution 1904 Cobb; property disposition of dissolved municipalities provided; proposed amendment to the Constitution 1898 Coffee; commissioners, auditing procedures changed 2864 Colquitt; district attorney, investigator provided 321 Colquitt (Moultrie); Development authority bonds, interest rate changed; proposed amendment to the Constitution 1773 Colquitt; state court, terms changed 2648 Columbia; authority to license businesses in unincorporated area provided; proposed amendment to the Constitution 1792 Columbia; board of commissioners, election provisions changed 3140 Coweta; treasurer, office abolished, etc. 3576 Crawford; assistant district attorneys provided 1165 Dawson; sheriff, budget provided, etc. 3316 Decatur; land conveyance to, authorized 1386

Page 4697

Decatur; small claims court, jurisdiction changed, etc. 2652 Decatur; superior court clerk placed on salary 2549 , 3555 DeKalb; airport authority created 2926 DeKalb; board of commissioners, fine assessment changed 2658 DeKalb; certain claim payments provided; proposed amendment to the Constitution 1825 DeKalb; citizens' committee for efficient government created 4011 DeKalb; developmental disabilities planning and coordinating council created 2826 DeKalb (Fulton) Hospital Authority study committee created 1419 DeKalb; justice of the peace, qualifications provided, etc. 3111 DeKalb; justice of the peace, vacancy provisions made; proposed amendment to the Constitution 1882 DeKalb; notary public ex officio justice of the peace, office abolished 3109 DeKalb; property appraisal study committee created 4196 DeKalb; recorder's court, fine assessment changed 2656 DeKalb; recorder's court, inspectors provided, etc. 3976 DeKalb; revenue for art purposes provided; proposed amendment to the Constitution 1783 DeKalb; solid waste disposal authority; proposed amendment to the Constitution 1798 DeKalb; state court, costs changed 2906 DeKalb; state court judge, added, etc. 3488 DeKalb; state court; solicitor prohibited from practicing law, etc. 3986 DeKalb; superior court, district attorney, salary supplement limited, etc. 3986 District Attorneys, assistant, certain judicial circuits, compensation authorized 526 Dodge; additional judge provided 777 Dodge; board of education, election of members provided, etc.; proposed amendment to the Constitution 1776 Dodge; certain tax exemption provided; proposed amendment to the Constitution 1787 Dougherty; small claims court created 3164 Dougherty; state court, jurisdiction changed, etc. 3176 Douglas; board of commissioners, qualifications changed 2706 Douglas; land conveyance to, authorized 1520 Douglas; superior court judges, expense allowance supplemented 632 Echols; district attorney, investigator provided 321 Echols; probate judge, additional duties provided; proposed amendment to the Constitution 1821 Echols; tax commissioner, salary changed 4005 Elbert; land conveyance to, authorized 1502 Elbert; law library, furnishing books to authorized 4261 Evans; district attorney's office, additional secretary provided 1187

Page 4698

Fayette; board of commissioners, election provisions changed, etc., referendum 3398 Fayette; regulation of businesses in unincorporated area; proposed amendment to the Constitution 1883 Fayette; school superintendent, appointment authorized; proposed amendment to the Constitution 1850 Floyd; retirement system expanded; proposed amendment to the Constitution 1887 Floyd; superior court clerk, etc., chief deputy's salary changed 2920 Floyd; tax commissioner, salary of chief deputy changed 2917 Forsyth; development purpose tax levy authorized; proposed amendment to the Constitution 1920 Forsyth; merit system provided, proposed amendment to the Constitution 1796 Forsyth; superior court clerk, etc., personnel provisions changed 3130 Forsyth; tax commissioner, personnel provisions changed 3128 Forsyth; tax exemption, certain, provided; proposed amendment to the Constitution 1918 Franklin; advisory board, compensation changed 3607 Fulton; criminal court, demand for trial provisions changed, etc. 3019 Fulton; criminal court, personnel 3546 Fulton-DeKalb Hospital Authority study committee created 1419 Fulton; homestead exemption, income defined; proposed amendment to the Constitution 1924 Fulton; judges' and solicitor generals' retirement fund act amended 2507 , 3047 Fulton; ordinances, enactment of certain, authorized; proposed amendment to the Constitution 1880 Fulton; pension act amended 3259 Fulton; pension payments, rules establishment authorized 3043 Fulton; pension payments 3045 Fulton; state court created 3023 Fulton; tax exemption, cooperative ownerships changed; proposed amendment to the Constitution 1864 Fulton; teachers and employees retirement act amended 3051 , 3053 , 3056 , 3058 Glascock; board of commissioners, election of chairman, provisions changed 3728 Glascock; board of commissioners, salary changed, etc. 3730 Glascock; probate court judge, salary changed 3732 Glascock; tax commissioner, salary changed 3734 Glascock; treasurer, salary changed 3736 Glynn; board of commissioners, election of members, etc. 2949 Glynn; board of education, districts created, etc., referendum 4027 Glynn; certain alcoholic beverage sales authorized; proposed amendment to the Constitution 1896

Page 4699

Glynn; certain tax exemption provided; proposed amendment to the Constitution 1890 Glynn; probate court judge's deputies, salaries changed 3790 Glynn; sheriff's office, personnel provisions changed 3966 Glynn; state court, clerk, etc., salary changes 3159 Gordon; board of commissioners, bond provisions changed, etc. 3115 Grady; board of commissioners, terms changed, etc. 3251 Grady; board of education, compensation changes, referendum 3162 Gwinnett; state court, jurors provided, etc. 4018 Habersham; board of education, election of provided, referendum 2798 Habersham; board of education, superintendent's appointment provided, referendum 2803 Habersham; judge, supplemental salary authorized 1086 Habersham; state court secretary to solicitor, salary changed 3654 Hall; board of education, terms staggered; proposed amendment to the Constitution 1910 Hall; state court judge and solicitor, salaries changed 3773 Hancock; board of commissioners, election provisions, etc. 3292 Hancock; small claims court created 3263 Haralson; superior court judges, expense allowance supplemented 632 Heard; probate court judge, salary changed 2856 Heard; sheriff, salary changed 2854 Heard; superior court clerk, salary changed 2858 Heard; tax commissioner, salary changed 2852 Henry; board of commissioners, terms staggered 3616 Henry; sheriff, law enforcement powers vested in; proposed amendment to the Constitution 1902 Henry; small claims court created 4463 Henry; tax exemption for certain industries provided; proposed amendment to the Constitution 1900 Houston; board of commissioners, vacancy provisions changed 3982 Houston; branch offices for county business authorized; proposed amendment to the Constitution 1794 Houston; jurisdiction of justice of peace increased; proposed amendment to the Constitution 1752 Irwin; board of commissioners, chairman 3621 Irwin; land conveyance to authorized 1651 Jefferson; certain tax exemption provided; proposed amendment to the Constitution 1819 Jefferson; small claims court created 3687 Jenkins; board of commissioners, chairman, election changed 3643 Jenkins; chief deputy sheriff, salary changed, etc. 3630 Jenkins; probate court judge placed on salary 3648 Jenkins; small claims court created 2786

Page 4700

Jenkins; superior court clerk placed on salary 3645 Jenkins; tax commissioner, salary provisions changed, etc. 3650 Jones; board of commissioners, salaries changed 3319 Laurens (Dublin); development authority act amended, bonds interest limitations removed 4007 Liberty; district attorney's office, additional secretary provided 1187 Liberty; industrial authority, membership changed; proposed amendment to the Constitution 1781 , 1823 Lincoln; assistant district attorney, office created 1173 Lincoln; tax commissioner placed on salary 3145 Lincoln; treasurer, salary changed 3711 Long; board of education, election, etc., referendum 3536 Long; district attorney's office, additional secretary provided 1187 Long; small claims court created, referendum 3321 Lowndes; board of commissioners, compensation changed, etc. 3126 Lowndes; district attorney, investigator provided 321 Lumpkin; school superintendent, appointment provided, etc., referendum 3945 Macon; recreation commission, conveyance of property to authorized 432 Madison; board of commissioners, salary changes, etc. 2733 Madison; tax commissioner, salary changed 2543 McDuffie; assistant district attorney, office created 1173 McDuffie; board of commissioners, salary changes 2846 McDuffie; sheriff, supplemental allowance provided 3713 McDuffie; superior court clerk, etc., salary changes 2842 McDuffie; tax commissioner, personnel salary changes, etc. 2839 McIntosh; district attorney's office, additional secretary provided 1187 Miller; state court, salary of judge changed 2775 Mitchell; state court judge, etc., salary changes, etc. 3625 Montgomery; additional judge provided 777 Muscogee; homestead exemption increased on certain property; proposed amendment to the Constitution 1913 Newton; board of commissioners, districts changed, etc., referendum 3402 Newton; board of commissioners, expense statements required 3032 Newton; board of education, competitive purchase bidding required 3559 Newton; board of education, election districts changed, etc., referendum 3505 Newton; small claims court created 3807 Oconee; additional judge provided 562 Oconee; board of commissioners, chairman, salary changed 3568 Oconee; board of commissioners; conveyance of land to, authorized 1587 Oconee; probate court judge, placed on salary 3570

Page 4701

Oconee; school superintendent, appointment provided, referendum 3935 Oconee; sheriff, automobile provisions changed 3563 Oconee; superior court clerk placed on salary 3565 Oconee; tax commissioner, salary changed, etc. 3578 Paulding; contracts, certain authority provided; proposed amendment to the Constitution 1817 Paulding; superior court judges, expense allowance supplemented 632 Peach; assistant district attorneys provided 1165 Pickens; sheriff, additional deputy provided 3548 Pierce; justice of the peace, jurisdiction increased, proposed amendment to the Constitution 1888 Polk; superior court judges, expense allowance supplemented 632 Pulaski; additional judge provided 777 Rabun; board of commissioners, self-insurance authorized 4014 Rabun; judge, supplemental salary authorized 1086 Richmond (Augusta); created, charter granted, referenda 4297 Richmond; merit system act amended, employees covered by act provided, etc. 4475 Richmond; Protestant Episcopal Society, act amended 3002 Richmond; superintendent of schools, vacancy provisions made 3738 Schley; board of commissioners, compensation changes 2806 Seminole; coroner placed on salary 2783 Seminole; small claims court, jurisdiction changed, etc. 2777 Seminole; superior court clerk, salary changed 2781 Sheriffs, certain, personnel, salaries changed 3964 Small claims courts, certain administrative fees provided 3042 Spalding; regulation of businesses in unincorporated area provided; proposed amendment to the Constitution 1771 , 1810 Spalding; small claims court, jurisdiction changed, etc. 2903 Stephens; judge, supplemental salary authorized 1086 Stewart; commissioner, salary changed 3699 Stewart, tax commissioner, salary changed 3698 Sumter; superior and state courts, clerks, salaries increased, etc. 3152 Taliaferro; assistant district attorney, office created 1173 Taliaferro; superior court clerk placed on salary 3802 Tattnall; district attorney's office, additional secretary provided 1187 Telfair; additional judge provided 777 Telfair; commissioner, salary changed 3603 Telfair; probate court judge, salary changed 3600 Telfair; sheriff, salary changed 3594 Telfair; superior court clerk, salary changed 3598 Telfair; tax commissioner, salary changed 3596 Terrell; deputy sheriff, salary changed 3239 Thomas; district attorney, investigator provided 321

Page 4702

Tift; board of commissioners, chairman, salary changed 3792 Tift; development authority, bond interest rate increased 2739 Toombs; board of commissioners, salary changed 3541 Towns; judge, supplemental salary authorized 1086 Towns; land conveyance to, authorized 1647 Towns; sheriff, personnel provided, etc. 2824 Troup; small claims court, jurisdiction changed, etc. 3718 Troup; state court judge, qualifications changed 3722 Union; judge, supplemental salary authorized 1086 Upson; certain contract authorization provided; proposed amendment to the Constitution 1893 Upson; probate court judge, budget, etc. 3511 Walker; superior court clerk, personnel salary changes, etc. 3798 Walker; tax commissioner, personnel salary changes, etc. 3795 Ware; board of commissioners, recall provisions made, etc. 3993 Ware; board of commissioners, salary changes; county manager provided, referendum 2811 Ware; officers, recall provisions made; proposed amendment to the Constitution 1851 Warren; assistant district attorney, office created 1173 Warren; board of commissioners, referendum on question of multi-member board authorized 3660 Warren; probate court, clerical assistance provided 3148 Washington; small claims court, jurisdiction changed, etc. 3640 Wayne; industrial development tax authorized; proposed amendment to the Constitution 1892 Wheeler; additional judge provided 777 Whitfield; small claims court created; proposed amendment to the Constitution 1849 Wilkes; assistant district attorney, office created 1173 Wilkes; small claims court, jurisdiction changed, etc. 2945 COUNTY-WIDE GOVERNMENTS Augusta-Richmond; created, charter granted, referenda 4297 Columbia; jailer required to keep prisoner record 2708 Columbus; land conveyance to, authorized 575 Columbus; municipal court judge, vacancy provisions changed 2727 Macon-Bibb; new charter, referendum 3818 COUNTY AND COUNTY MATTERS BY POPULATION 6,700-6,825; treasurer, appointment authorized 2802 7,330-7,550; board of elections provided 3313 , 3636 8,750-8,950; small claims courts, jurisdiction changed 3586 9,977-10,140; small claims court, act creating repealed 3274 10,600-10,900; sheriffs, salaries changed, etc. 3123 15,950-16,500; grand juries, presence of stenographer authorized, etc. 2638 17,830-18,080; certain hospital board authorities, member composition changed 3250

Page 4703

22,325-22,330; superior court clerks, mailing fees provided 426 22,830-23,500; small claims courts, jurisdictional amounts changed 2721 23,450-23,550; probate court clerks, appointment provided 1094 23,600-25,000; board of elections created, certain 3617 31,600-32,300; receipt of certain tax returns prohibited 4021 32,000-32,300; tax return time changed 1155 32,300-32,600; small claims courts created 4040 32,700-33,400; county treasurer, compensation 2540 35,000-44,000; certain expense reimbursement provided 4001 35,000-44,000; coroners salaries fixed 3004 35,000-44,000; superior court clerk, etc., salary fixed 3003 35,000-44,000; tax commissioners, salaries fixed 3005 55,110-58,000; coroners, salaries changed 3121 60,000-65,000; board of elections created 3635 70,000 or more; special purpose grand juries provided, etc. 982 70,000-100,000; county tax digests, separate color requirements deleted 2726 79,600-81,000; superior court judge emeritus, certain payment provided 4089 90,000-140,000; certain pauper burial expenses provided 3786 90,000-140,000; coroner, compensation fixed, etc. 2655 103,000-135,000; district attorney, assistant, office created 3584 145,000-165,000; certain officials and personnel, salaries changed 3155 145,000-165,000; superior court clerks, personnel provided 3491 165,000-175,000; coroners, salaries changed 2732 168,000-195,000; law libraries, cost provisions changed, etc. 560 170,000-195,000; board of zoning appeals, membership increase authorized 3801 180,000-190,000; grand juries, certain investigative, provided 1163 200,000 or more; county tax digests, separate color requirements deleted 2726 200,000-600,000; intoxicating beverages, certain Sunday sales provided, referendum 2809 250,000-500,000; bond issuance provisions 1901 250,000-500,000; tax collection study commission dissolution provided, etc. 2725 400,000 or more cities, containing; meetings required 3137 400,000-500,000; certain tax payment receipts need not be furnished 3605 600,000 or more; marriage licenses, location for obtaining provided 684 600,000 or more; probate courts, office locations 682 COUNTIES AND COUNTY MATTERS HOME RULE ACTIONS DeKalb; pension board, certain investments authorized 4491 DeKalb; purchases, increase of ceiling on provided 4486

Page 4704

Fulton; fire prevention system prohibition removed, etc. 4496 Richmond; employees' pension fund act amended 4500 MUNICIPAL CORPORATIONS NAMED CITIES Adel; charter amended, corporate limits changed, etc. 2757 Albany; central, development authority created, etc., referendum; proposed amendment to the Constitution 1854 Albany; charter amended, certain park jurisdiction provided 3143 Athens; charter amended, employees pension plan amended 2640 Athens; downtown development authority, eminent domain power granted; proposed amendment to the Constitution 1912 Atlanta; charter amended, corporate limits changed 3553 , 3674 Atlanta; Metropolitan Express System Development Plan, authorized 1518 Atlanta; metropolitan rapid transit authority act amended, certain investment interest purposes limited 3098 Atlanta; metropolitan rapid transit system act amended, election of secretary and treasurer provided 3407 Atlanta; metropolitan rapid transit authority act amended, public meeting requirements changed 3104 Atlanta; metropolitan rapid transit authority act amended, reporting requirements changed 3092 Atlanta; revenue bonds, certain guarantee provided; proposed amendment to the Constitution 1869 Auburn; charter amended, member attendance, etc. 2541 Augusta; charter amended, certain succession of council members prohibited, etc. 3787 Augusta; Protestant Episcopal Society, act amended 3002 Augusta (Richmond); created, charter granted, referenda 4297 Austell; charter amended, corporate limits changed 3778 Baconton; new charter 2552 Bainbridge; charter amended, penalty provisions changed 2650 Bainbridge; land conveyance to, authorized, etc. 1593 Barnesville; charter amended, violation provisions changed 3544 Baxley; charter amended, corporate limits extended 3671 Berlin; new charter 2509 Blackshear; charter amended, recorder's court, jurisdiction changed 3551 Brooks; charter amended, terms of certain offices changed, etc. 3609 Buchanan; charter amended, powers extended 3662 Calhoun; sale of land to, authorized 707 Camak; charter amended, terms of officials changed 3310 Camilla; downtown development authority established; proposed amendment to the Constitution 1812 Concord; charter amended, officials' terms changed, etc. 3150 Coolidge; new charter 2872

Page 4705

Cornelia; charter amended, recorder's court, provisions changed 3939 Dalton; charter amended, corporate limits changed 3492 Dalton; charter amended, recorder, salary changed 2916 Dawson; charter amended, maximum millage rate reduced 2838 Decatur; charter amended, corporate limits changed 2923 Dublin; downtown development authority authorized; proposed amendment to the Constitution 1860 Dublin (Laurens); development authority act amended, bonds, interest limitations removed 4007 Duluth; charter amended, election provisions changed 3534 East Point; charter amended, councilmen's qualifications changed, etc. 3486 East Point; charter amended, mayor and council, functions changed, etc. 3417 East Point; charter amended, provisions for dismissal of employees provided 3414 Eatonton; charter amended, corporate limits changed 3305 Euharlee; new charter, referendum 4090 Fort Oglethorpe; charter amended, salaries of aldermen changed 3794 Fort Oglethorpe (Lakeview)-Catoosa County stadium authority created; proposed amendment to the Constitution 1831 Fort Valley; redevelopment authority created 3520 Gay; charter amended, terms of office changed, etc. 3776 Glenwood; charter amended, franchise provision changed 2547 Grantville; charter amended, recorder's court created, etc. 2994 Hahira; public authority for telephonic communications authorized; proposed amendment to the Constitution 1885 Hampton; former charter repealed 3612 Hazlehurst; charter amended, election date changed 3592 Hoboken; new charter 3060 Hogansville; new charter, referendum 2588 Homerville; charter amended, election provisions changed, etc. 3253 Jackson; charter amended, audit provisions changed, etc. 3706 Jefferson; land conveyance to, authorized, etc. 1629 Kennesaw; charter amended, corporate limits changed 3295 Kingsland; charter amended, certain terms of office staggered, etc. 2833 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; proposed amendment to the Constitution 1831 Lexington; charter amended, recorder's court 3284 Lithonia; charter amended, recorder's court, fines 3138 Locust Grove; new charter 4426 Lovejoy; new charter 3897 Luthersville; charter amended, terms of office changed 3783 Lyerly; new charter 4051 Lyerly; tax limitation, exemption from provided 421 Macon (Bibb); new charter, referendum 3818

Page 4706

Macon-Bibb; urban development authority, bond provisions changed; proposed amendment to the Constitution 1827 Macon (Bibb); urban development authority, eminent domain procedure changed 3950 Macon; charter amended, budget control provided, etc. 3997 Madison; charter amended, terms of officers changed, etc. 2504 Marietta; homestead exemptions, certain income excluded in qualification for; proposed amendment to the Constitution 1789 Marietta; lease to authorized 340 Marietta; retirement benefits increased; proposed amendment to the Constitution 1872 Maysville; charter amended, contract provisions changed 3715 McDonough; charter amended, term of mayor changed 3613 Meansville; new charter 3336 Meigs; new charter 4393 Menlo; charter amended, corporate limits changed 2836 Milledgeville; charter amended, referendum authorized 3282 Milledgeville; charter amended, term of mayor changed, etc., referendum 3278 Milledgeville; charter amended, terms of certain officials changed, etc. 2820 Millen; charter amended, election date changed, etc. 3275 Monroe; charter provisions changed, corporate powers changed 3805 Moultrie (Colquitt County); Development authority bonds, interest rate changed; proposed amendment to the Constitution 1773 Mountain View; charter amended, certain tax levy provided, etc. 3970 Mountain View; charter repeal provided, referendum 3974 Norman Park; new charter 2661 Nunez; charter amended, terms of office changed 3938 Palmetto; charter amended, election of councilmen changed 3626 Patterson; charter amended, certain terms of office changed, etc. 3683 Pineview; charter amended, terms of office changed 2711 Plains; new charter 4161 Pooler; new charter 3419 Port Wentworth; charter amended, corporate limits changed 3573 , 3984 Porterdale; charter amended, vacancy provisions, etc. 3561 Powder Springs; certain homestead exemption provided; proposed amendment to the Constitution 1908 Powder Springs; charter amended, charter repeal provisions, referendum 3656 Richmond Hill; charter amended, corporate limits changed, referendum 3288 Roberta; new charter 4127 Rockmart; charter amended, election date changed 4022

Page 4707

Rome; charter amended, loan provisions changed 3308 Royston; land conveyance authorized 736 Sale City; charter amended, garbage collection authorized, etc. 3633 Savannah; charter amended, corporate limits changed 3990 Savannah; municipal court judge, salary changed 3334 Smyrna; certain homestead exemption provided; proposed amendment to the Constitution 1929 Smyrna; charter amended, election date changed, etc. 3244 Summerville; charter amended, road closing, etc. 3515 Swainsboro; land conveyance to authorized, etc. 1605 Tallapoosa; new charter 4262 Thomaston; certain contract authorization provided; proposed amendment to the Constitution 1893 Toccoa; charter amended, corporate limits changed 4199 Toccoa; charter amended, election date clarified 3582 Uvalda; charter amended, franchise provisions changed 2545 Valdosta; new charter 3185 Vidalia; charter amended, certain franchise, etc., restrictions removed 2862 Vidalia; charter amended, primary election provision repealed 2860 Warner Robins; charter amended, contract provisions changed, etc. 3518 Warner Robins; charter amended, corporate limits changed 3953 Washington; land conveyance authorized 723 Watkinsville; charter amended, mayor's court, presiding officer appointment authorized 3606 Waynesboro; new charter, referendum 2954 White Plains; charter amended, terms of office changed 2730 MUNICIPALITIESBY POPULATION 150,000 or more; certain pension act amended 3257 150,000 or more; fire department pensions, marriage provisions changed 3050 300,000 or more; Sunday sale of intoxicating beverages provided 2722 400,000 or more; licensing fee of astrologist act repealed 4010 400,000 or more within certain counties; meetings required 3137 MUNICIPALITIESHOME RULE AMENDMENTS Alma; charter amended, election provisions changed 4514 Alma; charter amended, fiscal year 4516 Alma; charter amended, sanitary and health services 4517 Atlanta; charter amended, board of education 4519 Atlanta; charter amended, civil service 4522 Atlanta; charter amended, civil service board members 4532 Atlanta; charter amended, development plans provided 4534 Atlanta; charter amended, sales and disposition of certain property provided 4538

Page 4708

Buford, charter amended, millage rate limitation eliminated 4540 College Park; charter amended, pension fund 4547 Columbus; charter amended, millage limitation reduced 4551 Duluth; charter amended, elections 4556 East Point; charter amended, new retirement plan 4561 East Point; charter amended, retirement system, ordinance amended 4616 Fitzgerald; charter amended, elections 4621 Griffin; charter amended, procedure for payment of monies provided 4632 Jesup; charter amended, purchasing provisions changed 4635 Morrow; charter amended, bonded indebtedness restrictions changed 4639 Morrow; charter amended, city seal, etc. 4643 Palmetto; charter amended, city employees 4647 Thomasville; charter amended, elections 4650 RESOLUTIONS AUTHORIZING COMPENSATION Alexander, Sherry T.; compensation to authorized 4195 Boston Farm Center, Inc.; compensation to authorized 4088 Brooks County; compensation to authorized 4261 Cox, Dennis M.; compensation authorized 4087 Drew, Doyle L.; compensation to provided 4424 Hilley, Floyd M.; compensation to authorized 4124 Lynch, S. M., Mr. and Mrs.; compensation to authorized 4158 McGarrah, L. C.; compensation to authorized 4294 Meador, Thomas Dale; compensation to provided 4391 Odom, Edwin J.; compensation to authorized 4125 Ryan, Gail E.; compensation to authorized 4123 Toles, Hugh M., compensation to authorized 4198 Wall, Daniel; compensation to provided 4425 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Bainbridge, City of; land conveyance to authorized, etc. 1593 Berry Schools, Inc.; land conveyance to authorized 1484 Branigar Organization, Inc., easement conveyance authorized 1409 Bulloch County; lease of land to authorized 1672 Burke County; conveyance of land to, authorized 1494 Calhoun, City of; sale of land to, authorized 707 Catoosa County; conveyance of land to authorized 427 Chattanooga, Tennessee, property; purchase approved 1685 Columbus, City of; land conveyance to, authorized 575 Decatur County; land conveyance to, authorized 1386 Department of Transporation, land conveyance to, authorized 1527 Douglas County; land conveyance to, authorized 1520 Elbert County; land conveyance to, authorized 1502

Page 4709

Georgia Pacific Corporation, easement to, authorized 225 Ida Cason Callaway Foundation; land conveyance to, authorized 1515 Imlac Community Club; conveyance authorized 571 Irwin County; land conveyance to authorized 1651 Jefferson, City of; land conveyance to, authorized, etc. 1629 Macon County Recreation Commission; conveyance of property to authorized 432 Marietta, City of; lease to authorized 340 Oconee County Board of Commissioners; conveyance of land to, authorized 1587 Pierpont-Corbett Box Company, Inc., irrevocable easement to authorized 229 Ross Chapel Church; conveyance of land to, authorized 1675 Royston, City of, land conveyance authorized 736 Swainsboro, City of; land conveyance to authorized, etc. 1605 Towns County; land conveyance to authorized 1647 Tucker, Mrs. Adele Louise; conveyance of land to authorized, etc. 1404 Union Camp Corporation; land easement authorized 429 United Daughters of the Confederacy, possibility of reverter conveyance authorized 1665 United States Government, land conveyance authorized 1636 Washinton, City of; land conveyance authorized 723 Wrightsboro Quaker Community Foundation, Inc., land conveyance to authorized 1642 MISCELLANEIOUS RESOLUTIONS DeKalb County property appraisal study committee created 4196 Education Laws Study Committee created 1535 Elbert; law library, furnishing books to authorized 4261 Fulton-DeKalb Hospital authority study committee created 1419 Geo. L. Smith II State Park designated 1499 Henry G. McKemie Bridge designated 2503 Ingram-Hogan Building designated, etc. 1493 James L. Gillis, Sr. Memorial Highway designated 2785 Lanier Parkway Designated 183 Metropolitan Atlanta Express System Development Plan; authorized 1518 Peach blossom trail designated 4160 Power Plant Siting Study Committee created 181 Robert Battery Surgical Building designated 1505 Small and Minority Owned Businesses Study Committee created 1525 Troubled Children Study Committee created 1489

Page 4710

INDEX A ADEL, CITY OF Charter amended, corporate limits changed, etc. 2757 ADVISORY BOARD OF VETERINARY MEDICINE ACT Amended 753 ADVISORY COUNCIL FOR PERSONNEL ADMINISTRATION ACT Amended 1486 AGRICULTURE Animals, etc., certain quarantine authorized 335 Department, registration license and permit act amended 187 Georgia Biologicals Permit Act Amended 334 Grain dealers regulated 512 Farmers market, licensing provided 678 Pecans, certain ownership of falling, provided, etc. 272 Pesticide control act, enacted 282 Structural pest control act, amended 308 AGRIRAMA DEVELOPMENT AUTHORITY ACT Amended, membership changed 698 ALBANY, CENTRAL, DEVELOPMENT AUTHORITY Created, etc., referendum; proposed amendment to the Constitution 1854 ALBANY, CITY OF Charter amended, certain park jurisdiction provided 3143 ALCOHOLISM TREATMENT ACT Effective date changed 1007 ALEXANDER, SHERRY T. Compensation to authorized 4195 ALMA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments ANIMALS, ETC. Certain quarantine authorized 335 APPEALS Death cases, transcript preparation time provided, etc. 991 APPLING COUNTY Small claims court, jurisdiction changed, etc. 3588 APPROPRIATIONS General, Amended 3 General, enacted 785 ARCHITECTS Disclosure of certain State paid fees to, provided 978 ARMED ROBBERY Provisions changed 1359 ARSON AND RELATED OFFENSES Redefined 1497 ARTS AND HUMANITIES, COUNCIL FOR Created 748 ATHENS, CITY OF Downtown development authority, eminent domain power granted; proposed amendment to the Constitution 1912 Employees pension plan amended 2640 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Charter amended, corporate limits changed 3553 , 3674 Metropolitan rapid transit authority act amended, certain investment interest purposes limited 3098 Metropolitan rapid transit system act amended, election of secretary and treasurer provided 3407 Metropolitan rapid transit authority act amended, public meeting requirements changed 3104 Metropolitan rapid transit authority act amended, reporting requirements changed 3092

Page 4711

ANIMALS, ETC. Certain quarantine authorized 335 APPEALS Death cases, transcript preparation time provided, etc. 991 APPLING COUNTY Small claims court, jurisdiction changed, etc. 3588 APPROPRIATIONS General, Amended 3 General, enacted 785 ARCHITECTS Disclosure of certain State paid fees to, provided 978 ARMED ROBBERY Provisions changed 1359 ARSON AND RELATED OFFENSES Redefined 1497 ARTS AND HUMANITIES, COUNCIL FOR Created 748 ATHENS, CITY OF Downtown development authority, eminent domain power granted; proposed amendment to the Constitution 1912 Employees pension plan amended 2640 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Charter amended, corporate limits changed 3553 , 3674 Metropolitan rapid transit authority act amended, certain investment interest purposes limited 3098 Metropolitan rapid transit system act amended, election of secretary and treasurer provided 3407 Metropolitan rapid transit authority act amended, public meeting requirements changed 3104 Metropolitan rapid transit authority act amended, reporting requirements changed 3092

Page 4712

ATLANTA, CITY OF Revenue bonds, certain guarantee provided; proposed amendment to the Constitution 1869 ATLANTIC JUDICIAL CIRCUIT District attorney's office, additional secretary provided 1187 ATTORNEYS Corporation, etc., certain practice of law by, provided 1151 Disclosure of certain State-paid fees to, provided 978 Divorce fees, may sue to enforce 1017 AUBURN, TOWN OF Charter amended, member atendance, etc. 2541 AUGUSTA, CITY OF Charter amended, certain succession of council members prohibited, etc. 3787 Protestant Episcopal Society, act amended 3002 AUGUSTA-RICHMOND COUNTY Charter granted, referenda 4297 AUSTELL, CITY OF Charter amended, corporate limits changed 3778 AUTHORITIES State and local, contracts for supplies, etc., certain preference required 181 AUTOMOBILES Entering with certain criminal intent penalized 186 B BACON COUNTY Board of education, members' election, etc., referendum 2713 Small claims court, judge, residency requirements changed 2850

Page 4713

BACONTON, CITY OF New charter 2552 BAIL Drivers' licenses, on arrest, exemption provided 213 Married women authorized as sureties 478 BAINBRIDGE, CITY OF Charter amended, penalty provisions changed 2650 Land conveyance to, authorized, etc. 1593 BALDWIN COUNTY Board of commissioners, chairman provisions changed 3301 Small claims court, jurisdiction changed 3261 BANKRUPTCY Petitions of counties, municipalities, political subdivisions, etc., prohibited 1557 BANKS AND BANKING Holding companies redefined, etc. 168 Loans by international banking corporations authorized, etc. 201 BARNESVILLE, CITY OF Charter amended, violation provisions changed 3544 BARROW COUNTY Board of commissioners recreated, etc. 4033 Superior court clerk, etc., personnel salaries, etc. 3531 BARTOW COUNTY Commissioners, salary changed 3748 Probate court judge, salary changed 3746 Sheriff, salary changed 3742 Superior court clerk, salary changed 3744 Tax commissioner, salary changed 3740 BAXLEY, CITY OF Charter amended, corporate limits extended 3671 BEARS Certain beehive owner destruction authorized 475

Page 4714

BEEF, FOREIGN Purchase by certain State Board, etc., prohibited 1650 BEEHIVE OWNERS Certain bear destruction authorized 475 BERLIN, CITY OF New charter 2509 BERRY SCHOOLS, INC. Land conveyance to, authorized 1484 BIBB COUNTY Assistant district attorneys provided 1165 (Macon), New Charter, referendum 3818 (Macon), Urban Development Authority, bond provisions changed; proposed amendment to the Constitution 1857 (Macon), Urban Development Authority, eminent domain procedures changed 3950 BINGO Lottery exemption provided; proposed amendment to the Constitution 1874 BLACKSHEAR, CITY OF Recorder's court, jurisdiction changed 3551 BLECKLEY COUNTY Additional judge provided 777 Commissioner, salary changed 3241 County audit date changed 3980 BLOOD Donations, public employees, leaves authorized 165 BLOOD LABELING ACT, THE Enacted 353 BOARD OF EDUCATION Purchase of foreign beef prohibited 1650 BOARD OF ELECTIONS Certain counties, provided (7,330-7,550) 3313 , 3636 Certain, created (23,600-25,000) 3617 Created (60,000-65,000) 3635

Page 4715

BOARD OF EXAMINERS OF WARM AIR HEATING CONTRACTORS Qualification of members changed 1082 BOARD OF FUNERAL SERVICES ACT Amended 233 BOARD OF REGENTS Elderly citizens program, certain, authorized; proposed amendment to the Constitution 1876 Female admission to branch colleges, provision stricken 1510 Sovereign immunity provided 452 BOARD OF ZONING APPEALS Membership increase authorized (170,000-195,000) 3801 BOARDS OF TAX ASSESSORS Penalty provisions changed 1042 Penalty provisions provided 1071 BOAT SAFETY ACT, GEORGIA Amended, traffic regulated, etc. 1632 BONDS Agents receiving monies for third persons, requirements provided, etc. 558 Counties, issuance provisions (250,000-500,000) 1091 Married women, authorized as sureties on bail bonds 478 BOOKS State, surplus, donation of provided; proposed amendment to the Constitution 1764 BOSTON FARM CENTER, INC. Compensation to authorized 4088 BRANIGAR ORGANIZATION, INC. Easement conveyance authorized 1409 BROOKS COUNTY Compensation to authorized 4261 District attorney, investigator provided 321 Sheriff, prisoner feeding provisions changed 3113

Page 4716

BROOKS, TOWN OF Charter amended, terms of certain offices changed, etc. 3609 BRYAN COUNTY District attorney's office, additional secretary provided 1187 Judge, etc., eligibility requirements changed, etc. 3332 BUCHANAN, CITY OF Charter amended, powers extended 3662 BUFORD, CITY OF See also tabular indexMunicipalities, Home Rule Amendments BULLOCH COUNTY Board of commissioners, salaries changed, etc. 3757 Certain officers and employees, salary changes 3752 Coroner, salary changed 3762 Lease of land to authorized 1672 Probate court, clerical employees, salaries changed 3770 Sheriff and deputies, salaries changed 3767 State court judge and solicitor, salaries changed 3764 Superior court clerk's employees, salaries changed 3754 Tax commissioner, personnel salary changes 3760 BUREAU OF COMMUNITY AFFAIRS Director appointment provided, etc. 651 BURKE COUNTY Conveyance of land to, authorized 1494 BUTTS COUNTY Small claims court created 3006 C CALHOUN, CITY OF Sale of land to, authorized 707 CAMAK, TOWN OF Charter amended, terms of officials changed 3310

Page 4717

CAMDEN COUNTY Tax commissioner, salary changed, referendum 2831 CAMILLA, CITY OF Downtown development authority established; proposed amendment to the Constitution 1812 CHAMPAIGN AND FINANCIAL DISCLOSURE ACT Amended, reports, etc. 1423 CARROLL COUNTY Board of education, election provided, etc., referendum 4479 Coroner, mileage allowance provided 3125 CATOOSA COUNTY Board of utilities commissioners, powers extended 3726 Conveyance of land to authorized 427 CENTRAL ALBANY DEVELOPMENT AUTHORITY Created, etc., referendum; proposed amendment to the Constitution 1854 CERTIFIED PUBLIC MANAGEMENT PROGRAM Authority in State government 338 CERTIFIED REGISTERED NURSE ANETHESTISTS ACT Amended, provisions changed 1361 CHATHAM COUNTY Certain industry tax exemption provided; proposed amendment to the Constitution 1916 Commissioners, etc., salary changes 3724 Judge, additional, provided, etc. 2912 State court, judge, etc., salary changes 2909 Water and sewer authority created 3676 CHATTANOOGA, TENNESSEE, PROPERTY Purchase approved 1685

Page 4718

CHATTOOGA COUNTY Board of commissioners created, etc., referendum 2694 Probate court, budget provided, etc. 2751 Superior court clerk, budget provided, etc. 2741 Tax commissioner, budget provided, etc. 2741 CHEROKEE COUNTY Superior court clerk, etc., personnel salaries, provisions changed 2998 , 3930 Water and sewerage authority act amended, membership changed, etc. 3702 CHILD SUPPORT RECOVERY ACT Amended 1537 CHILDREN Certain imprisonment prohibited 1064 Custody of, provisions changed 1050 Driver's licenses, identification cards 1421 Grandparents, certain visitation rights in, provided 247 interstate compact on juveniles act, amended 1070 Nutritional screening of certain, provided 616 Sale of intoxicating beverages by, prohibited 409 Support recovery act amended 1537 Torts, certain parental liability provisions changed, etc. 511 Youth act amended 1066 CHILDREN AND YOUTH ACT Amended 1066 CHIROPRACTORS Certain student performance provided 1054 CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY ACT Amended, interest limitations removed 4007 CIVIL DEFENSE ACT, GEORGIA Amended, rescue organizations exemption 1590 CIVIL PRACTICE ACT Amended, medical malpractice actions, etc. 1047 Divorce, time for trials changed 1677

Page 4719

CLARKE COUNTY Additional judge provided 562 Board of commissioners, purchasing provisions changed 3628 Juvenile court judge, salary changed 3750 CLAYTON COUNTY Board of commissioners, chairman, salary changed 2848 Clerk, etc., salary changed 2870 Justice of peace, jurisdiction changed; proposed amendment to the Constitution 1797 Probate court judge, salary changed 2866 Tax commissioner, salary changed 2867 CLINICAL LABORATORIES ACT Amended, certain medical schools exempted 1362 COBB COUNTY Homestead exemption, certain income excluded; proposed amendment to the Constitution 1904 Municipalities, dissolved, disposition of property of, provided; proposed amendment to the Constitution 1898 CODE OF ETHICS State government boards, etc. 344 CODE OF PUBLIC TRANSPORTATION Amended 775 Amended, enforcement officers duties specified, etc. 1500 Amended, outdoor advertising permits, provisions changed 1508 CODE REVISION STUDY COMMITTEE Created 739 COFFEE COUNTY Commissioners, auditing procedures changed 2864 COLLEGE PARK, CITY OF See also tabular indexMunicipalities, Home Rule Amendments

Page 4720

COLQUITT COUNTY District attorney, investigator provided 321 (Moultrie), development authority bonds, interest rate changed; proposed amendment to the Constitution 1773 State court, terms changed 2648 COLUMBIA COUNTY Authority to license businesses in unincorporated area provided; proposed amendment to the Constitution 1792 Board of commissioners, election provisions changed 3140 COLUMBUS See also tabular indexMunicipalities, Home Rule Amendments Jailer required to keep prisoner record 2708 Land conveyance to, authorized 575 Municipal court judge, vacancy provisions changed 2727 COMMERCE, DEPARTMENT OF Act amended, certain grant provisions changed 650 COMMON CARRIERS Malt beverages, certain distribution authorized 508 Wine, certain common carrier distribution authorized 509 COMMUNITY AFFAIRS, BUREAU OF Director appointment provided, etc. 651 COMMUNITY DEVELOPMENT, DEPARTMENT OF Name changed; proposed amendment to the Constitution 1767 COMPULSORY SCHOOL ATTENDANCE ACT Amended 768 CONCORD, CITY OF Charter amended, officials' terms changed, etc. 3150 CONFEDERATE SOLDIERS Certain revenue exemption repealed 264

Page 4721

CONSERVATION RANGER ACT Enacted 522 CONSTITUTION United States, proposed amendment requested 184 CONSTITUTION, NEW Resolution, referendum 1198 CONSTITUTIONAL EXECUTIVE OFFICERS Succession to office on disability provided, etc.; proposed amendment to the Constitution 1770 CONSULAR CORPS License plates act 215 CONSULTANTS Disclosure of certain State-paid fees to, provided 978 CONTRACTS Certain settlements with injured persons prohibited 202 State and local, certain purchase preference required 181 COOLIDGE, CITY OF New charter 2872 CORNELIA, CITY OF Charter amended, recorder's court, provisions changed 3939 CORNER Compensation fixed, etc. (90,000-140,000) 2655 Salaries changed (55,110-58,000) 3121 Salaries changed (165,000-175,000) 2732 Salaries fixed (35,000-44,000) 3004 CORPORATION CODE Amended 1102 , 1576

Page 4722

CORPORATIONS Etc., certain practice of law by, provided 1511 Taxation provisions clarified 646 Tax returns of certain corporations provided, etc. 1580 Utilities, interference with, penalized 773 CORRECTIONS, STATE BOARD OF Prisoners 949 COUNTIES Bankruptcy petitions prohibited 1557 Board of elections provided (7,330-7,550) 3313 , 3636 Board of elections created (23,600-25,000) 3617 Board of elections created (60,000-65,000) 3635 Board of equalization, alternate members provided 276 Boards of equalization, appeal time changed 366 Boards of health, authorized to contract, etc. 1420 Board of zoning appeals, membership increase authorized (170,000-195,000) 3801 Bond issuance provisions (250,000-500,000) 1091 Bonds, proceeds investment provided 400 Coroners, salaries fixed (35,000-44,000) 3004 Coroners, salaries changed (55,110-58,000) 3121 Coroners, salaries fixed, etc. (90,000-140,000) 2655 Coroners, salaries changed (165,000-175,000) 2732 Courthouse, etc., required to remain open during working hours 1522 District Attorneys, assistant, certain judicial circuits, compensation authorized 526 District attorney, assistant office created (103,000-135,000) 3584 Expense reimbursement, certain provided 3001 Grand juries, certain investigative, provided, (180,000-190,000) 1163 Grand juries, special purpose, provided, etc. (70,000 or more) 982 Hospital board authorities, member compensation changed (17,830-18,080) 3250 Law libraries, board of trustees, provisions changed 700 Law libraries, cost provisions changed (168,000-195,000) 560 Marriage licenses, location for obtaining provided (600,000 or more) 684 Mechanical jury selection, provisions made for, etc. 438 Meetings required certain, (400,000 or more cities) 3137 Officers, certain age eligibility changed, etc. 464 Officers, certain suspension on felony conviction provided 277 Officials and personnel, salaries changed (145,000-165,000) 3155 Paupers, burial expenses provided (90,000-140,000) 3786

Page 4723

Personal property, certain tax exemption provided; proposed amendment to the Constitution 1755 Planning and zoning power provided 1014 Probate courts, office locations (600,000 or more) 682 Property tax litigation, tender of taxes, condition precedent to suit 1154 Purchase of foreign beef prohibited 1650 Sheriff's personnel, certain salaries changed 3964 Sheriffs, salaries changed, etc. (10,600-10,900) 3123 Superior court clerk, etc., salary fixed 3003 Small claims court, act creating repealed (9,977-10,140) 3274 Small claims courts, certain, administrative fees provided 3042 Small claims court created 4040 Small claims courts, jurisdiction changed (8,750-8,950) 3586 Solar energy, certain tax exemption provided; proposed amendment to the Constitution 1765 Superior court clerks, personnel provided (145,000-165,000) 3491 Superior court judge emeritus, certain, payment provided (79,600-81,000) 4089 Tax assessors, equalization board, qualifications changed 1744 Tax collectors and commissioners, minimum salaries provided 988 Tax commissioners, salary fixed (35,000-44,000) 3005 Tax digests separate color requirements deleted (200,000 or more, 70,000-100,000) 2726 Tax notice information, requirements 518 Tax payment receipts, certain, need not be furnished (400,000-500,000) 3605 Tax returns, receipt of certain, prohibited (31,600-32,300) 4021 Tax return time changed (32,000-32,300) 1155 Treasurer, appointment authorized (6,700-6,825) 2802 Uniform property taxation staff appraisers, salaries supplemented 446 COUNTY LAW LIBRARIES Board of trustees, provisions changed, etc. 700 COUNTY MOBILE HOME PERMIT ACT Amended 1186 COWETA COUNTY Treasurer, office abolished, etc. 3576

Page 4724

COX, DENNIS M. Compensation authorized to 4087 CRAB PEELERS, ETC. Definition provided, etc. 771 CRAWFORD COUNTY Assistant district attorneys provided 1165 CRIME INFORMATION CENTER, GEORGIA, ACT Amended 617 , 1401 CRIMES Armed robbery, provisions changed 1359 Arson and related offenses redefined 1497 Automobile, entering with certain criminal intent 186 Certain surveillance equipment use, not unlawful, etc. 1100 Dangerous instrumentalities, act amended 1430 Firearms, felonies committed with, provisions changed 1591 Mortgaged motor vehicles, wrongful sale, penalty increased, etc. 637 Peace officer, aggravated assault on, etc. 543 Perjury and falsifications redefined 483 Prisoners, providing with certain items penalized 1506 Public transit buses, etc., certain acts on, prohibited 1645 School lunches, false information, penalty provided 638 Schools, certain disruption prohibited 480 Telecommunication service avoidance of payment for, provisions clarified 1179 Theft by conversion of payments for property improvements prohibited 1456 Utilities, interference with certain, penalized 773 CRIMINAL PROCEDURE Certain weapon disposition authorized 167 Death cases, transcript preparation time provided, etc. 991 Misdemeanor sentences, service of certain, provided 210 CURRICULUM STUDY COMMITTEE Created 568

Page 4725

D DALTON, CITY OF Charter amended, corporate limits changed 3492 Charter amended, recorder, salary changed 2916 DANGEROUS DRUGS Further defined 631 DANGEROUS INSTRUMENTALITIES Crimes involving, act amended 1430 DAWSON, CITY OF Charter amended, maximum millage rate reduced 2838 DAWSON COUNTY Sheriff, budget provided, etc. 3316 DEALERS IN USED MOTOR VEHICLE PARTS REGISTRATION ACT Amended 1073 DEATH CERTIFICATES Provisions changed, etc. 677 DECATUR, CITY OF Charter amended, corporate limits changed 2923 DECATUR COUNTY Land conveyance to, authorized 1386 Small claims court, jurisdiction changed, etc. 2652 Superior court clerk placed on salary 2549 , 3555 DEEDS Etc., recording, execution before certain officer without jurisdiction 521 Secondary security, interest definition clarified 726 DEER Certain destruction authorized 645

Page 4726

DEKALB COUNTY See also tabular indexCounties, Home Rule Amendments Airport authority created 2926 Board of commissioners, fine assessment changed 2658 Certain claim payments provided; proposed amendment to the Constitution 1825 Citizens' committee for efficient government created 4011 Developmental disabilities planning and coordinating council created 2826 Justice of the peace, qualifications provided, etc. 3111 Justice of the Peace, vacancy provisions made; proposed amendment to the Constitution 1882 Notary public ex officio justice of the peace, office abolished 3109 Property appraisal study committee created 4196 Recorder's court, fine assessment changed 2656 Recorder's court, inspectors provided, etc. 3976 Revenue for art purposes provided; proposed amendment to the Constitution 1783 Solid waste disposal authority; proposed amendment to the Constitution 1798 State court, costs changed 2906 State court judge added, etc. 3488 Superior court, etc., district attorney, salary supplement limited, etc. 3986 DEKALB (FULTON) HOSPITAL AUTHORITY STUDY COMMITTEE Created 1419 DENTIST AND DENTAL HYGIENISTS ACT Enacted 484 DEPARTMENT OF AGRICULTURE Registration, license and permit act amended 187 DEPARTMENT OF COMMERCE ACT Amended, certain grant provisions changed 650 DEPARTMENT OF HUMAN RESOURCES Governor authorized to improve management 685 Nutritional screening of certain children provided 616 DEPARTMENT OF NATURAL RESOURCES Deer, certain destruction authorized 645 Employees, certain, retirement 1407

Page 4727

DEPARTMENT OF PUBLIC SAFETY Certain marked patrol vehicles authorized 208 Officer provisions, certain, changed, etc. 465 Uniform division, eligibility requirements established 524 DEPARTMENT OF TRANSPORTATION Land conveyance to, authorized 1527 DEVELOPMENT AUTHORITIES LAW Amended 708 Amended, project redefined 1483 DISPENSING OPTICIANS Additional training provided 279 DISPOSITION OF UNCLAIMED PROPERTY ACT Amended 203 , 556 DISTILLED SPIRITS BRANDS Public inspections of records provided 368 DISTRICT ATTORNEYS Assistant, certain judicial circuits, compensation authorized 526 Assistant, office created (103,000-135,000) 3584 DIVORCE Attorneys may sue to enforce fees 1017 Trial time changed 1677 DOCTORS Clinical clerkships provided 403 Family practice, joint advisory board created 1096 DODGE COUNTY Additional judge provided 777 Board of education, election of members provided; proposed amendment to the Constitution 1776 Certain tax exemption provided; proposed amendment to the Constitution 1787 DOUGHERTY COUNTY Small claims court created 3164 State court, jurisdiction changed, etc. 3176

Page 4728

DOUGLAS COUNTY Board of commissioners, qualifications changed 2706 Land conveyance to, authorized 1520 Superior court judges, expense allowance supplemented 632 DOWNTOWN ATHENS DEVELOPMENT AUTHORITY Eminent domain power granted; proposed amendment to the Constitution 1912 DOWNTOWN DUBLIN DEVELOPMENT AUTHORITY Authorized; proposed amendment to the Constitution 1860 DREW, DOYLE L. Compensation to provide 4424 DRIVERS' LICENSES Bail on arrest, exemption provided 213 Certain mandatory suspension provided 1073 Licenses suspension, time periods provided, etc. 1670 Minors, identification cards 1421 Revocation, etc., provided 1668 DRUGS Dangerous, further defined 631 Marijuana trials, certain jurisdiction fixed 1083 DUBLIN, CITY OF Downtown development authority authorized; proposed amendment to the Constitution 1860 DULUTH, CITY OF See also tabular index-Municipalities, Home Rule Amendments Charter amended, election provisions changed 3534 E EAST POINT, CITY OF See also tabular index-Municipalities, Home Rule Amendments Charter amended, councilmen's qualifications changed, etc. 3486 Charter amended, employee dismissals, provisions made 3414 Charter amended, mayor and council, functions changed, etc. 3417

Page 4729

EATONTON, CITY OF Charter amended, corporate limits changed 3305 ECHOLS COUNTY District attorney, investigator provided 321 Probate judge, additional duties provided; proposed amendment to the Constitution 1821 Tax commissioner, salary changed 4005 ECONOMIC DEVELOPMENT COUNCIL Created 1998 EDUCATION Area trade schools, sick leave provided employees, etc. 506 Board of Regents, sovereign immunity provided 452 Branch colleges, female admission to, provision stricken 1510 Certain disruption at schools prohibited 480 Certain taxation election provisions repealed 1573 Compulsory attendance act amended 768 Grants, certain colleges, changed 1717 Higher education assistance act amended, loan insurance premium changed 415 Nutritional screening of certain children provided 616 Private college grant act amended 780 Scholarships, law enforcement officers, etc., children of, eligibility requirements changed 541 School bus drivers, disembarking children 479 School lunch program, provisions changed 1385 School lunches, false information, penalty provided for 638 State superintendent of schools, annual reports provided 540 Teachers' maternity leaves 364 Tuition grants, certain military colleges, authorized, etc. 503 United States flag, pledge of allegiance to, provided 271 EDUCATION LAWS STUDY COMMITTEE Created 1535 ELBERT COUNTY Land conveyance to, authorized 1502 Law library, furnishing books to authorized 4261

Page 4730

ELECTIONS Ballots, number provisions changed 469 Chief registrar provisions changed, etc. 468 Making false statements penalized 205 Recount provided, etc., certain federal and state offices 248 Registration card form changed, etc. 457 Revenue bonds for certain utilities, majority vote requirement deleted, proposed amendment to the Constitution 1749 Voting machines, required number changed 463 Voter registration, certain deadline fixed 473 EMPLOYEES RETIREMENT SYSTEM ACT Amended 247 , 1459 Creditable service, certain, provided 456 Department of Natural Resources, certain employees of 1407 Duties of actuary changed 611 Ga. Agriculture Commodities Promotion Act, employees eligible, etc. 481 Group term life insurance, certain eligibility provided, etc. 453 Leave provisions changed 393 EMPLOYMENT, FULL, STUDY COMMITTEE Created 1678 EMPLOYMENT SECURITY LAW Amended, availability for employment provided, etc. 1029 ENERGY RESOURCES, GEORGIA COUNCIL FOR Created 1740 ESTATE TAX RETURNS Filing time changed, etc. 624 EUHARLEE, CITY OF New charter, referendum 4090 EVANS COUNTY District attorney's office, additional secretary provided 1187

Page 4731

EVIDENCE Rape provisions changed 741 Witnesses, certain, competency in child abandonment and adultery matters provided 1014 EYES Deceased donor's, certain technicians permitted to extract 1559 F FACADE AND CONSERVATION EASEMENT ACT OF 1976 Enacted 1181 FARM MACHINERY Sales and use tax act, certain provisions clarified, etc. 987 FARMERS MARKET Licensing provided 678 FAYETTE COUNTY Board of commissioners, election provisions changed 3398 Regulation of businesses in unincorporated area; proposed amendment to the Constitution 1883 School superintendent, appointment authorized; proposed amendment to the Constitution 1850 FIDUCIARIES Certain investments of, clarified 1524 FINANCIAL INSTITUTIONS CODE Amended, certain fiduciary privileges extended 274 Amended, certain receivership procedures changed, etc. 1681 Amended, draft acceptance time changed 275 Amended, multiple party accounts, etc. 1388 FIRE ACADEMY ACT, GEORGIA Enacted 1725

Page 4732

FIRE FIGHTER'S MEDIATION ACT Amended 203 FIREARMS Discharging on Sunday, prohibition amended 1437 Felonies commited with, provisions changed 1591 FIREMEN'S PENSION FUND ACT Amended, eligibility provisions changed 973 FIREMEN'S RETIREMENT SYSTEM ACT Amended 235 Amended, board of trustees, powers provided, etc. 241 FISCAL NOTE ACT, GEORGIA Amended 533 FITZGERALD, CITY OF See also tabular indexMunicipalities, Home Rule Amendments FLOYD COUNTY Retirement system expanded; proposed amendment to the Constitution 1887 Superior court clerk, chief deputy's salary changed 2920 Tax commissioner, salary of chief deputy changed 2917 FOREST PRODUCTS TRUCKS Fee provisions changed 694 FORSYTH COUNTY Development purpose tax levy authorized; proposed amendment to the Constitution 1920 Merit system provided; proposed amendment to the Constitution 1796 Superior court clerk, etc., personnel provisions changed 3130 Tax commissioner, personnel provisions changed 3128 Tax exemption, certain, provided; proposed amendment to the Constitution 1918 FORT OGLETHORPE, TOWN OF Charter amended, salaries of aldermen changed 3794

Page 4733

FORT VALLEY, CITY OF Redevelopment authority created 3520 FRANCHISES Taxation provided, etc. 405 FRANKLIN COUNTY Advisory board, compensation changed 3607 FRATERNAL BENEFIT SOCIETIES Certificate valuation provided, etc. 983 FULL EMPLOYMENT IN GEORGIA STUDY COMMITTEE Created 1678 FULTON COUNTY See also tabular indexCounties, Home Rule Amendments Criminal court, personnel 3546 Demand for trial provisions changed, etc. 3019 Homestead exemption, income defined; proposed amendment to the Constitution 1924 Judges' and Solicitor Generals' Retirement Fund Act amended 2507 , 3047 Ordinance enactment, certain, authorized; proposed amendment to the Constitution 1880 Pension payments 3045 , 3259 Pension payments, rules establishment authorized 3043 State court created 3023 Tax exemption, cooperative ownerships changed; proposed amendment to the Constitution 1864 Teachers and employees retirement act amended 3051 , 3053 , 3056 , 3058 FULTON-DEKALB HOSPITAL AUTHORITY STUDY COMMITTEE Created 1419 FUNERAL SERVICES ACT Board of, amended 233

Page 4734

G GAMBLING Bingo, lottery exemption provided; proposed amendment to the Constitution 1874 Etc., printed materials, certain exemption provided 1158 GAME AND FISH Crab peelers, etc. 771 License fees, certain changed 1159 Taxidermist license provided 1674 GARNISHMENT ACT Enacted 1608 GAY, TOWN OF Charter amended, terms of office changed, etc. 3776 GENERAL APPROPRIATIONS ACT Amended 3 Enacted 785 GENERAL ASSEMBLY Compensation, changes in, effective date provided, etc.; proposed amendment to the Constitution 1862 Voucher provisions changed 763 GEO. L. SMITH II State Park designated 1499 GEOLOGISTS Certification requirements changed 695 GEORGIA AGRICULTURE COMMODITIES PROMOTION ACT Employee retirement eligibility provisions made 481 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY ACT Amended, membership changed 698 GEORGIA BIOLOGICALS PERMIT ACT Amended 334

Page 4735

GEORGIA BOAT SAFETY ACT Amended, traffic regulated, etc. 1632 GEORGIA BUILDING AUTHORITY Law enforcement provisions made 471 GEORGIA BUREAU OF INVESTIGATION Special contract investigators considered employees 392 GEORGIA CIVIL DEFENSE ACT Amended, rescue organizations exempted 1590 GEORGIA CODE OF PUBLIC TRANSPORTATION Amended, certain special-purpose aircraft provided 416 GEORGIA COUNCIL FOR ARTS AND HUMANITIES Created 748 GEORGIA COUNCIL FOR ENERGY RESOURCES Created 1740 GEORGIA CRIME INFORMATION CENTER ACT Amended 617 , 1401 GEORGIA FIRE ACADEMY ACT Enacted 1725 GEORGIA FISCAL NOTE ACT Amended 533 GEORGIA FORESTRY COMMISSION Certain special-purpose aircraft provided 416 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended, loan insurance premium changed 415 GEORGIA LAND SALES ACT Amended 676

Page 4736

GEORGIA LIMING MATERIALS ACT OF 1976 Enacted 1595 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 642 Amended, certain liability policy provisions required 1523 Amended, certain minimum liability insurance coverage provided 1513 Amended, subrogation provisions changed 1078 GEORGIA PACIFIC CORPORATION Easement authorized 225 GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT Amended 395 Amended, qualifications changed, etc. 1563 , 1684 GEORGIA PESTICIDE CONTROL ACT OF 1976 Enacted 282 GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976 Enacted 369 GEORGIA PORTS AUTHORITY Security guards, arrest powers provided, etc. 1640 GEORGIA PROFESSIONAL STANDARDS ACT Enacted 966 GEORGIA PUBLIC ASSISTANCE ACT Amended, fraud provisions changed, etc. 1490 GEORGIA RADIATION CONTROL ACT Amended 1567 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended 469 Amended, certain farm machinery provisions clarified, etc. 987

Page 4737

Amended, credit for returned property clarified 341 Amended, local sales tax, time limit provisions, etc. 1019 Certain solar energy equipment exempted 672 Rock Eagle 4-H Center, certain exemption provided 411 GEORGIA SOIL AMENDMENT ACT OF 1976 Enacted 359 GEORGIA SPECIAL ADULT OFFENDER ACT Amended, effective date changed 1562 GEORGIA STATE BOARD OF NURSING HOMES ACT Amended 1184 GEORGIA STATE OCCUPATIONAL THERAPY LICENSING ACT Enacted 993 GEORGIA SURFACE MINING ACT Amended 527 GLASCOCK COUNTY Board of commissioners, election of chairman, provisions changed 3728 Board of commissioners, salary changed, etc. 3730 Probate court judge, salary changed 3732 Tax commissioner, salary changed 3734 Treasurer, salary changed 3736 GLENWOOD, CITY OF Charter amended, franchise provision changed 2547 GLYNN COUNTY Alcoholic beverages, certain sales authorized; proposed amendment to the Constitution 1896 Board of commissioners, election of members, etc. 2949 Board of education, districts created, etc., referendum 4027 Probate court judge's deputies, salaries changed 3790 Sheriff's office, personnel provisions changed 3966 State Court clerk, etc., salary changes 3159 Tax exemption, certain, provided; proposed amendment to the Constitution 1890 GORDON COUNTY Board of commissioners, bond provisions changed, etc. 3115

Page 4738

GOVERNOR General Assembly report, date changed 1194 Human resources department, authorized to improve management of 685 Succession provision made; proposed amendment to the Constitution 1785 GRADY COUNTY Board of commissioners, terms changed, etc. 3251 Board of education, compensation changes, referendum 3162 GRAIN DEALERS Regulated 512 GRAND JURY Certain counties, presence of stenographer authorized (15,950-16,500) 2638 Certain investigative, provided (180,000-190,000) 1163 Special purpose, provided, etc. (70,000 or more) 982 GRANTS Certain colleges, changed 1717 Department of Commerce., provisions changed 650 Municipalities, certain filing time extended 436 , 437 Private college act, amended 780 Tuition, certain military colleges, authorized, etc. 503 GRANTVILLE, CITY OF Charter amended, recorder's court created, etc. 2994 GRIFFIN, CITY OF See also tabular indexMunicipalities, Home Rule Amendments GUARDIANS Natural, bonds of, provided, etc. 688 Property, procedure for appointment changed 1156 GWINNETT COUNTY State courts, jurors provided, etc. 4018

Page 4739

H HABERSHAM COUNTY Board of Education, election provided, referendum 2798 Board of education, superintendent's appointment provided, referendum 2803 Judge, supplemental salary authorized 1086 State court, solicitor, secretary to, salary changed 3654 HAHIRA, CITY OF Public authority for telephonic communications authorized; proposed amendment to the Constitution 1885 HALL COUNTY Board of education, terms staggered; proposed amendment to the Constitution 1910 State court judge and solicitor, salaries changed 3773 HAMPTON, CITY OF Charter, former, repealed 3612 HANCOCK COUNTY Board of commissioners, election provisions, etc. 3292 Small claims court created 3263 HARALSON COUNTY Superior court judges, expense allowance supplemented 632 HAZLEHURST, CITY OF Charter amended, election date changed 3592 HEALTH Alcoholism treatment act, effective date changed 1007 HEALTH CARE PLAN ACT Enacted 1461 HEARD COUNTY Probate court judge, salary changed 2856 Sheriff, salary changed 2854

Page 4740

Superior court clerk, salary changed 2858 Tax commissioner, salary changed 2852 HENRY COUNTY Board of commissioners, terms staggered 3616 Sheriff, law enforcement powers vested in; proposed amendment to the Constitution 1902 Small claims court created 4463 Tax exemption for certain industries provided; proposed amendment to the Constitution 1900 HENRY G. McKEMIE BRIDGE Designated 2503 HILLEY, FLOYD M. Compensation to authorized 4124 HOBOKEN, CITY OF New Charter 3060 HOGANSVILLE, CITY OF New Charter, referendum 2588 HOMERVILLE, CITY OF Charter amended, election provisions changed, etc. 3253 HOMESTEAD EXEMPTIONS Amount of, changed 346 HOMICIDE BY VEHICLE Redefined 977 HOSPITAL BOARD AUTHORITIES Certain, member compensation changed (17,830-18,080) 3250 HOSPITALS, PUBLIC Staff privileges, refusal of, required in writing, etc. 326 HOUSTON COUNTY Branch offices for county business authorized; proposed amendment to the Constitution 1794 Board of commissioners, vacancy provisions changed 3982

Page 4741

Justice of the peace court, jurisdiction increased; proposed amendment to the Constitution 1752 HUMAN RESOURCES, DEPARTMENT OF Governor authorized to improve management of 685 Nutritional screening of certain children provided 616 HUSBAND AND WIFE Marriage license provisions changed, etc. 1719 I IDA CASON CALLAWAY FOUNDATION Land conveyance to, authorized 1515 IMLAC COMMUNITY CLUB Land conveyance to, authorized 571 INCOME TAX Certain provisions repealed, etc. 980 INDUSTRY AND TRADE, DEPARTMENT OF Name changed from Department of Community Development; proposed amendment to the Constitution 1767 INGRAM-HOGAN BUILDING Designated, etc. 1493 INSURANCE Accident reparations act, amended, certain minimum liability coverage provided 1513 Accident reparations act amended, subrogation provisions changed 1078 Accident reparations act, certain liability policy provisions required 1523 Additional authority provided commissioner, etc. 347 Commissioner, order prohibiting certain acts, authorized, etc. 411 Disposition and collection of fees, etc., provided, etc. 1080 Fraternal benefit societies, certificate valuation provided, etc. 983 Life, accident, etc., authority certificates, etc. 535 Motor vehicle, accident reparations act amended 642

Page 4742

Rates, contracting provided, etc. 691 Rehabilitation and liquidation of insurers, conservation grounds changed 1076 State employees, premium deduction authorized from salaries 1603 Uninsured motorists, bankruptcy provisions 1195 INSURANCE COMMISSIONER Confidential information, certain 1517 Reports, public inspection provided 538 INSURANCE COMPANIES Returns, etc., certain provision repealed 262 INSURANCE PREMIUM FINANCE COMPANY ACT Amended 1074 , 1564 INTEREST Certain rates changed 1197 Secondary security deeds, definition clarified 726 INTERNATIONAL BANKING CORPORATIONS Loans by, authorized 201 INTERSTATE COMPACT ON JUVENILES ACT Amended 1070 INTOXICATING LIQUORS Certain metric standards of measurement provided, etc. 1715 Certain Sunday sales provided, referendum (200,000-600,000) 2809 Distilled spirits brands, public inspections of records provided 368 Malt beverages, certain common carrier distribution authorized 508 Malt beverages, non-tax paid, transportation limit fixed 476 Malt beverages, public record inspection provided 282 Minimum container size provided 990 Reporting system authorized 692 Sale by minors prohibited 409 Sunday sale, certain, provided (300,000 or more) 2722 Wine, certain common carrier distribution authorized 509 Wine, public record inspection provided 281

Page 4743

IRWIN COUNTY Board of commissioners, chairman 3621 Land conveyance to authorized 1651 J JACKSON, CITY OF Charter amended, audit provisions changed, etc. 3706 JAMES L. GILLIS, SR. MEMORIAL HIGHWAY Designated 2785 JEFFERSON, CITY OF Land conveyance to, authorized 1629 JEFFERSON COUNTY Certain tax exemption provided; proposed amendment to the Constitution 1819 Small claims court created 3687 JEKYLL ISLAND-STATE PARK AUTHORITY ACT Amended, franchises provided 1560 JENKINS COUNTY Board of commissioners, chairman, election changed 3643 Chief deputy sheriff, salary changed, etc. 3630 Probate court judge placed on salary 3648 Small claims court created 2786 Superior court clerk placed on salary 3645 Tax commissioner, salary provisions changed, etc. 3650 JESUP, CITY OF See also tabular indexMunicipalities, Home Rule Amendments JOINT ADVISORY BOARD OF FAMILY PRACTICE Created 1096 JOINT TENANTS Certain right of survivorship provided 1438 JONES COUNTY Board of commissioners, salaries changed 3319 JUDICIAL ADMINISTRATION ACT OF 1976 Enacted 782

Page 4744

JUDICIAL CIRCUITS Certain; district attorneys, assistant, compensation changed 673 JUDICIAL SALES Payment by certified check, etc., provided 367 JURIES Alternate jurors, certain cases, provided 1042 Jury selection, mechanical, provisions made, etc. 438 JUVENILE COURT CODE AMENDED Certain imprisonment prohibited 1064 K KENNESAW, CITY OF Charter amended, corporate limits changed 3295 KINGSLAND, CITY OF Charter amended, certain terms of office staggered, etc. 2833 L LAKEVIEW-FORT OGLETHORPE-CATOOSA COUNTY STADIUM AUTHORITY Created; proposed amendment to the Constitution 1831 LANDLORD AND TENANT Provisions changed 1372 LANDSCAPE ARCHITECT ACT Enacted 1730 LEGISLATIVE SERVICES COMMITTEE ACT Amended, organization provided, etc. 176 LEXINGTON, CITY OF Charter amended, recorder's court 3284

Page 4745

LIBERTY COUNTY District attorney's office, additional secretary provided 1187 Industrial authority, membership changed, proposed amendment to the Constitution 1781 , 1823 LICENSES Consular corps, plates act 215 Driver's, minors, identification cards 1421 Drivers, suspension, time periods provided, etc. 1679 Drivers, time of revocation, etc., provided 1668 Marriage, provisions changed 1719 Taxidermist, provided 1674 LIGHTNING RODS Certain acts repealed 260 LIMING MATERIALS ACT OF 1976, GEORGIA Enacted 1595 LIMITATIONS OF ACTIONS Medical malpractice, provided 1363 LINCOLN COUNTY Assistant district attorneys, office created 1173 Tax commissioner placed on salary 3145 Treasurer, salary changed 3711 LITHONIA, CITY OF Charter amended, recorder's court, fines 3138 LOCAL AUTHORITIES Contracts for supplies, etc., certain preference required 181 LOCAL SALES TAX Time limit provisions, etc. 1019 LOCUST GROVE, CITY OF New charter 4426 LONG COUNTY Board of education, election, etc., referendum 3536 District attorney's office, additional secretary provided 1187 Small claims court created, referendum 3321

Page 4746

LOVEJOY, CITY OF New charter 3879 LOWNDES COUNTY Board of commissioners, compensation changed, etc. 3126 District attorney, investigator provided 321 LUMPKIN COUNTY School superintendent, appointment provided, etc., referendum 3945 LUTHERSVILLE, TOWN OF Charter amended, terms of office changed 3783 LYERLY, TOWN OF New charter 4051 Tax limitation, exemption from provided 421 LYNCH, S. M., MR. MRS. Compensation to authorized 4158 M MACON, CITY OF (Bibb) New Charter, referendum 3818 Charter amended, budget control provided, etc. 3997 MACON-BIBB COUNTY New charter, referendum 3818 Urban development authority, bond provisions changed; proposed amendment to the Constitution 1827 Urban development authority, eminent domain procedure changed 3950 MACON COUNTY Recreation Commission, conveyance of property to authorized 432 MACON JUDICIAL CIRCUIT Assistant district attorneys provided 1165 MADISON, CITY OF Charter amended, terms of officers changed, etc. 2504

Page 4747

MADISON COUNTY Board of commissioners, salary changes, etc. 2733 Tax commissioner, salary changed 2543 MALT BEVERAGES Common carrier distribution, certain, authorized 508 Non-tax paid, transportation limited fixed 476 Public record inspection provided 282 MARIETTA, CITY OF Homestead exemptions, certain income excluded in qualification for; proposed amendment to the Constitution 1789 Lease to, authorized 340 Retirement benefits increased; proposed amendment to the Constitution 1872 MARRIAGE AND FAMILY COUNSELOR LICENSING ACT Enacted 659 MARRIAGE LICENSES Location for obtaining provided (600,000 or more) 684 Provisions changed 1719 MAYSVILLE, TOWN OF Charter amended, contract provisions changed 3715 McDONOUGH, CITY OF Charter amended, term of mayor changed 3613 McDUFFIE COUNTY Assistant District Attorney, office created 1173 Board of commissioners, salary changes 2846 Sheriff, supplemental allowance provided 3713 Superior court clerk, etc., salary changes 2842 Tax commissioner, personnel salary changes, etc. 2839 McGARRAH, L. C. Compensation to authorized 4294 McINTOSH COUNTY District attorney's office, additional secretary provided 1187

Page 4748

MEADOR, THOMAS DALE Compensation to provided 4391 MEANSVILLE, CITY OF New charter 3336 MEDICAL MALPRACTICE Actions, etc. 1047 Limitations of actions provided 1363 MEDICAL PRACTITIONERS Clinical clerkships provided 403 Family practice, joint advisory board created 1096 MEDICAL SCHOOLS Certain, exempted from clinical laboratories act 1362 MEDICAL STUDENTS Scholarship provisions changed; proposed amendment to the Constitution 1876 MEIGS, CITY OF New charter 4393 MENLO, TOWN OF Charter amended, corporate limits changed 2836 MENTAL HEALTH AND MENTAL RETARDATION SERVICES ACT Enacted 953 MENTALLY ILL Expense payment concerning hospitalization provided 328 METROPOLITAN ATLANTA EXPRESS SYSTEM DEVELOPMENT PLAN Authorized 1518 Amended, certain investment interest purposes limited 3098 Amended, election of secretary and treasurer provided 3407 Amended, membership of board of directors changed, etc. 217

Page 4749

Amended, public meeting requirements changed 3104 Amended, reporting requirements changed 3092 MILITARY COLLEGES Tuition grants, certain, authorized, etc. 503 MILLEDGEVILLE, CITY OF Charter amended, referendum authorized 3282 Charter amended, terms of certain officials changed, etc. 2820 Charter amended, term of mayor changed, etc., referendum 3278 MILLEN, CITY OF Charter amended, election date changed, etc. 3275 MILLER COUNTY State court, judge, salary changed 2775 MINING Surface mining act amended 527 MISSING PERSONS Administration of certain estates provided 1008 MITCHELL COUNTY State court, judge, etc., salary changed, etc. 3625 MOBILE HOME PERMIT ACT Amended 1186 MOBILE HOMES Separate tax classification provided; proposed amendment to the Constitution 1753 Taxation procedures enacted 1529 MONROE, CITY OF Charter provisions changed, corporate powers changed 3805 MONTGOMERY COUNTY Additional judge provided 777

Page 4750

MORROW, CITY OF See also tabular indexMunicipalities, Home Rule Amendments MORTGAGED PROPERTY Wrongful sale of motor vehicles, etc., penalty increased 637 MOTOR CONTRACT CARRIERS Redefined 197 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended, bond provisions changed 319 MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISES PRACTICE ACT Enacted 1440 MOTOR VEHICLES Accident reparations act amended 642 Accident reparations act amended, certain liability policy provisions required 1523 Accident reparations act, amended, certain minimum liability insurance coverage provided 1513 Affidavit for purchase of tag, act repealed 682 Certificate of title act, bond provisions changed 319 Dealers in used parts, registration act amended 1073 Forest products trucks, provisions changed 694 Homicide by, redefined 977 Inspection certificate, replaced windshields 216 New car warranty, shock sustaining provisions 1413 Off-road vehicle Act 330 Reciprocal agreements authorized 198 School bus drivers, disembarking children 479 Uninsured motorists, bankruptcy provisions 1195 Used, by nonresidents, act repealed 681 Wrongful sale of mortgaged, penalty increased, etc. 637 MOULTRIE, CITY OF (Colquitt County), development authority bonds, interest rate changed; proposed amendment to the Constitution 1773 MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY Revenue bonds, maximum interest rate changed; proposed amendment to the Constitution 1773

Page 4751

MOUNTAIN JUDICIAL CIRCUIT Judge, supplemental salary authorized 1086 MOUNTAIN VIEW, CITY OF Charter amended, certain tax levy provided, etc. 3970 Charter repeal provided, referendum 3974 MUNICIPAL HOME RULE ACT Amended 1429 MUNICIPALITIES Alternate annexation method provided 1011 Astrologist licensing fee act repealed (400,000 or more) 4010 Bankruptcy petitions prohibited 1557 Bonds, proceeds investment provided 400 Certain home rule act repealed, etc. 259 Certain, within certain counties (400,000 or more cities) 3137 Fire department pensions, marriage provisions changed 3050 Grant filing time, certain, extended 436 , 437 Officers, certain age eligibility changed, etc. 464 Pension act amended (150,000 or more) 3257 Personal property, certain tax exemption provided; proposed amendment to the Constitution 1755 Planning and zoning power provided 1014 Purchase of foreign beef prohibited 1650 Sale of property, requirements provided, etc. 350 Service of process, etc., provided 188 Solar energy, certain tax exemption provided; proposed amendment to the Constitution 1765 Tax notice information, requirements 518 Utilities, interference with certain, penalized 773 MUSCOGEE COUNTY Homestead exemption increased on certain property; proposed amendment to the Constitution 1913 MUTUAL AID RESOURCES PACT ACT Enacted 742 N NATURAL RESOURCES, DEPARTMENT OF Deer, certain destruction authorized 645 Retirement, certain employees 1407

Page 4752

NEWTON COUNTY Board of commissioners, districts changed, etc., referendum 3402 Board of commissioners, expense statements required, etc. 3032 Board of education, competitive purchase bidding required 3559 Board of education, election districts changed, etc., referendum 3505 Small claims court created 3807 NONPROFIT HOMES Certain tax exemption provided; proposed amendment to the Constitution 1761 NORMAN PARK, CITY OF New charter 2661 NUNEZ, TOWN OF Charter amended, terms of office changed 3938 NURSE ANESTHETISTS Act amended 1361 NURSING HOMES, STATE BOARD OF Act amended 1184 O OBSCENE MATERIALS Tax act repealed 270 OCONEE COUNTY Additional judge provided 562 Board of commissioners, chairman, salary changed 3568 Board of commissioners, conveyance of land, to, authorized 1587 Probate court judge placed on salary 3570 School superintendent, appointment provided, referendum 3935 Sheriff, automobile provisions changed 3563 Superior court clerk placed on salary 3565 Tax commissioners, salary changed, etc. 3578

Page 4753

OCONEE JUDICIAL CIRCUIT Additional judge provided 777 ODOM, EDWIN J. Compensation to authorized 4125 OFF-ROAD VEHICLE ACT OF 1975 Enacted 330 OFFICIAL STATE MINERAL, FOSSIL AND QUARTZ Designated 567 OIL AND GAS AND DEEP DRILLING ACT Amended 544 OPTOMETRISTS State discrimination, certain, prohibited 474 OPTOMETRY Certain delinquency penalty increased 185 Hearing officer provided 1575 ORTHOTISTS PRACTICE ACT Enacted 1349 OSTEOPATHS Licensing provisions, certain, repealed, etc. 687 P PAINT Timber-making, certain sale prohibited, etc. 1556 PALMETTO, CITY OF See also tabular indexMunicipalities, Home Rule Amendments Charter amended, election of councilmen changed 3623 PARDONS AND PAROLES, STATE BOARD OF Vacancy provisions changed, etc.; proposed amendment to the Constitution 1865

Page 4754

PARENT AND CHILD Custody of children, provisions changed 1050 Grandparents, certain visitation rights provided 247 Tort liability provisions changed 511 PATTERSON, CITY OF Charter amended, certain terms of office changed, etc. 3683 PAULDING COUNTY Contracts, certain authority provided; proposed amendment to the Constitution 1817 Superior court judges, expense allowance supplemented 632 PEACE OFFICERS Aggravated assault on, etc. 543 PEACE OFFICER'S ANNUITY AND BENEFIT FUND ACT Amended 580 PEACE OFFICER STANDARDS AND TRAINING ACT, GEORGIA Amended 395 Amended, qualifications changed, etc. 1563 , 1684 PEACH BLOSSOM TRAIL Designated 4160 PEACH COUNTY Assistant district attorneys provided 1165 PECANS Certain ownership of falling, provided, etc. 272 PENSION ACT Certain municipal, amended (150,000 or more) 3257 PERJURY AND FALSIFICATIONS Crimes redefined 483

Page 4755

PERSONNEL ADMINISTRATION Advisory council for, act amended 1486 Personnel Administration Act, amended, etc. 1547 PESTICIDE USE AND APPLICATION ACT OF 1976, GEORGIA Enacted 369 PHARMACISTS Regulatory fee provision made 675 PICKENS COUNTY Sheriff, additional deputy provided 3548 PIERCE COUNTY Justice of the peace, jurisdiction increased, proposed amendment to the Constitution 1888 PIERPONT-CORBETT BOX COMPANY, INC. Irrevocable easement authorized 229 PINEVIEW, TOWN OF Charter amended, terms of office changed 2711 PLAINS, CITY OF New charter 4161 PLANNING AND COMMUNITY AFFAIRS POLICY BOARD ACT Amended 658 PLANNING AND COMMUNITY AFFAIRS BUREAU Housing functions transferred to Bureau of Community Affairs, etc. 1056 PLANNING AND ZONING Certain power provided 1014 PLANNING PROGRAMMING BUREAU ACT, STATE Amended 648 PODIATRY Applicants, qualifications changed, etc. 355

Page 4756

POLITICAL SUBDIVISIONS Bonds, proceeds investment provided 400 Certain real property, not tax exempt 639 Etc., bankruptcy petitions prohibited 1557 Purchase of foreign beef prohibited 1650 Utilities, interference with certain, penalized 773 POLK COUNTY Superior court judges, expense allowance supplemented 632 POOLER, TOWN OF New charter 3419 PORT WENTWORTH, CITY OF Charter amended, corporate limits changed 3573 , 3984 PORTERDALE, CITY OF Charter amended, vacancy provisions, etc. 3561 PORTS AUTHORITY, GEORGIA Security guards arrest powers provided, etc. 1640 POWDER SPRINGS, CITY OF Certain homestead exemption provided; proposed amendment to the Constitution 1908 Charter amended, charter repeal provisions, referendum 3656 POWER PLANT SITING STUDY COMMITTEE Created 181 PRACTICE AND PROCEDURE Divorce, time for trials changed 1677 Property tax litigation, tender of taxes, condition precedent to suit 1154 PRISONERS Board of corrections act amended 949 Providing with certain items penalized 1506 PRIVATE COLLEGE GRANT ACT Amended 780

Page 4757

PROBATE COURTS Clerks, appointment provided (23,450-23,550) 1094 Judges retirement act amended 754 Office locations (600,000 or more) 682 PROCESS Municipalities, service of, etc. provided 188 PROFESSIONAL SOIL CLASSIFYING Provided 1654 PROFESSIONAL STANDARDS ACT Enacted 966 PROPERTY Joint tenants, certain right of survivorship provided 1438 Personal, certain tangible, tax exemption provided; proposed amendment to the Constitution 1755 Tenants in common, multiple party accounts, etc. 1388 Unclaimed, disposition of, act amended 203 , 556 PROPERTY TAX LITIGATION Tender of taxes, condition precedent to suit 1154 PROTESTANT EPISCOPAL SOCIETY OF AUGUSTA AND RICHMOND COUNTY ACT Amended 3002 PUBLIC AGENCIES, ETC. Members, per diem compensation limited 166 PUBLIC ASSISTANCE ACT, GEORGIA Amended, fraud provisions changed, etc. 1490 PUBLIC EMPLOYEES Blood donation leaves of absence authorized 165 PUBLIC HOSPITALS Staff privileges, refusal of, required in writing, etc. 326 PUBLIC OFFICERS Age, certain eligibility, changed, etc. 464

Page 4758

Constitutional, succession to office on disability provided, etc.; proposed amendment to the Constitution 1770 County, certain suspension on felony convictions provided 277 PUBLIC REAL PROPERTY Tax exempt, certain, not 639 PUBLIC SAFETY, DEPARTMENT OF Officer provisions, certain, changed, etc. 465 Uniform division, eligibility requirements established 524 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 577 PUBLIC SERVICE COMMISSION Action procedure established 419 Venue provided 418 PUBLIC TRANSIT BUSES, ETC. Certain acts on, prohibited 1645 PUBLIC TRANSPORTATION CODE Amended 775 Amended, certain special-purpose aircraft provided 416 Amended, enforcement officers duties specified, etc. 1500 Amended, outdoor advertising permits, provisions changed 1508 PULASKI COUNTY Additional judge provided 777 PURCHASING, STATE Procedure act, amended 752 R RABUN COUNTY Board of commissioners, self-insurance authorized 4014 Judge, supplemental salary authorized 1086 RADIATION CONTROL ACT, GEORGIA Amended 1567

Page 4759

RAPE Evidence provisions changed 741 RECORDING DEEDS, ETC. Execution before certain officer without jurisdiction 521 REHABILITATION AND LIQUIDATION OF INSURERS Conservation grounds changed 1076 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 721 RETIREMENT Board of trustees, powers provided, etc. 241 Employees, act amended 1459 Employees, duties of actuary changed 611 Employees retirement system act amended 247 Firemen's act amended 235 Firemen's pension fund act, eligibility provisions changed 973 Probate courts, judges retirement act amended 754 Public school employees, act amended 577 Sheriffs' fund, act amended 332 Superior court clerks, act amended 729 Superior court judges act 586 Teachers, certain exemptions provided 647 Teachers, leaves of absence credits changed 1458 REVENUE Automobile tag purchase, affidavit for, requirement repealed 682 Board of tax assessors, penalty provisions changed 1042 Certain confederate soldier exemption repealed 264 Corporation taxation provisions clarified 646 County staff appraisers, certain salaries supplemented 446 Deputy revenue commissioners, duties, act repealed 262 Estate tax returns, etc. 624 Forest products trucks, provisions changed 694 Franchise taxation provided, etc. 405 Income tax, certain provisions repealed, etc. 980 Income tax, Korean veterans, extension act repealed 268 Income tax, net income defined 320 Income tax, personal exemptions redefined 250 Income tax, secrecy requirements changed 192 Incorporation of certain corporations provided, etc. 1580 Insurance companies, returns, etc., certain provision repealed 262

Page 4760

Intoxicating liquors, reporting system authorized 692 Lyerly, Town of, certain tax limitation provision, exemption from 421 Mobile home returns, procedures enacted 1529 Mobile homes, separate tax classification provided; proposed amendment to the Constitution 1753 Motor fuel taxation, watercraft tax repealed 269 Nonprofit homes, certain, exempted from certain taxation; proposed amendment to the Constitution 1761 Obscene material tax repealed 270 Personal property exemption, certain, provided; proposed amendment to the Constitution 1755 Property tax litigation, tender of taxes, condition precedent to suit 1154 Public real property, certain, not tax exempt 639 Salary and wage buyers act repealed 262 Sales and use tax, act amended 469 Sales and use tax, certain farm machinery provisions clarified, etc. 987 Sales and use tax, credit for returned property clarified 341 Sales and use tax, local sales tax, time limit provisions, etc. 1019 Sales and use tax, Rock Eagle 4-H Center, certain exemption provided 411 Sales and use tax, solar energy equipment, certain, exempted 672 Shortfall reserve created 420 State Departments, etc., certain act repealed 261 Tax exempt organizations defined 613 Tax notice information, requirements 518 Transportation funds, receipt provisions made, etc.; proposed amendment to the Constitution 1759 Veteran penalty exemptions, etc., certain, repealed 265 Veterans, certain income tax abatement act, exemptions repealed 266 Water companies, tax returns excluded from certain filing 190 REVENUE BONDS Certain utilities, requirement of majority vote deleted; proposed amendment to the Constitution 1749 REVENUE SHORTFALL RESERVE Created 420 RICHMOND COUNTY See also tabular indexCounties, Home Rule Amendments Merit system act amended, employees covered by act provided, etc. 4475

Page 4761

Protestant Episcopal Society, act amended 3002 Superintendent of schools, vacancy provisions made 3738 RICHMOND HILL, CITY OF Charter amended, corporate limits changed, referendum 3288 ROBERT BATTEY SURGICAL BUILDING Designated 1505 ROBERTA, CITY OF New charter 4127 ROCK EAGLE 4-H CENTER Sales tax exemption provided, certain 411 ROCKMART, CITY OF Charter amended, election date changed 4022 ROME, CITY OF Charter amended, loan provisions changed 3308 ROSS CHAPEL CHURCH Conveyance of land to, authorized 1675 ROYSTON, CITY OF Land conveyance to, authorized 736 RYAN, GAIL E. Compensation to authorized 4123 S SALARY AND WAGE BUYERS ACT Repealed 262 SALE CITY, CITY OF Charter amended, garbage collection authorized, etc. 3633 SALES Judicial, payment by certified check, etc., provided 367 Retail installment and home solicitation act, amended 721

Page 4762

SAVANNAH, CITY OF Charter amended, corporate limits changed 3990 Municipal court judge, salary changed 3334 SCHLEY COUNTY Board of commissioners, compensation changes 2806 SCHOLARSHIPS Law enforcement officers, etc., children of, eligibility requirements changed 541 Medical students, provisions changed; proposed amendment to the Constitution 1876 SCHOOL BUS DRIVERS Disembarking children 479 SCHOOL DISTRICTS Bonds, proceeds investment provided 400 SCHOOL LUNCHES False information, penalty provided 638 Provisions changed 1385 SEMINOLE COUNTY Coroner placed on salary 2783 Small claims court, jurisdiction changed, etc. 2777 Superior court clerk, salary changed 2781 SENTENCES Misdemeanor, certain, service provided 210 SERVICE Municipalities, process, etc., provided 188 SETTLEMENTS Certain, with injured persons prohibited 202 SHERIFFS Certain counties, salary changed, etc. (10,600-10,900) 3123 Fees changed, etc. 702 Transition of power to new sheriffs provided, etc. 423

Page 4763

SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 332 SMALL AND MINORITY OWNED BUSINESSES STUDY COMMITTEE Created 1525 SMALL CLAIMS COURT Act creating repealed (9,977-10,140) 3274 Jurisdiction changed (8,750-8,950) 3586 Jurisdictional amounts changed (22,830-23,500) 2721 SMITH, GEO. L., II State Park designated 1499 SMYRNA, CITY OF Charter amended, election date changed, etc. 3244 Homestead exemption, certain, provided; proposed amendment to the Constitution 1929 SOIL AMENDMENT ACT OF 1976, GEORGIA Enacted 359 SOIL CLASSIFYING, PROFESSIONAL Provided 1654 SOLAR ENERGY Certain equipment, exempt from sales and use tax 672 Certain tax exemptions provided; proposed amendment to the Constitution 1765 SOUTHERN JUDICIAL CIRCUIT Investigator provided 321 SPALDING COUNTY Regulation of businesses in unincorporated area provided; proposed amendment to the Constitution 1771 , 1810 Small claims court, jurisdiction changed, etc. 2903 STATE Transfer of property to, etc., implied trust does not arise, etc. 193

Page 4764

STATE AUTHORITIES Contracts for supplies, etc., certain preference required 181 STATE BOARD OF CORRECTIONS Prisoners 949 STATE BOARD OF NURSING HOMES ACT Amended 1184 STATE BOARD OF PARDONS AND PAROLES Vacancy provisions changed, etc.; proposed amendment to the Constitution 1865 STATE BOARDS Etc., code of ethics 344 Etc., disclosure of certain fees, etc., provided 978 Etc., optometrist discrimination, certain, prohibited 474 STATE BUILDING ADMINISTRATIVE BOARD Member composition changed 654 STATE DEPOSITORY ACT Amended 769 Meetings changed 728 STATE EMPLOYEES Area trade schools, sick leave provided, etc. 506 Health insurance participation changed 199 Health insurance plan amended 1384 Insurance premiums, salary deductions for certain, authorized 1603 Transactions with State, certain exceptions provided 448 STATE GOVERNMENT Books, surplus, donation of provided; proposed amendment to the Constitution 1764 Certified public management program authorized 338 Members of boards, etc., code of ethics 344 STATE MERIT SYSTEM Amended, etc. 1547 Certified public management program authorized 338

Page 4765

STATE MINERAL, FOSSIL AND QUARTZ, OFFICIAL Designated 567 STATE OCCUPATIONAL THERAPY LICENSING ACT, GEORGIA Enacted 993 STATE OFFICERS Optometrist discrimination, certain, prohibited 474 Transactions with State, certain exceptions provided 448 STATE PARKS AND RECREATIONAL AREAS ACT Amended 1160 STATE PLANNING AND COMMUNITY AFFAIRS BUREAU Housing functions transferred to Bureau of Community Affairs, etc. 1056 STATE PLANNING AND COMMUNITY AFFAIRS POLICY BOARD ACT Amended 658 STATE PLANNING PROGRAMMING BUREAU ACT Amended 648 STATE PROPERTIES COMMISSION Membership provided, etc.; proposed amendment to the Constitution 1748 STATE PURCHASING PROCEDURE ACT Amended 752 STATE REVENUE COMMISSIONER Special agents, endowment of certain powers 1093 STATE SPACE MANAGEMENT ACT OF 1976 Enacted 252 STATE SUPERINTENDENT OF SCHOOLS Annual reports provided 540 STEPHENS COUNTY Judge, supplemental salary authorized 1086

Page 4766

STEWART COUNTY Commissioner, salary changed 3699 Tax commissioner, salary changed 3698 STRUCTURAL PEST CONTROL ACT Amended 308 SUMMERVILLE, CITY OF Charter amended, road closing, etc. 3515 SUMTER COUNTY Superior and state courts, clerks, salaries increased, etc. 3152 SUNDAY, DISCHARGING FIREARMS ON Prohibition amended 1437 SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT Enacted 586 SUPERIOR COURTS Assistant District Attorneys, certain judicial circuits, compensation authorized 526 Certain judge emeritus, payment provided (79,600-81,000) 4089 Clerks, investment of certain funds authorized 976 Clerks, personnel provided (145,000-165,000) 3491 Clerks retirement act amended 729 SUPERIOR COURTS Clerks, mailing fees provided (22,325-22,330) 426 Judicial Circuits, certain; assistant district attorneys, compensation changed 673 SUPREME COURT Determination of disability of constitutional officers provided; proposed amendment to the Constitution 1770 SURVEILLANCE EQUIPMENT Certain use, not unlawful 1100 SWAINSBORO, CITY OF Land conveyance to, authorized 1605

Page 4767

T TALIAFERRO COUNTY Assistant District Attorney, office created 1173 Superior court clerk placed on salary 3802 TALLAPOOSA, CITY OF New charter 4262 TALLAPOOSA JUDICIAL CIRCUIT Superior court judges, expense allowance supplemented 632 TATTNALL COUNTY District attorney's office, additional secretary provided 1187 TAX ASSESSORS Equalization board, qualifications changed 1744 Penalty provisions changed 1042 , 1071 TAX COLLECTION STUDY COMMISSION Dissolution provided, etc. (250,000-500,000) 2725 TAX COLLECTORS AND COMMISSIONERS Checks may be accepted, etc. 1044 Minimum salaries provided 988 TAX COMMISSIONERS Salaries fixed (35,000-44,000) 3005 TAX-EXEMPT ORGANIZATIONS Defined 613 TAXIDERMIST License provided 1674 TAX RECEIVERS Tax return time changed (32,000-32,300) 1155 TEACHERS Maternity leaves 364

Page 4768

TEACHERS' RETIREMENT SYSTEM ACT Amended, certain exemptions provided 647 Amended, leaves of absence credits changed 1458 TELECOMMUNICATION SERVICE Avoidance of payment, provisions clarified, etc. 1179 TELFAIR COUNTY Additional judge provided 777 Commissioner, salary changed 3603 Probate court judge, salary changed 3600 Sheriff, salary changed 3594 Superior court clerk, salary changed 3598 Tax commissioner, salary changed 3596 TENANTS IN COMMON Multiple party accounts, etc. 1388 TERRELL COUNTY Deputy sheriff, salary changed 3239 THEFT BY CONVERSION Payments for property improvements prohibited 1456 THOMAS COUNTY District attorney, investigator provided 321 THOMASTON, CITY OF Certain contract authorization provided; proposed amendment to the Constitution 1893 THOMASVILLE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments TIFT COUNTY Board of commissioners, chairman, salary changed 3792 Development authority, bond interest rate increased 2739 TOCCOA, CITY OF Charter amended, corporate limits changed 4199 Charter amended, election date clarified 3582

Page 4769

TOLES, HUGH M. Compensation to authorized 4198 TOOMBS COUNTY Board of commissioners, salary changes 3541 TOOMBS JUDICIAL CIRCUIT Assistant district attorney, office created 1173 TORTS Children, certain parental liability provisions changed, etc. 511 Settlements with injured persons, certain, prohibited 202 TOWNS COUNTY Judge, supplemental salary authorized 1086 Land conveyance to authorized 1647 Sheriff, personnel provided, etc. 2824 TRADEMARK PROTECTION ACT, CERTAIN Repealed 195 TRANSPORTATION FUNDS Receipt provisions made, etc.; proposed amendment to the Constitution 1759 TREASURER Appointment authorized in certain counties (6,700 - 6,825) 2802 Compensation provided (32,700 - 33,400) 2540 TROUBLED CHILDREN STUDY COMMITTEE Created 1489 TROUP COUNTY Small claims court, jurisdiction changed 3717 State court judge, qualifications changed 3722 TRUSTEES Certain small business firm investments authorized 560 TRUSTS Certain investments of fiduciaries clarified 1524 Transfer of property to state, etc., implied trust does not arise, etc. 193

Page 4770

TUCKER, MRS. ADELE LOUISE Conveyance of land to authorized, etc. 1404 U UNIFORM ACT TO SECURE ATTENDANCE OF OUT OF STATE WITNESSES Enacted 1366 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, inspection certificate, replaced windshields 216 Certain marked patrol vehicles authorized 208 UNIFORM PROPERTY TAXATION County staff appraisers, salaries supplemented 446 UNION CAMP CORPORATION Land easement authorized 429 UNION COUNTY Judge, supplemental salary authorized 1086 UNITED DAUGHTERS OF THE CONFEDERACY Possibility of reverter conveyance authorized 1665 UNITED STATES Constitution, proposed amendment requested 184 Flag, pledge of allegiance to, provided 271 Government, land conveyance authorized to 1636 UPSON COUNTY Certain contract authorization provided; proposed amendment to the Constitution 1893 Probate court judge, budget, etc. 3511 URBAN REDEVELOPMENT LAW Amended 946 UVALDA, TOWN OF Charter amended, franchise provisions changed 2545

Page 4771

V VALDOSTA, CITY OF New charter 3185 VETERANS Certain income tax abatement exemptions repealed 266 Certain penalty exemptions, etc., act repealed 265 Korean, income tax extension act repealed 268 VETERINARY MEDICINE Advisory board, act amended 753 VIDALIA, CITY OF Charter amended, certain franchise, etc., restrictions removed 2862 Charter amended, primary election provision repealed 2860 VITAL RECORDS Certain correction procedures provided 1062 Death certificate provisions changed, etc. 677 W WALKER COUNTY Superior court clerk, personnel salary changes, etc. 3798 Tax commissioner, personnel salary changes, etc. 3795 WALL, DANIEL Compensation to provided 4425 WARE COUNTY Board of commissioners, recall provisions made, etc. 3993 Board of commissioners, salary changes; county manager provided, referendum 2811 Officers, recall provisions made; proposed amendment to the Constitution 1851 WARM AIR HEATING CONTRACTORS, BOARD OF EXAMINERS Qualification of members changed 1072

Page 4772

WARNER ROBINS, CITY OF Charter amended, contract provisions changed, etc. 3518 Charter amended, corporate limits changed 3953 WARREN COUNTY Assistant District Attorney, office created 1173 Board of commissioners, referendum on question of multi-member board authorized 3660 Probate court, clerical assitance provided 3148 WASHINGTON, CITY OF Land conveyance to, authorized 723 WASHINGTON COUNTY Small claims court, jurisdiction changed, etc. 3640 WATER COMPANIES Tax returns, excluded from certain filing 190 WATER WELL STANDARDS ACT OF 1976 Enacted 974 WATKINSVILLE, CITY OF Charter amended, mayor's court, presiding officer appointment authorized 3606 WAYNE COUNTY Industrial development tax authorized; proposed amendment to the Constitution 1892 WAYNESBORO, CITY OF New charter, referendum 2954 WEAPONS Certain disposition authorized 167 WESTERN JUDICIAL CIRCUIT Additional judge provided 562 WHEELER COUNTY Additional judge provided 777

Page 4773

WHITE PLAINS, CITY OF Charter amended, terms of office changed 2730 WHITFIELD COUNTY Small claims court created; proposed amendment to the Constitution 1849 WILKES COUNTY Assistant District Attorney, office created 1173 Small claims court, jurisdiction changed, etc. 2945 WILLS Additional witness procedures provided, etc. 640 Certain investments of fiduciaries clarified 1524 Fiduciary powers, certain incorporation by reference, act repealed 1586 Missing persons' estates, certain, procedure for administration provided 1008 Year's support provisions changed, etc. 1059 WINE Common carriers, certain distribution authorized 509 Public record inspection provided 281 WITNESSES Certain, competency in child abandonment and adultery matters provided 1014 Out-of-state, securing attendance of, provided 1366 Wills, additional procedures provided, etc. 640 WOMEN Married, surety on bail bonds authorized 478 WORKMEN'S COMPENSATION Subsequent injury fund created; proposed amendment to the Constitution 1762 WRIGHTSBORO QUAKER COMMUNITY FOUNDATION, INC. Land conveyance to authorized 1642 Y YEAR'S SUPPORT Provisions changed, etc. 1059

Page 4774

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 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 4779

MEMBERS OF THE GENERAL ASSEMBLY 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 4781

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1975-1976 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 2440 Manchester Expressway 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

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMBERICAL ORDER AND POST OFFICES FOR THE TERM 1975-1976 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 2440 Manchester Expressway, 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 35 Hudson, Perry J. 3380 Old Jonesboro Road, Hapeville 30354 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 277, 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 4786

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 4788

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1975-1976 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 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 Canty, Mrs. Hanrietta Mathis 38 487 Lynn Valley Road, S.W., Atlanta 30311 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, Williard 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 Floyd, Leon 56-Post 2 P.O. Box 32249 Decatur 30032 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 Hanner, Bob 130 Route 1 Parrott 31777 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 1 712 West Ave. 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 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. 27 405 State Capitol Atlanta 30334 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. 102 448 Woolfolk St. 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 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., Marietta 30060 Wood, Joe T. 9-Post 1 P.O. Box 736, Gainesville 30501

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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 712 West Ave. 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. (Al) 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 405 State Capitol Atlanta 30334 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 Henrietta Mathis Canty 487 Lynn Valley Road, S.W., Atlanta 30311 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 Leon Floyd P.O. Box 32249 Decatur 30032 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, Hongansville 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 448 Woolfolk St. 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 Bob Hanner Route 1 Parrott 31777 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

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1975 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 1975 33 1 1 31 1975 Ex. Sess. 1 1 TOTALS 806 42 40 724

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REFERENDUM ELECTIONS1953-1971 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No . SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Twon of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

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Georgia Laws 1953, November-December session : County Page No . SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 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 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 4810

Georgia Laws, 1956 : County Page No . SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 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 (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results 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] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultire Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area vote : Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Sheriffcompensation 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 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 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 Georgia Laws, 1957 : County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1 : For312; Agn14 Area 2 : For312; Agn14 Area 3 : For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of Athens 2-27-57 For617 Agn2112 Clarke 2036 City of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 Georgia Laws, 1958 : County Page No . SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2363 City of College Park 5-14-58 For10 Agn0 Clayton Fulton 2721 City of College Park 6-3-58 For738 Agn340 Clayton Fulton 2453 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2854 City of College Park 5-14-58 For0 Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63 Agn28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote : For227; Agn15 Outside city : For143; Agn54 Parcel #2- City vote : For229; Agn15 Outside city : For39; Agn40 Parcel #3- City vote : For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 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 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 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 For146 Agn4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 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 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 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 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806

Page 4826

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 For61 Agn56 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 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 Rockmart For: 669 Agn: 174 Ward 1 For: 22 Agn: 36 Ward 2 For: 0 Agn: 17 Ward 3 For: 0 Agn: 0 Ward 4 For: 6 Agn: 69 Ward 5 For: 0 Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

Page 4829

Georgia Laws, 1962 : County Page No . SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City : For385; Agn108 Outside City : For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County : For6612; Agn9103 City of Columbus : For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexington 11-6-62 For392 Agn180 Putnam 2440 Certain County Officerscompensation 11-6-62 For626 Agn129 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 4832

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 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 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 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130

Page 4835

Georgia Laws 1964, January-February session : County Page No . SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For174 Agn394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For55 Agn71 Fulton 2478 City of Union City 5-8-64 For214 Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For90 Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251 Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside : For61 Agn43 Outside : For0 Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For110 Agn30 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) For509 Agn502 For692 For93 Pickens 2066 Board of County Commissioners 3-4-64 For1822 Agn144 Pickens 2078 City of Jasper 3-21-64 Inside City : For43 Agn3 Outside City : For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tifton 4-22-64 For281 Agn216 Tift 2361 City of Tifton 4-22-64 For136 Agn368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire Prevention Districts 2-15-65 For246 Agn41 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 For933 Agn863

Page 4838

Georgia Laws 1964, Extra Session : County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For464 Agn529 Barrow 2347 City of Winder 9-9-64 For507 Agn372 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 For57 Agn104 Troup 2256 City of Hogansville 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64 For216 Agn32

Page 4839

Georgia Laws, 1965 : County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11-8-66 For589 Agn556 Appling 3361 Providing for an annual audit 11-8-66 For733 Agn326 Baldwin 2306 City of Milledgeville 6-2-65 For544 Agn462 Baldwin 2316 Board of County Commissioners 4-7-65 For801 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 For828 Agn1198 Decatur 2819 City of Bainbridge 4-7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For447 Agn472 Dooly 2582 City of Unadilla 7-20-65 For56 Agn115 Echols 3160 City of Statenville 7-14-65 For72 Agn75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For92 Agn123 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 For51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coronercompensation 5-12-65 For105 Agn58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 Ordinarycompensation 6-16-65 For953 Agn353 Tift 2608 Clerk Superior Courtcompensation 6-16-65 For952 Agn381 Tift 2705 Tax Commissionercompensation 6-16-65 For943 Agn361

Page 4841

Georgia Laws, 1966 : County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton 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 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page 4843

Georgia Laws, 1967 : County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 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 For663 Agn570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 City Board of Education 5-3-67 For1258 Agn598 Newton 2784 Baord of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

Page 4846

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 For1,205 Agn1,144 Sumter 2065 County Board of Education 5-21-68 For626 Agn483 Tift 2023 City of Tifton 4-3-68 For408 Agn310 Toombs 3424 County Board of Education 5-29-68 For65 Agn772 Walker 2152 City of Lookout Mountain 5-9-68 For299 Agn252 Walker 2235 County Board of Education 5-9-68 For1,155 Agn887 Walton 2974 County Board of Education 6-18-68 For1,709 Agn265 Wayne 3361 County Board of Education 9-11-68 For1,140 Agn614 Whitfield 3065 City of Varnell 5-23-68 For41 Agn5 Wilkes 3462 Town of Rayle 5-17-68 For43 Agn4

Page 4850

Georgia Laws, 1969 : County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For180 Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Education 5-22-69 For422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For326 Agn86 Charlton 2665 County Board of Education 7-15-69 For143 Agn287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn718 Sec. 2 For624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773 Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7-2-69 For113 Agn581 Crisp 3806 City of Cordele 6-18-69 For299 Agn245 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 4854

Georgia Laws, 1970 : County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11-3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11-3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339 Agn205 Clarke 2985 County School District Tax 11-3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education 9-9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11-3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City : For83 Agn60 Outside City : For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 Monroe 3030 County Board of Education 11-3-70 For815 Agn503 Murray 2365 City of Chatsworth 5-9-70 For133 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 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 For439 Agn537

Page 4857

Georgia Laws 1971, January/February session : County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 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 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 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 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049 Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 Pierce 2888 County CommissionerChrm. 11-7-72 For683 Agn642 Pike 3686 City of Zebulon 6-19-71 For52 Agn23 Polk 3708 City of Rockmart 10-2-71 For586 Agn254 Polk 3770 City of Aragon 6-2-71 For133 Agn85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For5,834 Agn10,779 City of Augusta For6,415 Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403 Agn1,855 Telfair 3448 Board of County Commissioners 7-20-71 For441 Agn700 Tift 2722 County Board of Education 6-9-71 For1,430 Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663 Agn273 Turner 2021 Personnel for Sheriff 4-27-71 For427 Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1 : For1,324 Agn931 Sec. 2 : For1,456 Agn898 Wayne 2715 County Board of Education 8-8-72 For403 Agn1,730 Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043

Page 4861

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 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. For926 Agn801 Rep. For1 Agn0 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 Agn7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 Demo. For2,455 Agn2,274 Rep. For2 Agn2 Decatur 3288 Board of County Commissioners 5-23-72 For668 Agn2,687 Dodge 2329 City of Eastman 4-27-72 For474 Agn1,117 Dodge 3339 County Board of Education 8-8-72 For914 Agn858 Douglas 3997 County Board of Education 5-16-72 For400 Agn620 Elbert 2479 Board of County Commissioners 8-8-72 For1,583 Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 For668 Agn3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 For1,499 Agn2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 For6,911 Agn4,674 Forsyth 2065 Board of county commissioners 4-19-72 For551 Agn386 Gwinnett 4058 County Board of Education 5-17-72 For989 Agn924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8-8-72 For1,410 Agn616 Heard 2113 Board of county commissioners 5-3-72 For756 Agn732 Henry 2090 State Court of Henry County 4-19-72 For570 Agn1,943 Henry 2104 Board of County Commissioners 4-19-72 For407 Agn2,070 Houston 2399 County Board of Education 8-8-72 For2,853 Agn6,462 Jeff Davis 2760 County Board of Education 8-8-72 For829 Agn511 Laurens 4099 County Board of Education 8-8-72 For3,185 Agn1,103 Lowndes 2696 Ordinarycompensation 11-7-72 For3,533 Agn1,995 Lowndes 2701 Tax Commissionercompensation 11-7-72 For3,622 Agn1,885 Lowndes 2706 Clerk Superior Courtcompensation 11-7-72 For3,463 Agn2,254 McDuffie 2538 County Board of Education 6-8-72 For305 Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien For86 Agn62 Dist. No. 271 For7 Agn73 Total : For93 Agn135 McIntosh 2852 City of Darien 11-7-72 Not Held Macon 2322 Board of county commissioners 4-26-72 For608 Agn882 Madison 2547 County Board of Education 11-7-72 For1,060 Agn1,785 Madison 2972 Appt. of county school superintendent 11-7-72 For921 Agn2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For688 Agn2,648 Peach 3910 City of Fort Valley 6-14-72 For440 Agn1,351 Pike 3003 County Board of Education 5-16-72 For402 Agn142 Pulaski 3244 Board of County Commissioners 5-23-72 For399 Agn939 Putnam 2678 County Board of Education 8-8-72 For1,262 Agn831 Putnam 3833 City of Eatonton 6-13-72 For118 Agn28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For452 Agn121 Telfair 4102 County Board of Education 6-20-72 For564 Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72 For1,885 Agn3,278 Tift 2908 City of Tifton 5-3-72 For247 Agn498 Treutlen 2340 County Board of Education 5-9-72 For688 Agn233 Treutlen 2345 Board of County Commissioners 5-9-72 For715 Agn221 Walker 2647 County Board of Education 11-7-72 For6,373 Agn2,129 Walton 3006 City of Social Circle 5-31-72 For51 Agn49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114 Agn159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 For348 Agn901 Wilkinson 333 County Board of Education 11-7-72 For654 Agn608

Page 4867

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 Yes533 No45 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 Agn4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes21 No29 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 For648 Agn682 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 Yes412 No52 Cook 2300 Cook County Commissioners 5-22-73 For758 Agn735 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 Yes37 No191 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 # Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes225 No256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes808 No191 Stewart 3152 City of Lumpkin 6-12-73 Yes97 No173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes322 No228

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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 Peach-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 # Yes: 434,559 No: 363,947 8-8-72 Date State Wide Primary Election. 11-7-72 Date General Election.

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Georgia Laws, 1975, January/February Session : County Page No . SUBJECT Date of Election Result Appling 3678 City of Baxleycorporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525 Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11-4-75 For: 10,601 Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962 County Board of Education 5-4-76 * * Date of Presidential Preference Primary Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary 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. DeKalb 2752 County Board of Education Districts-terms 5-4-76 * Dodge 3031 County Board of Education elected 11-4-75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739 Gordon 2719 Create Board of Commissioners for County 7-8-75 For: 1,500 Agn: 972 Greene 4270 County Board of Education 5-4-76 * Hall 3574 Board of County Commissioners 8-10-76 # Harris 2960 County Board of Education Superintendent 7-8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7-9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For: 17 Agn: 5 Outside Town For: 20 Agn: 31 Spalding 4352 Board of County Commissioners 11-4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For: 209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4490 County Board of Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531 Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Municipality Yes No Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 (This election act was on a population basis and affects only Chatham County) 1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9-9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

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Local Option Sales and Use Tax of 1% (Ga. L. 1975, p. 984) County Date of Election Result Douglas Aug. 6, 1975 Yes: 1,589 No: 1,194 Richmond Aug. 5, 1975 Yes: 8,347 No: 4,332 Tift Aug. 12, 1975 Yes: 1,194 No: 1,371 Ben Hill Aug. 12, 1975 Yes: 713 No: 504 Cook Aug. 12, 1975 Yes: 813 No: 328 Colquitt Aug. 12, 1975 Yes: 1,207 No: 2,147 Troup Aug. 12, 1975 Yes: 1,394 No: 2,724 Walker Aug. 5, 1975 Yes: 1,972 No: 1,319 Irwin Aug. 12, 1975 Yes: 445 No: 283 Turner Aug. 12, 1975 Yes: 677 No: 390 Lowndes Aug. 12, 1975 Yes: 1,902 No: 1,808 Thomas Aug. 12, 1975 Yes: 1,371 No: 1,821 Berrien Aug. 12, 1975 Yes: 472 No: 604 Floyd Aug. 20, 1975 Yes: 4,309 No: 5,660 Paulding Aug. 26, 1975 Yes: 1,128 No: 1,547 Brooks Aug. 19, 1975 Yes: 375 No: 651 Forsyth Aug. 27, 1975 Yes: 915 No: 314 Muscogee Sept. 11, 1975 Yes: 12,340 No: 6,480 Butts Sept. 16, 1975 Yes: 717 No: 466 Clarke Sept. 16, 1975 Yes: 3,716 No: 4,280 Polk Sept. 16, 1975 Yes: 530 No: 1,670 Murray Sept. 17, 1975 Yes: 356 No: 534 McDuffie Sept. 23, 1975 Yes: 578 No: 824 Whitfield Sept. 23, 1975 Yes: 3,370 No: 809 Dougherty Sept. 23, 1975 Yes: 4,016 No: 4,055 Chatham Sept. 17, 1975 Yes: 15,249 No: 13,286 Hall Sept. 23, 1975 Yes: 3,038 No: 3,040 Stephens Oct. 21, 1975 Yes: 1,021 No: 1,047 Catoosa Oct. 14, 1975 Yes: 1,661 No: 807 Habersham Nov. 4, 1975 Yes: 675 No: 2,386 Coweta Nov. 4, 1975 Yes: 2,541 No: 911 Spalding Nov. 4, 1975 Yes: 1,075 No: 4,550 Jefferson Nov. 18, 1975 Yes: 682 No: 640 City and County Date of Election Result West Point (Troup and Harris Cos.) Sept. 16, 1975 Yes: 448 No: 72 Cave Spring (Floyd Co.) Oct. 21, 1975 Yes: 143 No: 107 Rome (Floyd Co.) Oct. 21, 1975 Yes: 1,687 No: 2,257

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For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State