Acts and resolutions of the General Assembly of the state of Georgia 1977 [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 19770000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1977 19770000 Compiled and Published by Authority of The State

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iii Bills and ResolutionsAct Number References x Acts and Resolutions of General Application 3 Resolutions Proposing Amendments to the Constitution 1553 Vetoes by the Governor, 1977-1978 Session 1625 The Constitution of the State of Georgia of 1976 1627 Map of Counties 1733 Appellate CourtsPersonnel 1734 Superior CourtsPersonnel and Calendars 1736 IndexTabular 1746 IndexGeneral 1755 Population of Georgia CountiesAlphabetically 1791 Population of Georgia CountiesNumerically 1794 Georgia Senators, Alphabetically by County 1796 Georgia Senators, Alphabetically by Name 1798 Georgia Senators, Numerically by District 1801 Georgia Representatives, Alphabetically by County 1803 Georgia Representatives, Alphabetically by Name 1805 Georgia Representatives, Numerically by District 1813 Status of Referendum Elections for the Years 1953-1976 1822 Proclamations 1897 VOLUME TWO Acts by NumbersPage References iii Bills and ResolutionsAct Number References x Acts and Resolutions of Local Application 2501 County Home Rule Actions 4549

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Municipal Home Rule Actions 4571 Vetoes by the Governor, 1977-1978 Session 4677 The Constitution of the State of Georgia of 1976 4679 Map of Counties 4785 Appellate CourtsPersonnel 4786 Superior CourtsPersonnel and Calendars 4788 IndexTabular 4798 IndexGeneral 4807 Population of Georgia CountiesAlphabetically 4843 Population of Georgia CountiesNumerically 4846 Georgia Senators, Alphabetically by County 4848 Georgia Senators, Alphabetically by Name 4850 Georgia Senators, Numerically by District 4853 Georgia Representatives, Alphabetically by County 4855 Georgia Representatives, Alphabetically by Name 4857 Georgia Representatives, Numerically by District 4865 Status of Referendum Elections for the Years 1953-1976 4874 Proclamations 4949

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Compiler's Note General Acts and Resolutions of the 1977 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 1553 of Volume One. This volume is bound separately. Local and Special Acts and Resolutions are grouped in Volume Two beginning on page 2501. Revisions and amendments of municipal charters made pursuant to the Municipal Home Rule Act of 1965 as amended and filed in the office of the Secretary of State are printed in Volume Two beginning on page 4571. These were filed in the office of the Secretary of State during 1976 and 1977. Home Rule Actions by Counties filed in the office of the Secretary of State during 1976 and 1977 are printed in Volume Two beginning on page 4549. There are no numbered pages between 1925 and 2501. The indexes are printed in each volume and cover the material in both volumes. The tabular index lists matters by broad categories; the general index is a detailed, alphabetical index by subject matter. This year for the first time a complete Table of Contents for both volumes is provided, and it appears in its entirety at the beginning of each volume.

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ACTS BY NUMBERS, PAGE REFERENCES 1 2503 2 3 3 159 4 166 5 171 6 172 7 173 8 174 9 2505 10 2508 11 175 12 176 13 2510 14 2544 15 177 16 2546 17 179 18 2585 19 2601 20 2603 21 2606 22 2610 23 2614 24 2616 25 5 26 180 27 181 28 2629 29 183 30 183 31 2630 32 2633 33 2638 34 184 35 2640 36 2643 37 2646 38 2649 39 187 40 2653 41 2655 42 188 43 189 44 2657 45 2689 46 2693 47 2694 48 2698 49 2700 50 2703 51 191 52 2705 53 2707 54 2710 55 2712 56 2714 57 2717 58 2719 59 2721 60 2724 61 2727 62 2731 63 2736 64 2741 65 2744 66 2746 67 2748 68 2751 69 2753 70 2756 71 2763 72 2767 73 192 74 196 75 199 76 2770 77 2772 78 2774 79 200 80 2777 81 2778 82 2782 83 2784 84 2786 85 201 86 223 87 225 88 226 89 226 90 228 91 230 92 232 93 2788 94 2791 95 234 96 2793 97 235 98 2796 99 2798 100 238 101 239 102 242 103 245 104 246 105 247 106 248 107 252 108 253 109 257 110 259 111 263 112 267 113 2803 114 618 115 2807 116 2809 117 2811 118 2813 119 2817 120 2837

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121 2839 122 2840 123 2842 124 2844 125 2846 126 2848 127 2851 128 2853 129 2856 130 2857 131 2860 132 2862 133 2865 134 2870 135 268 136 2873 137 2877 138 2880 139 2914 140 2916 141 2918 142 2924 143 2928 144 2930 145 2933 146 2935 147 2937 148 2940 149 2952 150 2955 151 2958 152 270 153 2961 154 2963 155 2966 156 2969 157 2972 158 277 159 2983 160 278 161 280 162 281 163 288 164 289 165 291 166 292 167 293 168 294 169 295 170 295 171 296 172 297 173 297 174 299 175 300 176 301 177 302 178 303 179 307 180 309 181 311 182 312 183 313 184 315 185 316 186 317 187 318 188 319 189 320 190 321 191 324 192 2985 193 332 194 334 195 341 196 2992 197 342 198 344 199 2994 200 345 201 3028 202 3031 203 346 204 3034 205 3065 206 3069 207 3071 208 3073 209 3075 210 3079 211 3113 212 3115 213 3120 214 3122 215 347 216 349 217 3124 218 3126 219 3128 220 3130 221 3132 222 3143 223 3147 224 3150 225 3152 226 351 227 3154 228 3156 229 3158 230 3161 231 351 232 368 233 381 234 384 235 396 236 537 237 541 238 545 239 547 240 549 241 550 242 552 243 560 244 563

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245 567 246 568 247 572 248 576 249 577 250 578 251 586 252 588 253 590 254 591 255 593 256 595 257 596 258 596 259 597 260 599 261 601 262 603 263 607 264 608 265 619 266 622 267 625 268 632 269 633 270 634 271 635 272 643 273 644 274 645 275 648 276 649 277 666 278 667 279 668 280 670 281 672 282 673 283 675 284 679 285 680 286 682 287 683 288 683 289 684 290 685 291 687 292 691 293 693 294 697 295 698 296 699 297 700 298 701 299 710 300 711 301 712 302 713 303 717 304 719 305 722 306 723 307 724 308 725 309 727 310 728 311 730 312 737 313 739 314 742 315 744 316 746 317 747 318 748 319 750 320 752 321 753 322 758 323 760 324 761 325 762 326 764 327 767 328 769 329 771 330 772 331 774 332 779 333 781 334 782 335 783 336 784 337 787 338 789 339 791 340 793 341 797 342 798 343 800 344 800 345 803 346 807 347 812 348 813 349 815 350 817 351 825 352 833 353 837 354 841 355 843 356 844 357 845 358 846 359 847 360 849 361 850 362 865 363 868 364 870 365 872 366 875 367 877 368 878

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369 879 370 880 371 884 372 886 373 887 374 889 375 890 376 892 377 895 378 896 379 897 380 898 381 902 382 903 383 3164 384 3181 385 3184 386 3186 387 3188 388 3197 389 3201 390 3203 391 3205 392 3208 393 3215 394 3218 395 3221 396 3233 397 3236 398 3242 399 3244 400 907 401 3247 402 3249 403 3252 404 3254 405 3255 406 3259 407 3262 408 3265 409 3268 410 3271 411 3274 412 3274 413 3277 414 3279 415 3282 416 3290 417 3292 418 3293 419 3298 420 3300 421 3303 422 3322 423 3328 424 3330 425 3331 426 3343 427 3344 428 3347 429 3349 430 3351 431 3353 432 3356 433 3358 434 3361 435 3364 436 3367 437 3370 438 3378 439 3381 440 3385 441 3387 442 3405 443 3440 444 3452 445 3453 446 3455 447 3458 448 3460 449 3462 450 3464 451 3466 452 3467 453 3480 454 3482 455 3510 456 3512 457 3514 458 3520 459 3523 460 3525 461 3527 462 3529 463 3533 464 3538 465 3541 466 3604 467 3606 468 3608 469 3611 470 3614 471 3649 472 3652 473 3654 474 3655 475 3658 476 3660 477 3661 478 3663 479 3665 480 3667 481 3670 482 3672 483 3674 484 3676 485 3678 486 3680 487 3683 488 3685 489 3688 490 3690 491 3692 492 3694

Page vii

493 3697 494 3699 495 3701 496 3703 497 3724 498 3744 499 3746 500 3748 501 3751 502 3752 503 3757 504 3760 505 3763 506 3766 507 3776 508 3815 509 3817 510 3820 511 3838 512 3840 513 3843 514 3846 515 3848 516 3851 517 3853 518 3855 519 3857 520 3859 521 3861 522 3863 523 3865 524 3870 525 3872 526 952 527 3875 528 3880 529 3883 530 3886 531 3888 532 3890 533 3892 534 3894 535 3899 536 3900 537 3901 538 3903 539 3905 540 3906 541 3914 542 3916 543 3919 544 3923 545 959 546 3924 547 3927 548 3932 549 3934 550 3938 551 3942 552 3944 553 3946 554 3949 555 3951 556 3959 557 3961 558 3963 559 3965 560 3967 561 3970 562 3972 563 3974 564 3980 565 4006 566 4008 567 4010 568 4013 569 4015 570 4017 571 4019 572 4020 573 4025 574 4028 575 4030 576 4033 577 4036 578 4039 579 4041 580 4043 581 4052 582 4054 583 4057 584 4068 585 4070 586 4073 587 4075 588 4078 589 4081 590 4084 591 4086 592 4088 593 4089 594 4092 595 4095 596 4097 597 4109 598 4111 599 4114 600 4116 601 4118 602 4120 603 4122 604 4124 605 4127 606 4129 607 4130 608 4132 609 4135 610 4146 611 4170 612 4173 613 961 614 972 615 975 616 984

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617 986 618 988 619 991 620 997 621 999 622 1001 623 1003 624 1008 625 1009 626 1011 627 1012 628 1014 629 1034 630 1035 631 1036 632 1037 633 1038 634 1039 635 4212 636 1040 637 1045 638 1051 639 1053 640 1063 641 1093 642 1093 643 1098 644 1108 645 1123 646 1130 647 1131 648 1133 649 1135 650 1136 651 1152 652 1154 653 1159 654 1160 655 1162 656 1164 657 1169 658 4213 659 1170 660 1171 661 4215 662 4217 663 4220 664 1175 665 1180 666 1182 667 1194 668 4238 669 4240 670 1197 671 1197 672 1198 673 1199 674 1200 675 4241 676 4243 677 1207 678 1209 679 1211 680 4254 681 4255 682 4261 683 4263 684 4264 685 4268 686 4270 687 4271 688 4272 689 4273 690 1217 691 4314 692 4316 693 4318 694 4344 695 4346 696 4350 697 4353 698 4388 699 4391 700 4445 701 4446 702 4448 703 4450 704 4463 705 4464 706 4466 707 4470 708 4472 709 4474 710 4475 711 4477 712 4480 713 4483 714 4485 715 4486 716 1221 717 1224 718 1226 719 1227 720 1229 721 1232 722 1235 723 1236 724 1237 725 1243 726 1247 727 1249 728 1253 729 1257 730 1266 731 1270 732 1279 733 1281 734 4504 735 1283 736 1285 737 1287 738 1290 739 1291 740 1293

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741 1302 742 1312 743 1314 744 4516 745 1316 746 1332 747 1333 748 4519 749 4523 750 1335 751 1506 752 1517 753 1520 RESOLUTIONS BY NUMBER 1 2799 2 237 3 912 4 3516 5 913 6 917 7 919 8 920 9 922 10 923 11 926 12 930 13 931 14 3519 15 933 16 936 17 938 18 939 19 948 20 950 21 1554 22 4527 23 1523 24 1526 25 4528 26 1528 27 1531 28 1534 29 1536 30 4530 31 1537 32 1539 33 1541 34 1544 35 1545 36 4532 37 4535 38 4538 39 4539 40 4540 41 4541 42 4542 43 4543 44 4544 45 4544 46 4545 47 4546 49 4547 50 1556 51 1557 52 1558 53 1562 54 1564 55 1565 56 1567 57 1569 58 1572 59 1574 60 1578 61 1581 62 1582 63 1583 64 1585 65 1587 66 1589 67 1591 68 1594 69 1596 70 1598 71 1600 72 1602 74 1606 73 1604 75 1608 76 1609 77 1610 78 1612 79 1614 80 1616 81 1617 82 1618 83 1620 84 1621 85 4548

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES 1 Veto #1 4 613 11 26 12 340 13 625 14 753 17 27 18 85 19 341 23 626 25 614 26 160 27 342 29 343 31 627 32 344 35 24 37 86 38 87 42 161 45 Veto #10 46 345 52 346 53 628 55 88 65 347 68 383 69 348 81 349 87 727 89 28 90 29 92 89 97 350 99 162 100 724 101 351 103 352 104 353 106 30 109 354 111 384 120 385 126 355 127 356 134 636 135 90 138 728 145 729 151 386 152 357 153 629 158 91 159 735 163 92 164 31 165 358 166 359 168 630 169 32 171 93 172 33 174 631 176 94 177 95 178 387 179 100 195 360 196 34 197 632 198 633 199 634 200 163 201 96 202 361 213 615 214 616 215 617 216 618 222 97 223 98 225 35 226 36 227 37 241 362 242 736 244 363 245 364 246 637 249 365 254 725 256 366 257 733 269 367 271 368 272 236 273 369 275 99 277 370 278 371 279 638 280 372 281 273 282 274 283 635 292 388 293 101 294 389 295 730 297 375 298 726 302 390 303 731 305 734 306 391 307 392

Page xi

309 376 310 377 312 378 315 379 316 393 323 380 325 381 328 394 331 382 332 395 336 396 341 397 343 398 361 399 362 400 363 401 364 402 366 403 370 404 7 12 13 50 14 51 20 35 27 13 32 52 37 1 42 53 59 14 65 54 77 55 83 15 92 16 97 36 99 17 104 37 111 18 123 19 129 20 1 2 2 164 4 6 5 165 6 166 7 167 8 168 9 169 10 170 11 171 12 172 13 173 15 174 16 175 18 176 19 3 23 231 24 7 26 8 27 639 28 9 29 38 30 10 31 177 32 237 33 11 34 178 37 179 39 238 42 39 44 640 47 1 48 102 54 12 55 103 56 40 57 641 58 239 59 180 62 13 63 14 64 181 67 182 72 15 75 104 77 240 78 Veto #2 80 16 81 17 82 18 83 105 85 642 86 241 91 242 94 25 95 719 98 19 99 20 114 4 127 405 128 643 130 74 131 644 136 21 143 75 144 243 145 244 146 406 147 407 148 408 149 409 150 410 151 245 152 246 156 247 157 248 159 41 166 249 168 250

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173 251 174 252 175 619 177 253 178 411 179 750 180 42 183 Veto #11 185 43 189 183 201 106 202 107 203 254 205 255 206 256 207 257 208 258 209 259 210 108 211 Veto # 4 212 109 215 260 220 718 221 158 225 261 227 110 228 262 233 645 238 646 243 263 244 720 248 647 250 184 251 185 252 186 255 648 257 721 259 264 260 649 261 265 263 266 268 267 269 737 271 44 272 650 274 187 275 188 276 189 278 412 282 268 285 269 289 270 291 651 293 232 294 751 295 Veto # 12 296 45 297 271 300 652 303 190 306 738 310 653 311 752 315 413 317 275 320 276 321 191 322 732 323 272 324 Veto # 15 328 273 331 739 332 274 336 76 337 77 339 277 348 46 349 111 350 112 351 47 356 740 359 278 360 279 366 654 375 280 380 655 383 281 399 192 403 282 406 283 408 48 410 656 421 657 431 5 434 49 438 78 440 113 442 284 443 658 446 659 448 50 450 193 451 194 455 51 456 52 457 722 459 53 460 54 461 55 462 56 464 285 465 22 467 57 469 286 474 414 475 415 477 58 481 195 482 23 483 59 484 60 485 61 486 287 487 288

Page xiii

488 289 493 114 494 62 498 660 499 233 501 741 502 234 503 290 505 416 509 291 513 292 525 63 526 293 533 662 535 294 538 661 539 64 541 295 542 716 547 417 552 Veto #13 555 115 556 196 557 116 559 296 560 65 561 117 563 66 565 297 566 298 568 118 569 67 570 68 571 79 572 197 573 663 576 299 577 69 582 418 583 73 586 300 589 419 590 664 594 301 596 665 597 302 598 303 604 198 605 620 606 621 607 622 609 80 610 119 612 120 613 121 614 122 615 123 616 124 617 125 618 126 619 304 620 305 621 70 622 71 626 666 628 306 629 742 630 307 631 308 633 667 635 127 636 130 637 128 638 129 640 420 643 743 650 668 651 669 652 131 653 670 654 717 656 Veto #5 657 671 658 672 659 199 664 Veto #6 666 132 667 133 668 421 669 309 670 134 671 135 672 310 673 136 674 422 675 137 676 744 677 138 678 311 680 72 685 139 686 140 687 200 688 201 689 202 690 141 691 142 692 312 693 673 697 674 699 675 700 143 701 144 702 313 704 203 711 204 712 423 713 145 714 146 717 147 718 148 720 149 721 150 724 314

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725 315 726 424 728 676 733 425 734 205 735 151 736 426 739 206 740 316 746 745 747 746 749 207 751 317 753 427 754 152 756 747 757 Veto #14 759 318 760 319 765 428 766 208 767 320 768 429 769 321 770 322 771 323 772 430 774 431 775 209 776 723 777 432 778 433 779 434 780 435 781 436 782 210 783 153 784 154 786 324 789 437 790 325 792 235 796 81 797 438 798 82 799 83 800 211 801 84 807 677 808 678 810 157 812 326 813 327 815 155 816 439 818 212 820 440 823 328 825 441 826 329 827 330 828 442 829 156 830 213 834 443 835 214 837 331 838 216 839 444 840 445 841 446 842 217 843 218 844 219 847 220 848 678 850 215 853 221 854 222 855 223 856 224 857 225 859 226 861 227 862 228 864 229 865 230 868 447 869 448 870 449 871 450 872 451 877 680 878 332 879 681 882 452 883 333 884 453 885 454 886 455 887 456 888 457 889 458 890 459 893 682 895 460 896 461 897 462 898 463 900 464 901 465 904 Veto #7 905 623 907 683 908 466 911 684 915 685 916 467 918 468 919 469 922 470 923 471 932 472 933 473

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934 686 935 687 939 474 943 475 944 476 945 477 946 478 947 479 948 480 949 481 950 Veto #8 951 482 952 483 953 484 954 485 955 486 956 487 957 488 958 688 959 489 961 490 965 491 967 492 968 689 971 334 972 690 973 335 974 493 976 336 977 494 978 495 979 496 980 497 981 498 982 499 983 500 984 501 985 502 987 691 989 503 990 504 991 748 992 505 994 506 995 507 996 508 998 509 999 337 1001 510 1003 511 1004 692 1005 693 1006 512 1007 513 1008 514 1009 515 1010 516 1011 517 1013 694 1015 695 1016 518 1017 519 1018 520 1019 521 1020 696 1022 522 1023 523 1024 524 1025 525 1027 526 1029 527 1030 528 1032 529 1033 530 1034 531 1035 532 1036 533 1037 534 1038 697 1039 535 1040 536 1041 537 1042 538 1043 539 1044 540 1045 338 1047 339 1052 541 1056 542 1057 698 1058 699 1059 543 1060 544 1061 624 1066 700 1067 545 1068 546 1071 547 1074 701 1078 548 1079 159 1086 549 1088 550 1090 551 1091 552 1092 553 1093 554 1094 702 1096 Veto #9 1098 703 1099 749 1100 704 1102 555 1104 556 1105 557 1106 558 1107 559 1108 560 1109 561 1110 562 1111 705 1112 563 1117 564 1120 565

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1121 566 1123 567 1125 568 1126 706 1127 707 1128 569 1130 570 1131 571 1132 572 1133 573 1134 574 1136 575 1137 576 1141 577 1142 708 1146 578 1147 579 1151 580 1153 581 1154 582 1155 583 1156 584 1157 585 1158 586 1159 587 1160 588 1161 589 1164 590 1165 591 1166 709 1167 710 1168 592 1169 593 1171 594 1172 711 1173 712 1174 595 1175 596 1176 597 1177 598 1183 713 1184 599 1185 600 1186 601 1189 602 1191 603 1193 604 1194 605 1195 606 1197 714 1198 607 1200 608 1202 715 1203 609 1204 610 1206 611 1207 612 8-58 56 10-58 57 12-58 38 13-58 22 18-60 39 31-153 40 35-158 2 41-200 3 51-242 58 52-242 41 57-260 59 84-370 42 87-398 60 92-409 43 93-409 44 96-458 23 113-477 4 114-477 5 115-513 24 116-513 6 118-513 7 119-513 45 121-513 8 123-545 61 124-545 25 132-570 46 133-570 62 135-588 26 137-609 21 138-609 63 157-654 27 164-686 64 172-698 65 173-700 66 174-700 67 178-714 68 179-714 69 180-714 70 181-714 71 182-714 72 184-714 73 187-714 47 188-714 Veto #3 191-727 28 194-774 48 196-774 49 208-823 29 215-836 85 217-838 9 231-872 30 257-958 31 258-964 74 259-964 10 267-978 32 268-984 75 269-984 76 270-984 77 274-1031 78 276-1053 33 296-1106 79 306-1108 34 309-1113 11 313-1143 80 314-1143 81 315-1143 82 316-1143 83 319-1147 84

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1977 GWINNETT COUNTYSPECIAL INVESTIGATOR FOR THE SOLICITOR OF THE STATE COURT OF GWINNETT COUNTY ABOLISHED. No. 1 (House Bill No. 47). An Act to amend an Act establishing the State Court of Gwinnett County, approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2446), so as to abolish the position of special investigator for the solicitor of the State Court of Gwinnett County; 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, particularly by an Act approved March 29, 1973

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(Ga. L. 1973, p. 2446), is hereby amended by repealing section 15A as enacted by said amendatory Act approved March 29, 1973 (Ga. L. 1973, p. 2446), which reads as follows: Section 15A. The solicitor of said court is hereby authorized to appoint a special investigator to serve at his pleasure. The special investigator shall perform such duties as may be assigned by the solicitor. Said special investigator shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Gwinnett County., 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 1977 session of the General Assembly of Georgia a bill 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 abolish the position of special investigator for the solicitor of the State Court of Gwinnett County; and for other purposes. This 15th day of December, 1976. /s/ Vinson Wall Representative, 61st District 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 Lawrenceville Home Weekly which is the official organ

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of Gwinnett County, on the following dates: December 15, 22, 29, 1976. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 10th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved January 18, 1977. EARLY COUNTYSHERIFF'S OFFICE PERSONNEL SALARY CHANGES, ETC. No. 9 (House Bill No. 28). An Act to amend an Act placing the sheriff of Early County upon an annual salary, approved February 16, 1966 (Ga. L. 1966, p. 2029), as amended, so as to provide that the annual salary of the sheriff of Early County shall be fixed by the governing authority of Early County; to provide that the governing authority of Early County shall supply such motor vehicles to the sheriff's office as they shall deem advisable; to provide that the compensation of the employees of the sheriff's office and his deputies shall be determined within budgetary limits which shall be fixed annually by the governing authority of Early 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 Early County upon an annual salary, approved February 16, 1966 (Ga. L.

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1966, p. 2029), as amended, is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The annual salary of the sheriff of Early County shall be fixed and determined by the governing authority of Early County. Such salary shall not be less than that minimum salary prescribed by the general laws of this State for said officer. Section 2. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. Provided, however, that the aggregate sum of all such personnel's compensation shall not exceed a figure to be fixed annually by the governing authority of Early County within such budgetary limits as the governing authority shall annually determine. 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. The compensation to be received by each employee of the sheriff's office, other than the sheriff's compensation, shall be fixed and determined by the sheriff within the above budgetary constraints provided for herein. Personnel. Section 3. Said Act is further amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows: Section 5. The expenses of operating the county jail shall be met from the funds of Early County, including the method and manner of feeding prisoners confined therein. All expenses connected with the operation of the sheriff's office and the county jail, including out of county travel expenses

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and the purchase, operation and maintenance of all motor vehicles, shall be provided for by Early County as is provided for in section 7 of this Act. Jail expenses. Section 4. This Act shall become effective upon the first day of the month in which it is approved by the Governor or in which it becomes law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that pursuant to a resolution adopted by the Early County board of commissioners in regular meeting, there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide that the annual salary of the sheriff of Early County shall be fixed by the governing authority of Early County; to provide that the governing authority of Early County shall supply such motor vehicles to the sheriff's office as they shall deem advisable; to provide that the compensation of the employees of the sheriff's office and his deputies shall be determined within budgetary limits which shall be fixed annually by the governing authority of Early County; and for other purposes. This 6th day of December, 1976. /s/ Mobley Howell Representative, 140th District /s/ J. H. Timmons Senator, 11th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mobley Howell who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of

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Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 10th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 11, 1977. SUPERIOR COURT OF MILLER COUNTYCLERK'S COMPENSATION TO BE ANNUAL SALARY RATHER THAN FEES. No. 10 (House Bill No. 30). An Act to amend an Act placing the Clerk of the Superior Court of Miller County on an annual salary in lieu of the fee system of compensation, approved February 27, 1975 (Ga. L. 1975, p. 2545), so as to change the compensation of the clerk for his services as Clerk of the State Court of Miller County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Miller County on an annual salary in lieu of the fee system of compensation, approved February 27, 1975 (Ga. L. 1975, p. 2545), is hereby amended by striking from section 2 the following:

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$100, and inserting in lieu thereof the following: $200, so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the Superior Court shall receive an annual salary of $9,000, plus the additional sum of $200 per month, as compensation for his services as Clerk of the State Court of Miller County, payable in equal monthly installments from the funds of Miller County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the regular 1977 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 Clerk of the State Court of Miller County, Georgia, and for other purposes. This 3rd day of December, 1976. /s/ J. H. Timmons Senator, 11th District /s/ Mobley Howell Representative, 140th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mobley Howell who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of Miller County, on the following dates: December 9, 16, 23, 1976. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 5th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 11, 1977. CITY OF SMITHVILLENEW CHARTER. No. 13 (House Bill No. 62). An Act to provide a new charter for the City of Smithville in the County of Lee; to provide for the incorporation and powers of said City; to provide for the governing body of said City; to provide for the executive branch; to provide for the judicial branch; to provide for elections; to provide for the financial and fiscal affairs of said City; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for other matters relative to the foregoing; to provide for penalties; to repeal a specific Act; to provide for severability; to provide

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effective dates; 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 1.10 Incorporation. This Act shall constitute the whole Charter of the City of Smithville, repealing and replacing the charter provided by an Act of the General Assembly, approved December 11, 1901 (Ga. L. 1901, p. 633), as amended. The City of Smithville, Georgia, in the County of Lee and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Smithville, 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 Smithville 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 corporate boundaries of the City of Smithville as set forth in the Act approved December 11, 1901 (Ga. L. 1901, p. 633), as amended, is hereby incorporated into and made a part of this charter, notwithstanding the repeal of said 1901 Act, as amended, by Section 7.16. The current boundaries of the City of Smithville, 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 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

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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. (a) In conformity with and subject to the requirements of the general laws of this State, the corporate powers of the government of the City of Smithville, 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 carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

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(7) To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority under section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, 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 thirty-five (35) 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 playgrounds, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport,

Page 2514

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; (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,

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fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads and 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 or 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 within 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 tax as necessary to insure

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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 charge 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 county work camp or jail by agreement with the appropriate county officials; (33) To adopt ordinances and regulations for the prevention

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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 Smithville 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 ordinance enacted hereunder; (35) To regulate the operation of motor vehicles; and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) To provide and maintain a system of pensions and retirement for officers and employees of the city; (38) To levy and to provide for the collection of special assessments to cover the costs of any public improvements; (39) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor;

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(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; (b) In addition to the specific powers enumerated in subsection (a) above, the governing authority of the City of Smithville is hereby authorized 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 Constitution and 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

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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 Smithville 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 Smithville 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 City of Smithville, 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.

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Section 2.11. Terms and Qualifications of Office. The mayor and the councilmen shall serve for terms of four (4) years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless: (a) he has been a resident of the City of Smithville for a period of one (1) year immediately prior to the date of the election of mayor or councilmen; (b) he continues to reside within the City of Smithville during his period of service; (c) he is registered and qualified to vote in municipal elections of the City of Smithville; and (d) he meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter.

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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. Section 2.14. Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective city office or elective city employment during the term for which he was elected. (b) Neither the mayor nor any councilman shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of 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 Smithville 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 Smithville and may enforce such ordinance by imposing penalties for violation thereof. (c) The council may be ordinance change, create, alter, abolish or consolidate offices, agencies and departments of

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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 Smithville. 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. Section 2.21. Duties of Mayor. As the chief executive officer of the City of Smithville, 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) 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 of this charter;

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(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) suspend any appointed city employee or officer for 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; and (l) 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 Wednesday 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 Smithville 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 (1) 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 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, 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. Four (4) 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 (4) 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

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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 Smithville hereby ordains.... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. Section 2.35. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances 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 four (4) 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 2.36. 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

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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. Section 2.37. Signing, Authenticating, Recording, Codification, Printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council may 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 Smithville, 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 Smithville 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

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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. 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.

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(b) No member of any board, commission or authority shall hold any elective office in the city. (c) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable State law. (d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance 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 (4) 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 the city government shall elect one of its members as chairman and one of its members as vice-chairman for terms of one (1) 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 by-laws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.20. City Manager. The council may appoint a

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city manager. The duties and authority of the city manager shall be established by ordinance and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.30. City Attorney. The council shall appoint a city attorney together with such assistant city attorneys as may be authorized by ordinance and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the 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 duites 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 Smithville and to any of its agencies and cities. 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: (a) the method of employee selection and probationary periods of employment; (b) 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; (c) 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 (d) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Smithville. ARTICLE IV JUDICIAL BRANCH Section 4.10. Recorder's Court; Creation. There is hereby established a court to be known as the Recorder's Court of the City of Smithville 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

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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 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 twenty-one (21) years and 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 Smithville and for violations 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 thirty dollars ($30) or five (5) days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of three hundred dollars ($300) or imprisonment for thirty (30) days, or both, and as an alternative to fine or imprisonment may sentence any

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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 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, 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 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 shall be 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 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 Smithville or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may

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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 Smithville 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 Lee 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 (10) days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may adopt in whole or in part the rules and regulations relative to the procedures for 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 fortyeight (48) hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections. (a) The regular municipal elections for the City of Smithville shall be held on the Wednesday preceding the first Saturday in December in each even-numbered year, except for the initial election

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under this charter provided for by subsection (b) of this section. (b) On the Wednesday preceding the first Saturday in December in 1977, the initial election under this charter shall be held, and at said election three councilmen shall be elected for initial terms of three years and until their successors are elected and qualified. The three councilmen elected at said election shall be the successors to the three councilmen elected under the former charter of the City of Smithville whose regular terms of office are then expiring. The successors to said three councilmen elected at said 1977 election shall be elected at the regular municipal election of 1980 for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the regular municipal election immediately preceding the expiration of the terms of office for terms of four years and until their successors are elected and qualified. (c) For the period beginning when the three councilmen elected under subsection (b) of this section take office and ending when the mayor and councilmen elected under subsection (d) of this section take office, the governing body of the City of Smithville shall consist of the three councilmen elected under said subsection (b) and the mayor and three councilmen elected under the former charter of the City of Smithville whose regular terms of office expire at the time the first mayor and three councilmen elected under subsection (d) of this section take office. Thereafter, the governing body of the City of Smithville shall consist of a mayor and six councilmen elected as provided by this charter. (d) At the regular municipal election held in 1978, the mayor and three councilmen shall be elected for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the regular municipal election immediately preceding the expiration of the terms of office for terms of four years and until their successors are elected and qualified.

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(e) The terms of office of the mayor and councilmen elected under this charter shall begin at the date and hour of the oath of office as provided in Article II, section 2.30 of this charter. Section 5.11. Qualifying, Voting 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 the elections in the City of Smithville. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials for the City of Smithville 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. Laws 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, 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 34A of the Code of Georgia of 1933 as now or hereafter amended. Section 5.30. Grounds for Removal of 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;

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(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 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 (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 Lee 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 Lee 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 Smithville. 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

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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 principal and interest on general obligations. The City of Smithville 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 or specific or occupation taxes upon the residents of Smithville, 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;

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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 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

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and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates. They shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten (10) percent and shall thereafter be subject to interest at the rate of seven (7) 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. Laws 1937, p. 761), as now or hereafter

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amended or by any other Georgia law as now or hereafter provided. Section 6.22. Short Term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.30. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting 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 Smithville. (b) The council may sell and convey any real or personal property owned or held by the City of Smithville for governmental or other purposes at a public or private sale, with or

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without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending or widening any street, avenue, alley or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Smithville 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 Smithville 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

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departments or agencies of the City of Smithville not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Section Captions, Appendices. The captions to the several sections and the appendices of this charter are informative only and are not to be considered as a part thereof. Section 7.13. 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 three hundred dollars ($300) or by imprisonment not to exceed thirty (30) days or both such fine and imprisonment. Section 7.14. Specific Repealer. An Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Smithville; to confer certain powers upon the mayor and city council of Smithville; to fix corporate limits of said City, and for other purposes., approved December 11, 1901 (Ga. L. 1901, p. 633), as amended by an Act approved August 12, 1914 (Ga. L. 1914, p. 1182), by an Act approved August 18, 1919 (Ga. L. 1919, p. 1314), by an Act approved March 3, 1964 (Ga. L. 1964, p. 2229), by an Act approved March 24, 1965 (Ga. L. 1965, p. 2573), by an Act approved April 4, 1967 (Ga. L. 1967, p. 2442), and by an Act approved February 14, 1969 (Ga. L. 1969, p. 2024), is hereby repealed in its entirety effective at the time specified in section 7.16. 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 of 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 Dates. Only for the purpose of holding the elections provided for by subsection (b) of section 5.10, this Act shall be effective upon its approval by the Governor or upon its otherwise becoming law. For all other purposes, this Act shall become effective when the councilmen elected under subsection (b) of section 5.10 take the oath of office. Section 7.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1977 regular session of the General Assembly of Georgia, a bill to provide a new charter for the City of Smithville, Georgia. To provide for all matters relative thereto and for other purposes. /s/ R. S. Hutchinson Representative, 133rd District 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 Albany Herald which is the official organ of Lee County, on the following dates: December 17, 24, 31, 1976. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 10th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 11, 1977.

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CITY OF LEESBURGCHARTER AMENDED. No. 14 (House Bill No. 63). An Act to amend an Act creating a new charter for the City of Leesburg, Georgia, approved April 17, 1973 (Ga. L. 1973, p. 2851), so as to expand the corporate limits of said City; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Leesburg, Georgia, approved April 17, 1973 (Ga. L. 1973, p. 2851), is hereby amended by adding at the end of section 1.12 a new subsection (c) to read as follows: (c) In addition to the territory heretofore included within the corporate boundaries of the City of Leesburg, said corporate boundaries shall include the following described territory: All that tract or parcel of land lying and being situate in Land Lot Nos. 78 and 50, Second Land District, Lee County, Georgia, more fully described as starting at a point at the present Center Mark of the City of Leesburg, Lee County, Georgia, and go North 86 degrees 13 minutes East a distance of 2059.49 feet to a point; thence North 02 degrees 05 minutes West a distance of 3337.04 feet to a point; thence North 87 degrees 50 minutes East a distance 2424.27 feet to a point; thence South 03 degrees 31 minutes East a distance of 1442.06 feet to a point; thence South 87 degrees 48 minutes West a distance of 1077.05 feet to a point and present City Limits of Leesburg, Georgia. Also all that tract or parcel of land lying and being situate in Land Lot Nos. 46 and 47, 2nd District, Lee County, Georgia and more fully described as starting at a point at the present Center Mark of the City of Leesburg and go North 86 degrees 13 minutes East a distance of 2059.49 feet to a point; thence North 02 degrees 05 minutes West a distance of 3337.04 feet to a starting point; thence North 02 degrees 31 minutes West a distance of 137.07 feet to a point; thence North 10 degrees 34 minutes East a distance of 1630.55

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feet; thence South 56 degrees 08 minutes East a distance of 439.40 feet to a point; thence North 33 degrees 35 minutes East a distance of 1224.72 feet to a point; thence North 55 degrees 51 minutes West a distance of 935.84 feet to a point; thence South 34 degrees 09 minutes West a distance of 3162.62 feet to a point on the present City Limits of Leesburg, Georgia. The above described property being the same property as that described in a Plat of Survey, entitled `Proposed City Limits for Leesburg, Georgia, Lee County, Georgia.', recorded in the office of the Clerk of Superior Court, Lee County, Georgia, in the Land Plat Books of Lee County, Georgia, to which leave of reference may be had as often as is necessary, and made a part of this description. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Leesburg, approved April 17, 1973 (Ga. Laws 1972, p. 2551), so as to change the corporate limits of said City; and for other purposes. This 3rd day of December, 1976. /s/ R. S. Hutchinson Representative, 133rd District 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 Lee County, on the following dates: December 10, 17 24, 1976. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 5th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 11, 1977. CITY OF NORCROSSNEW CHARTER. No. 16 (House Bill No. 80). An Act to provide a new Charter for the City of Norcross, Georgia, in the county of Gwinnett; 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 Norcross to be exercised by the governing authority; to provide for the powers, duties and authority of the city and its officers, officials and employees and the citizens of the city; to provide for general and specific powers; to provide for construction of this charter and the powers of the city; to provide for the exercise of powers, functions, rights, privileges and immunities; to provide for ordinances, by-laws, rules and regulations; to provide for a city council and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications, and vacancies in the office of councilmen; to provide for a mayor and his term of office, election or appointment, duties, powers, authority, compensation, qualifications, and vacancies; to provide for prohibitions on

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holding certain offices or positions of employment, voting, and dealing with the city; to provide for inquiries and investingations; to provide for the general power and authority of the council; to provide for the organization and procedures of the mayor and council; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoption; to provide for emergency ordinances; to provide for codes of technical regulations; to provide for submission of ordinances to the mayor and his power thereto; to provide for the 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 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

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for property tax levies; to provide for appropriations; to provide for contracting procedures and purchasing and disposal of city property; to provide for municipal services and regulatory functions; to provide for official bonds; to provide for existing ordinances and regulations; to provide for section captions; to provide for penalties; to provide for a code of ethics; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Norcross, approved October 26, 1870 (Ga. Laws 1870, page 212), as amended, 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: NORCROSS CHARTER ARTICLE I CREATION, INCORPORATION, POWERS Section 1.11. Incorporation: The City of Norcross, Georgia, in the County of Gwinnett, and the inhabitants thereof, shall continue to be a body politic and corporate under the same name and style of the City of Norcross, Georgia. Under that name, said city shall continue to be invested with all the property which now belongs to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.12. Corporate Boundaries: (a) The boundaries of the City of Norcross 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

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provided by law. The current boundaries of the City of Norcross, 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 Norcross, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the mayor. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.13. Specific Powers: The corporate powers of the government of the City of Norcross, to be exercised by the governing authority, may include the following: (1) To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and 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 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

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debts of the city, and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter, or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority, under section 36-202 of the Georgia Code or under oath applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, electric light plants, transportation facilities, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the public service commission; (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;

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(11) To grant franchises and rights of way throughout the streets and roads, and over the bridges, for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers drains, sewerage treatment, hospitals and charitable, cultural, educational, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Georgia Code, or other applicable Public Acts, as are or may be enacted; (13) To require real estate owners to repair and maintain a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building and building trades; to license all building trades and to license the construction and erection of buildings and all other structures; (15) To provide for the prevention and punishment of drunkenness, riots and public disturbances; (16) To regulate or prohibit junk dealers; pawn shops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers and

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itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (18) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (21) To fix and establish fire limits and from time to time extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) To provide for the destruction and removal of any building or other structure which may become dangerous or detrimental to the public; (23) To provide for the collection, method of collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and recyclable materials and to provide for the sale of such items; (24) To levy, fix, asses and collect 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

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charges, taxes, fees and to provide for the manner and method of collecting such service charges; (25) To levy a fee, charge, or sewer assessment as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewerage disposal plant and sewerage system and to levy users of sewers and the sewerage system a sewer service assessment or sewer fee for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (26) To charge, impose and collect a sewer connection fee or fees and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (27) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city and to provide for the enforcement of such standards; (28) To define a nuisance and provide for its abatement whether on public or private property; (29) To provide for the preservation and protection of property and equipment of the city and administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (30) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing, for the health, sanitation, cleanliness, welfare and safety of inhabitants of the city and to provide for the enforcement of such standards; (31) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains and squares in the

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city; or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (32) To adopt ordinances and regulations for the prevention of disorderly conduct and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities with the city, which, while not constituting an offense against the laws of this State, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (33) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance enacted hereunder; (34) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (35) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance of such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (36) To provide and maintain a system of pensions and retirement for officers and employees of the city; (37) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor;

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(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 or delegated to same; (40) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city; (41) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (42) To exercise the power of arrest through duly appointed policemen; (43) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (44) To exercise and enjoy all other powers, functions, rights, provileges 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

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under the Constitution or applicable laws of the State of Georgia. Section 1.14. General Powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.15. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.16. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. Section 1.17. Ordinances. All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the governing authority. 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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Norcross, Georgia, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and 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 not less than one year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service, and shall be registered and qualified to vote in municipal elections of the City of Norcross, Georgia, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. 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 law of the State of Georgia. (b) Forfeiture of OfficeThe mayor or any councilman shall forfeit his office if he; (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia. (2) willfully and knowingly violates any express prohibition of this charter; (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.

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Section 2.13. Compensation and Expenses. The mayor and councilmen shall receive as compensation for their services an amount prescribed by ordinance passed by the council in conformity with the laws of the State of Georgia. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Prohibitions. (a) Holding Other OfficeExcept as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected. (b) Voting When Personally InterestedNeither the mayor nor any other member of the council shall vote upon any question in which he is personally interested. The mayor and councilmen shall abide by the Code of Ethics and Prohibited Practices incorporated in this charter as Appendix A. Section 2.15. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Council. (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 Norcross, Georgia, as provided by Article I. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being

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of the inhabitants of the City of Norcross, Georgia, 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 2.17. Powers and Duties Of Mayor. The mayor shall be the chief executive official of the city and chief advocate of policy. He shall preside at meetings of the council, shall sign ordinances and resolutions except as otherwise provided by this charter, shall sign deeds, bonds, contracts, and other instruments or documents when authorized by the council to do so. The mayor shall vote only in case of a tie. The mayor shall perform such other duties as may be imposed by this charter or by ordinance not inconsistent therewith. Section 2.18. Organization Of Council. The new council members shall be sworn in by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affairm) that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City of Norcross, Georgia, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Following the induction of members, the council by majority vote of the members thereof shall elect one of their members to be mayor pro tem, who shall serve for a term of one year and until his successor is elected and qualified. Section 2.19. Regular and Special Meetings. (a) The council shall hold regular meetings at such places and times as prescribed by ordinance. The council may recess any

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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 with the consent of at least two members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences at least six hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. (c) All meetings of the council shall be public. Section 2.20. 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 of a public record. Section 2.21. Quorum: Voting. The mayor (or mayor pro tem when presiding) and three councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by hand vote and the votes shall be recorded in the journal. When a quorum is present, the affirmative vote of a majority of those present shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.22. 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 Norcross, Georgia, hereby ordains.... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the Council in accordance

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with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilman and shall file a reasonable number of copies in the office of the clerk and at such other places as the council may designate. Section 2.23. * * Editorial Note There are (2) two (Section 2.23.) They appear in this manner in the enrolled Act. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew or extend a franchise; regulate the rate changes by any public utility for its services; or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall plainly be designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.23. * Codes Of Technical Regulations. (a) The council may adopt any standard code of technical regulations by reference thereto in any adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of section 2.22 (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 2.24. (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.

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Section 2.24. 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 of recording all ordinances adopted by the council. Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this charter, any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Norcross, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the council. (c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinance and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the council. Following publication of the first Code of the City of Norcross, Georgia, and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. 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

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and agencies of the city, as they may deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees and positions as may be provided by this charter or by ordinance and shall be subject to the direct supervision and guidance and to the general supervision and guidance of the mayor and council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.11. Boards, Commissions, and Authorities. (a) All members of boards, commissions and authorities of the city shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law. (b) No voting member of any board, commission, or authority shall hold any elective office in the city. (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

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the 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 offices, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, and authorities shall be prescribed by ordinance. (h) Except as otherwise provided by this charter or by applicable State law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice chairman for terms of one year and may elect as its secretary an employee of the city. Each board, commission, or authority of the city government may establish (after approval by the mayor and city councilmen) such by-laws, rules and regulations, not inconsistent with this charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12. City Clerk. The city council shall appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by ordinances. Section 3.13. Tax Collector. The city council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city, subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

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Section 3.14. City Attorney. The city council may appoint a city attorney, together with such assistant city attorneys, as may be authorized by ordinance. The council shall provide for the payment of such attorney or attorneys for services rendered to the city as directed by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the mayor, 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 3.15. City Accountant. The city council may appoint a city accountant to perform the duties of an accountant. Section 3.16. Consolidation Of Functions. The city council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any or more of such positions to the holder or holders of any other positions. Section 3.17. Position Classification and Pay Plans. The city council shall be responsible for the preparation of a position classification and pay plan. Said plans may apply to all employees of the City of Norcross, Georgia, and of any of its agencies and offices. When a pay plan has been adopted the council shall not increase or decrease the grade or step categories of individual employees except by amendment of said plan. Section 3.18. Personnel Policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employees selection and probationary periods of employment; and (2) the administration of position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave and other leaves of absence, overtime

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pay and the order and manner in which layoffs shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city. 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 Norcross, 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 Norcross, 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 the judge pro tempore become disqualified, then any member of the council or the mayor may be designated to preside with the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The

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judge pro temore 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 for crimes against the City of Norcross 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 of 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 or other public works for a period not exceeding 180 days. (b) The municipal court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those 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 forteited 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

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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 to the judge to the City of Norcross, 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 Norcross granted by State laws generally to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisance. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs of appeal to the Superior Court of Gwinnett County, Georgia, 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 of Court. With the approval of the council rules may be adopted in part or in toto relative to the procedure of the operation of the superior court under the 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.

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ARTICLE V ELECTIONS REPRESENTATIONSGENERAL PROVISIONS Section 5.10. Regular Elections; Time For Holding. The council shall cause an election to be held at the City Hall or such other place in the City as the council shall direct and designate, on the first Saturday in December of each year. The election and prior notice thereof shall in all respect be held in compliance with the general laws of Georgia in effect at the time of such elections relating to municipal elections. On the first Saturday of December of odd-numbered years three councilmen shall be elected. On the first Saturday of even-numbered years two councilmen and the mayor shall be elected. Each elected officer shall serve for a term of two years, the term beginning the day and hour of taking the oath of office as provided in Article II, Section 2.18, of this charter. 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. CONDUCT OF ELECTIONS. Section 5.20. The mayor and councilmen shall be elected by a majority vote of the votes cast for each position. The procedures and requirements for election of all elected officials of the city shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. Laws 1968, Page 885), as now or hereafter amended. Section 5.21. Special Elections; Vacancies. In the event that the office of the 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

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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 34-A of the Code of Georgia of 1933, as now or hereafter amended. REMOVAL OF ELECTIVE OFFICERS. Section 5.22 Ground 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 5.23. Procedure For Removal. Removal of an elected official from office may be accomplished by three-fifths of the vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than 10 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right to appeal from the decision of the council to the Superior Court of Gwinnett County, as provided by law. ARTICLE VI. FINANCE AND FISCAL Section 6.10. Property Taxes. All property subject to the taxation for State and county purposes, assessed as of January 1 in each year, shall be subject to the property tax

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levied by the City of Norcross. The city will use the county assessment for the year in which the city taxes are to be levied and the county is to furnish appropriate information for such purpose unless otherwise directed by State law. The maximum general operation millage rate will be 15 mills. 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 as permitted by State law for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services and for any other public purposes as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Norcross is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104. Section 6.12. Tax Due Dates And Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection Of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. The council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not exceeding the maximum rate of interest allowable under the laws of Georgia. 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.

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In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city. Section 6.14. Licenses, Occupational Taxes, Excise Taxes. The council by ordinance shall have full power to levy such license and specific or occupational taxes upon the residents of the city, both individual and corporate, and on all those who transact or offer to transact business therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer Service Charges. The council by ordinance shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the city, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewage facilties 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 shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16. Sanitary And Health Service Charges. The council shall have authority by ordinance to provide for, to enforce, to levy and collect the costs 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 benefiting from such services. Such authority

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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, or improving any public way, street, sidewalk, curbing, gutters, sewers, water systems, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of 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 procedure and under the same remedies as provided for in this Article for city property taxes. Section 6.18. Transfer Of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax, or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law, regarding sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas.,

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as said requirements now exist or 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 issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue Bonds. Revenue bonds may be issued by the city council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, page 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 shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting each year and every office, department, institution, agency and activity of the city government, unless otherwise provided by State or federal law. Section 6.23. Preparation Of The Budget. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget including requirements as to the scope, content, and form of such budget. Section 6.24. Submission Of The Budget To The City Council. On, or before a date fixed by the council, the mayor shall submit to the council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget,

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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 budget, 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 6.25. Action By Council On Budget. (a) The council may amend the 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 year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final budget for the ensuing year not later than the last day of the old year. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current year shall be deemed adopted for the ensuing year on a month-to-month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing 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 organization unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable unless authorized by the council. (d) The council shall be authorized to establish a tax millage rate each year after the submission of the budget to the council to ensure that the necessary revenue will be available to meet the appropriations provided for in the budget. The tax millage rate levied by the council shall not exceed 15 mills to cover general operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness. Section 6.26. Property Tax Levies. As the next order of

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business following the adoption of the budget, the council shall levy by ordinance an annual tax on all real and personal property within the city. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual budget for defraying the expenses of the general government of the city. Section 6.27. Additional Appropriations. The council may make appropriations in addition to those contained in the current budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.28. Procurement And Property Management; Contracting Procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. All contracts and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him before authorization by the council. Section 6.29. Centralized Purchasing. The council may, by ordinance prescribe procedures for a system of centralized purchasing for the city. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Municipal Services; Streets. The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of the city. The council shall provide for the removal of any and all obstacles and nuisances

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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 systems; 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 said systems to consumers outside the corporate limits of the city. Section 7.12. Sewers And Drains. The council shall have the power and authority to provide for the establishment, extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the city is granted the power of eminent domain both within and without the corporate limits. The council may provide by ordinances for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into the same when such services are made available. They may cause said connection to be made when the owners refuse and issue executions to be made for the amount so expended, which execution shall create a lien on the property connected with said water and sewerage system from the date of the order or connection. Section 7.13. Rights Of Way. The city shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains, for waterworks and sewerage system purposes along the highways in the county of Gwinnett, 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

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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 the city. Section 7.14. Eminent Domain. The council is hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, market houses, public buildings, libraries, sewers, drains, sewerage treatment, waterworks, electrical systems, and charitable, educational, recreational and sport institutions, agencies and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other applicable Georgia law. Section 7.15. Power To Regulate And License. The council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession, or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the city, regardless whether or not the subject has an office or establishment within the city. The council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and State of Georgia. This power is conferred for the purpose of regulations under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents and any other legal entity capable of transacting business. Section 7.16. Franchises. The council shall have the authority to exercise control over the streets of the city. The power is hereby conferred upon the council to grant franchises for the use of said city's streets and alleys, for the

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purposes of railroads, street railways, telephone companies, electric companies, gas companies, and transportation. This franchise right extends to, but is not limited to, the erection of poles, stringing wires, laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive and the consideration of such franchise. The council shall provide for the registration of all franchises with the city clerk in the registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.17. Building, Housing, Electrical And Plumbing Regulations. The council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the council, be exercised by adoption of any such standard building, housing, gas, heating and airconditioning, electrical, and plumbing codes as may be deemed proper. The council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted and to charge reasonable fees for inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical or plumbing work. The council may enact all ordinances necessary to enforce such rules and regulations. ARTICLE VIII ZONING Section 8.10. Zoning Board. The mayor and council shall appoint a zoning and planning board and adopt ordinances and regulations for the administration thereof. The zoning board shall have the authority to establish zoning rules and regulations and a zoning map.

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Section 8.11. Zoning Board of Appeals. The mayor and council shall appoint a zoning board of appeals to hear cases involving variances from the zoning rules and regulations. ARTICLE IX GENERAL PROVISIONS Section 9.10. Official Bonds. The officers and employees of the city, both elective and appointive, shall execute such official bonds in the amounts and upon such terms and conditions as the city council may from time to time require. Section 9.11. Existing Ordinances and Regulations. Existing ordinances and regulations of the City of Norcross not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by council. Existing rules and regulations of departments or agencies not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 9.12. 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 9.13. Gender. The use of masculine nouns in this charter is for uniformity only and in no way is to be interpreted as discriminating against the feminine sex. Section 9.14. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed thirty days or both such fine and imprisonment. Section 9.15. Specific Repealer. An Act incorporating the City of Norcross, in the County of Gwinnett, approved October 26, 1870 (Ga. Laws 1870, page 212) is hereby repealed

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in its entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 9.16. 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 effect or impair other parts of this charter, unless it clearly appears that such parts of this charter are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter, that each article, section, sub-section, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 9.17. Effective Date. This charter shall become effective upon approval by the Governor or upon its becoming law without his approval. Section 9.18. Repealer. All laws and parts of laws in conflict with this charter are hereby repealed. APPENDIX A CODE OF ETHICS AND PROHIBITED PRACTICES 1. Conflict Of Interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this code of ethics applies shall knowingly: (a) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties; (b) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties, or would tend to impair his independence of his judgment or action in the performance of his official duties; (c) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is employed without proper authorization, or use such information

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to advance the financial or other private interest of himself or others; (d) Accept any valuable gift, whether in the form of service, loan, thing, promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is employed; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (e) Represent private interest in any action or proceedings against the council by which he is employed; (f) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest. 2. Disclosure. Any elected official, appointed officer, or employee of the city government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the council. The mayor or any councilman who has a private interest in any matter pending before the council shall disclose such private interest and such disclosure shall be entered on the records of the council and he shall disqualify himself from participating in any decision or vote thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this code of ethics applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity. 3. Use Of Public Property. No elected official, appointed officer, or employee of the city or any agency or any agencies or entity to which this code of ethics applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the council or the governing body of such agency or entity. 4. Contracts Voidable And Rescindable. Any violation of

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this code of ethics which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contracts or sale voidable as to that party, at the option of the council. 5. Ineligibility Of Elected Officials. Except where authorized by law, neither the mayor nor any councilman shall hold any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. 6. Political Activities Of Certain Officers And Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifiying as a candidate for nomination or election to any public office. 7. Penalties For Violation. (a) Any city officer or employee who wilfully conceals such financial interest or wilfully violates any of the requirements of this section shall, upon conviction, be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (b) Any officer or employee of the city who shall forfeit his office or position as described in subsection (a), shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Notice of Intention to Introduce a Local Bill. Notice is hereby given that there will be introduced for passage at the 1977 session of the General Assembly of Georgia a local bill entitled as follows: A bill to be entitled as Act to create a new Charter for the City of Norcross; to prescribe the corporate limits of said City; to provide for the government and its corporate powers; to provide for governing authority of said City, and for the election, terms of office, and powers and duties of the members thereof; to provide for all matters relative to

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the foregoing; to provide for severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes. This the 23th day of December, 1976. Lillian Webb, Mayor R. M. DeLeon, Jr. R. A. Hamilton C. Darrell Johnson Charles T. Hollifield Glenn R. Martin, Councilmen B. B. Harris, Sr. Representative, 60th District Georgia, Gwinnett County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths, Bruce Still, who, being duly sworn, deposes and states 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 the County of Gwinnett, and further avers that legal notice, a true copy of which is hereto attached, Norcross Charter proposed Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being December 22, 1976, December 29, 1976. /s/ Bruce R. Still Sworn to and subscribed before me, this 5th day of January, 1976. /s/ Betty M. Reepe Notary Public Gwinnett County, Georgia (Seal). Approved February 11, 1977.

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HAHIRA TELEPHONE AUTHORITY ACT. No. 18 (House Bill No. 82). An Act to create and establish a telephone Authority for the City of Hahira and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve telephone facilities or systems, or both, which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to telephone facilities and systems and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority, including but not limited to earnings derived from telephone rate charges, and to pay the costs of such undertakings and authorize the collection and peldging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the City of Hahira shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds, securities or other obligations; to provide that such bonds, securities or other obligations be validated as authorized by the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; to authorize

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the Authority to exercise the power of condemnation; to provide for other matters relative thereto; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the Hahira Telephone Authority Act. Section 2. Hahira Telephone Authority. There is hereby created a body corporate and politic to be known as the Hahira Telephone Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title, and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence. Section 3. Membership. The Hahira Telephone Authority shall be composed of three members to be appointed by the governing authority of the City of Hahira. Initial members shall be appointed by the governing authority within six months following the approval of this Act or within six months after it otherwise becomes law. One member shall be appointed to Post 1 and shall serve an initial term of office to expire on July 1, 1980, and until his successor is duly appointed and qualified. One member shall be appointed to Post 2 and shall serve an initial term of office to expire on July 1, 1979, and until his successor is duly appointed and qualified. The third initial member shall be appointed to Post 3 and shall serve an initial term of office to expire on July 1, 1978, and until his successor is duly appointed and qualified. Thereafter, the term of office of all members shall be three years, and until their respective successors are duly appointed and qualified. Successors to the members of the Authority shall be appointed ninety days prior to the expiration of the term of office of such members.

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Section 4. Meetings. The Authority shall hold its first regular meeting after this Act becomes effective, and the first regular meeting of each year thereafter shall be in July. The Authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in July of each year thereafter, the Authority shall elect one of its members as its chairman and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on June 30th of the year following the year in which they were elected or until their successors are elected and qualified. Two members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall receive no compensation for their services. They shall be reimbursed, however, for all actual expenses incurred in the performance of their duties. Section 5. Vacancies in Office. In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled in the same manner in which the member vacating his membership was appointed to membership, and the person so appointed shall serve for the remainder of the unexpired term. Section 6. Definitions. As used in this Act, the following words and terms have the following meanings: (a) The word Authority shall mean the Hahira Telephone Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving and operation of a telephone system for the City of Hahira and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such

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telephone system, deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project, the cost of all machinery, equipment, financing charges, interest prior to and during construction, the cost of engineering, architectural fiscal and legal expenses, and the cost of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating, if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be

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issued to finance, in whole or in part, the cost of such project or projects. Section 7. Powers. The Authority shall have the following powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchise necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or disposition of, the same in any manner it deems to be the best advantage of the Authority; (d) To appoint, select and employ officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensation; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects or lease of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable. The said Authority is further granted the authority to make contracts and leases, and to execute all instruments necessary or convenient, with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be

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issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in section 21 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality or other source may impose; (h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency, instrumentality or political subdivision thereof or from any other source, upon terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision or any other source may impose; (i) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness and to secure the same, and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any powers usually possessed by a private corporation performing similar functions, which are not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture are specifically authorized to sell, lease,

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grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein, not required in the normal operation of the Authority and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in section 2 and section 21 hereof; (l) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 8. Revenue Bonds. The Authority, or any authority or body which has succeeded, or which may in the future succeed, to the powers, duties and liabilities vested in the Authority created hereby, shall have the power, and is hereby authorized, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the Authority, shall be payable semiannually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to, and in conformity with, the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. All procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 9. Form, Denominations, Registration, Place of Payment. The Authority shall determine the form of the

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bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both. The Authority may make provisions for the registration of any coupon bond, as to principal alone, or to both the principal and interest. Section 10. Signatures, Seal. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and attested by the secretary-treasurer of the Authority, and the official seal of the Authority shall be affixed thereto. Any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary-treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as shall be duly authorized or hold the proper office, at the actual time of the execution of such bonds, although such persons may not have been so authorized or shall not have held such office on the date of delivery and payment of such bonds. Section 11. Negotiability, Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have, and are hereby declared to have, all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the State. Section 12. Sale, Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par, as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter

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amended to permit the sale of such bonds at less than par. Section 13. Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. Section 14. Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 15. Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 16. Conditions Precedent to Issuance, Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its

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passage and need not be published or posted, and any such resolution may be passed at regular, special or adjourned meeting of the Authority by a majority vote of the quorum as provided in this Act. Section 17. Credit not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Hahira. Such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said city to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds. All such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section. Section 18. Trust Indenture as Security. In the discretion of the Authority any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bond issued therefor and may also require that the security given by contractors

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and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 19. To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. Section 20. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, which said pledge may include funds

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received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund. Said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution on trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 21. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging and collecting of revenues, fees, tolls and other charges for the use of the facilities and services furnished. Section 22. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds issued under the provisions of

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this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 23. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law. The petition for validation shall also make any municipal, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, a party-defendant to such action. Such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government if a party to the validation proceedings, contracting with the said Hahira Telephone Authority. Section 24. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Lowndes County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have original jurisdiction of such actions. Section 25. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the

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powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency or authority shall be created which will compete with the Authority to such an extent as to adversely affect the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 26. Monies Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 27. Purpose of Authority. Without limiting the generality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating telephone facilities and systems, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property thereof, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority to be necessary, convenient or desirable for, and incident to, the efficient and proper development and operation of such types of undertakings. Section 28. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe, fix and collect rates, fees, tolls and charges, and to revise, from time to time, and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, and in anticipation

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of the collection of the revenues and income of such undertakings or projects. Section 29. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which telephone facilities or service shall be furnished. Section 30. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 31. Liberal Construction of Act. This Act, being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and of the City of Hahira, shall be liberally construed to effect the purposes hereof. Section 32. Eminent Domain. Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easement for the purpose of carrying out the provisions of this Act. Any such condemnation shall be conducted in accordance with the laws of this State. Section 33. Jurisdiction. All property, the title to which shall vest in said Authority, shall be subject to the jurisdiction of the county wherein such property shall lie. Section 34. Effect of Partial Invalidity of Act. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as

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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 35. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 36. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be Introduced at the regular 1977 session of the General Assembly of Georgia, a bill to create a telephone authority for the town of Hahira, Georgia; to provide for all matters relative thereto; and for other purposes. This the 7th day of December, 1976. James M. Beck, Representative, 148th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following dates: December 10, 17, 24, 1976. /s/ James M. Beck Representative, 148th District

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Sworn to and subscribed before me, this 10th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 11, 1977. CITY OF DALTONEMPLOYEES' RETIREMENT CHANGED. No. 19 (House Bill No. 98). An Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton in the County of Whitfield, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2744), so as to change the provisions relative to the early retirement of certain employees pursuant to the city's Comprehensive and Unified Pension Plan; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating, amending and codifying the various Acts incorporating the City of Dalton in the County of Whitfield, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2744), is hereby amended by striking in section 7 (a), the following: age of 55, and substituting in lieu thereof, the following: age of 50,

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and by striking the following: one-half of one per cent (0.5%) for each month that the participant's early retirement date precedes the date on which he would attain age 65, and substituting in lieu thereof, the following: an amount determined to be actuarially sound by the Board, so that when so amended, section 7(a) shall read as follows: (a) Each participant not described in 7(b) who has completed fifteen (15) years of continuous service and has attained the age of 50 may retire upon obtaining the prior written consent of the Board, which consent will be given or withheld subject to the limitations of section 22 hereof. The amount of monthly pension benefit to which such participant shall be entitled on his early retirement date shall be an amount equal to the product of (1) thirteen hundredths (0.13%) per cent of the participant's average basic monthly earnings during the thirty-six (36) consecutive months preceding his early retirement date in which his basic monthly earnings were highest, and (2) the number of months of continuous service by the participant on the date of the participant's early retirement, such amount to be then reduced by an amount determined to be actuarially sound by the Board. The amount of monthly pension determined in accordance with the preceding sentence shall be increased annually by an amount equal to four per cent (4%) of said pension benefit determined as of the date the monthly pension benefit commences, such increase to take effect as of each anniversary date of said participant's early retirement. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Whitfield County. Notice of Local Legislation. Notice is hereby given that there will be introduced in General Assembly of Georgia, at the session which convenes

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in January, 1977, a bill to amend the Mayor and Council of The City of Dalton Employee's Pension; to change the provisions relative to early retirement, and to provide generally for all other matters relevant to such pension plan. This the 10th day of December, 1976. /s/ M. Donald Ellis, Mayor The City Dalton, Georgia 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: December 17, 24, 31, 1976. George N. Clarke, Publisher This affidavit sworn to and subscribed before me, on the 7th day of January, 1977. /s/ Jacqueline Keck Notary Public, Georgia State at Large. My Commission Expires July 15, 1977. (Seal). Approved February 11, 1977. BAKER COUNTY BOARD OF EDUCATIONMETHOD FOR FILLING VACANCIESREFERENDUM, ETC. No. 20 (House Bill No. 99). An Act to provide the method for filling vacancies which occur in the membership of the Board of Education of Baker County; to provide for other matters relative thereto; 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. (a) Should a vacancy occur in the office of any member of the Board of Education of Baker County and the unexpired term is one year or less, the remaining members of said Board shall appoint a qualified person, who shall be a resident of the school district in which the vacancy occurred, to fill such vacancy for the unexpired term. (b) Should a vacancy occur in the office of any member of the Board of Education of Baker County and the unexpired term is more than one year, the election superintendent of Baker County shall issue the call, within not more than 30 days after the occurrence of such vacancy, for a special election to elect a qualified person to fill such vacancy for the unexpired term. The person elected to fill such vacancy shall be a resident of the school district in which the vacancy occurred but shall be elected by the voters of the entire county. The election superintendent of Baker County shall set the date for any such special election for a day not less than 30 nor more than 45 days after the issuance of the call. Section 2. It shall be the duty of the election superintendent of Baker County to issue the call for an election for the purpose of submitting this Act to the electors of the Baker County School District for approval or rejection. The superintendent shall set the date of such election for the same day as the general election held in 1978. 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 Baker County. The ballot shall have written or printed thereon the words: Referendum. () YES () NO Shall the Act providing the method for filling vacancies which occur in the membership of the Board of Education of Baker County be approved? All persons desiring to vote for approval of the Act shall

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vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Baker County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to change the method for filling vacancies which occur in the membership of the Board of Education of Baker County, Georgia; to provide for a Referendum; to repeal conflicting laws; and for other purposes. This 10th day of December, 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

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County, on the following dates: December 17, 24, 31, 1976. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 11th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 11, 1977. STATE COURT OF HABERSHAM COUNTYCOMPENSATION OF JUDGE AND SOLICITOR CHANGED. No. 21 (House Bill No. 136). An Act to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County) approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966, (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the State Court of Habersham County (formerly the City Court of

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Habersham County) approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), and Act approved February 27, 1969 (Ga. L. 1969, p. 2093), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), is hereby amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said State Court who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1944, and until his successor shall quality, and thereafter, except in the case of a vacancy, the judge of said State Court shall hold his office by virtue of an election by the qualified voters of Habersham County, and shall hold his office for a term of four years, beginning on the first day of January, 1945. At the regular election of county officers of Habersham County, in the year 1944 there shall be elected by the qualified voters of said County of Habersham a judge of said State Court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years from January 1, 1945, and at each of the regular elections held for the election of county officers every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said State Court shall receive a salary of nine thousand dollars per annum, which shall be paid monthly by the judge of the Probate Court or other person or persons, who are now or may hereafter be charged by law with the paying out of the money of the County of Habersham, and shall be furnished an office in the courthouse as other county officers; and it shall be the duty of the Judge of the Probate

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Court of said county or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation. He shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Georgia. Judge. 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. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said State Court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the 31st day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the superior court, and his fees for all other services rendered shall be the same as are a district attorney in the superior court; but all such fees shall be paid into the county treasury by the said solicitor as collected, and in lieu thereof, he shall receive the sum of nine thousand dollars per year, which shall be paid monthly out of the county treasury. The said solicitor shall receive no other fees or compensation for his services. He shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Habersham County, Georgia. Solicitor. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1977 session of the General Assembly of Georgia, a bill to amend the Act creating the State Court of Habersham County (formerly the City Court of Habersham County) so as to change the rate of compensation for the judge and solicitor of the State Court of Habersham County; to repeal conflicting laws; and for other purposes. This 20th day of December, 1976. John C. Foster Senator, 50th District William 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: December 23 and 30, 1976, and January 6, 1977. Amilee C. Graves Publisher, Tri-County Advertiser Sworn to and subscribed before me, this 6th day of January, 1977. /s/ Patricia D. Barrett Notary Public My Commission Expires May 5, 1980. (Seal). Approved February 11, 1977.

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CLAYTON COUNTY BOARD OF COMMISSIONERSCOMPENSATION OF MEMBERS CHANGED, ETC. No. 22 (House Bill No. 465). 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 February 26, 1973 (Ga. L. 1973, p. 2005) and an Act approved March 5, 1976 (Ga. L. 1976, p. 2848), so as to change the compensation of the Chairman and the other members of the Board; to change the annual expense allowance of the Chairman; to authorize the Chairman to use a county automobile while engaged in county business; to change the title of the Comptroller-Administrative Assistant to Director of Finance/Comptroller; to provide that the Director of Finance/Comptroller shall be covered by the provisions of the Civil Service System of Clayton County; to increase the bond of the Director of Finance/Comptroller; to change the duties of the Director of Finance/Comptroller; to authorize the Board to employ such administrative assistants as it may deem necessary and fix their compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved February 26, 1973 (Ga. L. 1973, p. 2005) and an Act approved March 5, 1976 (Ga. L. 1976, p. 2848), 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 $25,000.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The Chairman of the Board shall also receive an annual expense allowance of $2,400.00 per annum payable out of the funds of the County and shall be entitled to

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a County automobile while engaged in County business. The other four members of the Board shall be compensated in the amount of $6,000.00 per annum to be paid in equal monthly installments. Each of the other members of the Board shall receive an annual expense allowance of $1,800.00 per annum payable in equal monthly installments. These payments shall be made 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 Director of Finance/Comptroller, but the Chairman's selection must be confirmed by a majority vote of the entire Board. Section 2. Said Act is further amended by striking section 10B in its entirety and inserting in lieu thereof a new section 10B, to read as follows: Section 10B. The Board is hereby authorized to employ a Director of Finance/Comptroller who shall be directly responsible to the Board. The Director of Finance/Comptroller shall be covered by any provisions of the Civil Service System of Clayton County. The Director of Finance/Comptroller shall have a minimum of three years of general accounting experience with a recognized accounting firm or a degree in accounting from a recognized educational institution or three years' experience in accounting work for a federal, state, county, or municipal agency. The compensation of the Director of Finance/Comptroller shall be initially fixed by the Board of Commissioners, payable in equal monthly installments from the funds of Clayton County. The Director of Finance/Comptroller shall give a satisfactory surety bond approved by and payable to the Judge of the Probate Court of Clayton County or her successor in office and filed in the office of the judge of the probate court in the sum of $100,000.00 conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Clayton County. The Director

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of Finance/Comptroller shall provide administrative assistance for the Board and Chairman, and, pursuant to resolutions adopted by the Board and instructions given by the Chairman, he shall perform the duties enumerated as follows: Finance/Comptroller. (a) Keep and maintain accurate records reflecting the financial affairs of the County. (b) Compile the annual budget covering all County funds and submit the same to the Board of Commissioners for approval. (c) Sign checks and disburse monthly allotments of monies appropriated and budgeted to each department, office or agency of the County entitled to receive the same. (d) Draw and sign all checks and warrants against County funds, countersigned by the Chairman or Vice Chairman, specify the account against which such funds are drawn and record same in a book which may be the stub of such checks and warrants showing the amount of each check or warrant, to whom payable and for what consideration. (e) Maintain current accounts of the collection and deposit of monies due the County from taxes and other sources. (f) Examine all claims against the County and make recommendations as to payment. (g) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations. (h) Maintain proprietary accounts of the current assets and of the liabilities of all County funds. (i) Prepare and issue monthly budgetary reports of the operations of all County funds.

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(j) Plan and prepare for meeting the financial needs of the County, project financial requirements, recommend a means of financing those requirements and advise the Chairman and Board of financial matters. (k) Perform such other duties as may be assigned by the Chairman or Board. (l) Conduct such internal audits, as he may deem advisable, of County funds and as the Board of Commissioners may direct. Section 3. Said Act is further amended by adding a new section 10C, immediately following section 10B, to read as follows: Section 10C. The Board of Commissioners is authorized to employ such administrative assistants as it may deem necessary from time to time and to fix the compensation for said administrative assistants as is provided for other County employees. Administrative assistants. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except the provisions of section 1 which shall become effective July 1, 1977. 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, 1977, session of the General Assembly of Georgia an act to amend an act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064) as amended from time to time, so as to provide a change in the Comptroller-Administrative Assistant; to provide a change in personnel who come under the Civil Service Act; to provide for change in the compensation of members of the Board of Commissioners of Clayton

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County; to provide for transportation and expenses of the Board of Commissioners of Clayton County; to provide an effective date; to repeal conflicting laws and for other purposes. Terrell A. Starr, Senator Virginia Shapard, Senator William J. Lee, Representative Rudolph Johnson, Representative Jimmy Benefield, Representative, Jim Wood, Representative Georgia, Clayton County. Personally appeared before the undersigned Jim Wood, who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: January 4, 11, 18, 1977. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 18th day of January, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved February 11, 1977. CLAYTON COUNTY HOSPITAL AUTHORITYMETHOD OF APPOINTMENT OF MEMBERS CHANGED. No. 23 (House Bill No. 482). An Act to change the method of appointing members of the Clayton County Hospital Authority; to provide for filling

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vacancies for full and unexpired terms; to provide that only one member of the medical profession may serve as a member of the Hospital Authority at the same 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. The Board of Commissioners of Clayton County shall appoint successors to the members of the Clayton County Hospital Authority to fill vacancies caused by expiration of terms of office, resignations, death or other reasons. The Board of Commissioners shall appoint successors to the members of the Clayton County Hospital Authority by a majority vote; provided, however, the Board of Commissioners shall not appoint more than one member of the medical profession to serve on the Hospital Authority at the same time. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to make application to the General Assembly of Georgia at the 1977 session for local legislation so as to provide a change in the method of appointing members and filling vacancies in the membership of the Clayton County Hospital Authority; to provide for severability; to provide for an effective date; to repeal conflicting laws and for other purposes. John R. McCannon County Attorney Clayton County, Georgia

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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 11, 18 and 25, 1977. /s/ Jim Wood Publisher Sworn to and subscribed before me, this 25th day of January, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved February 11, 1977. EVANS COUNTY SMALL CLAIMS COURT CREATED. No. 24 (Senate Bill No. 35). An Act creating and establishing a Small Claims Court for Evans County, Georgia, to be known as the Small Claims Court of Evans 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 Evans County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the service of process of said court;

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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 Evans County, Georgia, to be known as the Small Claims Court of Evans 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 to be concurrent with the jurisdiction of any other court of courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Creation. Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must, at the time of his appointment, be a resident of Evans County, at least twenty-five years of age, and of good moral character. Any person so appointed shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in Evans County. Judge. (b) All other officers appointed to or employed by said court, as now or hereafter provided, must be at least twenty-one years of age and must be residents of Evans County. Section 3. Whenever the judge of said Small Claims Court shall be unable from absence, sickness or other cause to

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discharge any duty whatever appertaining to his office, the judge of the Superior Court of Evans 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. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk or as deputy clerk, said clerk or deputy clerk to be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Remuneration. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Pleadings. (b) A copy of the certified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of said Small Claims Court; or by registered or certified mail with receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement

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of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. If the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States Postal Authorities for any reason, service may be perfected on such defendant by any other method as herein this Act prescribed or by any method as now or hereafter prescribed by the pertinent laws of Georgia providing for service of pleadings on defendants in the superior courts of Georgia. (d) When served by a private individual, as hereinbefore provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual costs of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. When the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than thirty days from the date of the service of said notice; provided, however, that where service is by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket.

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Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $7.50, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant shall be $10.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $7.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding.

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Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Trial. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Setoff. Section 11. When the 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.

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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 Evans County may from time to time make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve, from time to time, the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said court to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiff. Section 15. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost

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incurred by reason of a jury trial. Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and the defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trial. Section 16. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Lien. Section 17. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now or hereafter provided for by law for appeals from courts of ordinary to the superior court shall be applicable to appeals from the Small Claims Court to the superior court. Appeals. Section 18. Until otherwise provided by rules of court, the statement of claims, verification and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms. SMALL CLAIMS COURT OF EVANS COUNTY Claxton, Georgia

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Page 2625

Section 19. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Evans County are hereby validated. Section 20. Within thirty days after this Act becomes of full force and effect, from the list of four persons provided for hereinafter, the senior judge of the Superior Court of Evans County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Evans County, to serve for a term of four years from the date of his appointment. Such initial appointment shall be made by said judge from a list of four persons recommended by the grand jury of Evans County. Thereafter, successors to the judge of the Small Claims Court of Evans County shall be appointed, each four years, by the senior judge of the Superior Court of Evans County from a list of four persons recommended by the grand jury which convenes immediately prior to the expiration of the term of the judge of said court to serve for a term of office of four years. 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 Evans County, with

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or without any nomination by the grand jury, in the sole discretion of the appointing judge. The judge of said Small Claims Court may be removed from office by the senior judge of the Superior Court of Evans County upon a recommendation being made by the grand jury of Evans County that he be removed. Any vacancy created by any such removal shall be filled for the unexpired term in the same manner that other vacancies are filled. Judge. Section 21. All forms, docket books, file jackets, filing cabinets and the like required by this Act shall be furnished by the governing authority of Evans County. Supplies. Section 22. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall, in each instance, set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 23. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope

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in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal Authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment. Section 24. The judge of the Small Claims Court shall have the power to impose fines of not more than $10.00 or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Fines. Section 25. The fee of bailiff for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount with a minimum of $3.00. Section 26. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 27. This Act shall become effective on the first

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day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to establish a Small Claims Court of Evans County. Joseph E. Kennedy Senator, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 10th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 11, 1977.

Page 2629

RABUN COUNTY SUPERIOR COURT CLERK'S COMPENSATION CHANGED. No. 28 (Senate Bill No. 89). An Act to amend an Act placing the Clerk of the Superior Court of Rabun County on an annual salary, approved March 3, 1964 (Ga. L. 1964, p. 2241), as amended, so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Rabun County on an annual salary, approved March 3, 1964 (Ga. L. 1964, p. 2241), as amended, is hereby amended by striking from section 2 the following: $6,000.00, and inserting in lieu thereof the following: $12,000.00, so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Rabun County shall receive an annual salary of $12,000.00, payable in equal monthly installments from the funds of Rabun 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2630

Notice. Notice is hereby given that Legislation will be introduced at the 1977 session of the Georgia General Assembly to revise and amend the salary of the Clerk of Superior Court of Rabun County, Georgia, and for other purposes. John C. Foster Senator, 50th District 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 Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Clayton Tribune, which is the official organ of Rabun County, on the following dates, December 2, 9, and 16, 1976. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this the 6th day of January, 1977. /s/ Susan Gordon Notary Public, George State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. JONES COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 31 (Senate Bill No. 164). An Act to amend an Act abolishing the fee system of compensation for the Sheriff of Jones County and providing in lieu thereof an annual salary, approved April 9, 1964

Page 2631

(Ga. L. 1964, Ex. Sess., p. 2169), as amended, particularly by an Act approved February 28, 1969 (Ga. L. 1969, p. 2150), so as to authorize the appointment of a clerk; to provide for the compensation, duties and powers of the clerk; to provide an effective date; to repeal conflicting laws; and for the other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the Sheriff of Jones County and providing in lieu thereof an annual salary, approved April 9, 1964 (Ga. L. 1964, Ex. Sess., p. 2169), as amended, particularly by an Act approved February 28, 1969 (Ga. L. 1969, p. 2150), is hereby amended by striking section 4, which reads as follows: Section 4. The sheriff of Jones County, Georgia, shall have the sole power and authority to appoint deputies as follows: (a) A chief deputy, who shall be compensated in an amount not less than six thousand ($6,000.00) dollars per annum or such additional compensation as may be from time to time established by the governing authority with the concurrence of the sheriff. (b) Three additional deputy sheriffs, one of whom may be designated as jailer, and each of whom shall receive compensation of not less than thirty-six hundred ($3,600.00) dollars per year or such additional sum as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county. (c) Such additional deputies as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county and whose compensation shall be fixed within the limits hereinabove prescribed for deputies in subparagraph (b) hereof., in its entirety, and inserting in lieu thereof a new section 4, to read as follows:

Page 2632

Section 4. The Sheriff of Jones County, Georgia, shall have the sole power and authority to appoint deputies and personnel as follows: (a) A chief deputy, who shall be compensated in an amount not less than six thousand ($6,000.00) dollars per annum or such additional compensation as may be from time to time established by the governing authority with the concurrence of the sheriff. (b) Three additional deputy sheriffs, one of whom may be designated as jailer, and each of whom shall receive compensation of not less than thirty-six hundred ($3,600.00) dollars per year or such additional sum as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county. (c) Such additional deputies as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county and whose compensation shall be fixed within the limits hereinabove prescribed for deputies in subparagraph (b) hereof. (d) A clerk who shall be compensated in an amount not less than five thousand four hundred ($5,400.00) dollars per annum or such additional sum as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county. Such clerk shall perform such duties as shall be assigned by the sheriff. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jones County. Personally appeared before the undersigned G. B. Moore III who on oath says that he is Editor of The Jones County

Page 2633

News, and that the legal advertisement which appears below was published in said newspaper on the following dates: December 30, 1976 and January 6, 13, 1977. SheriffIntent to Introduce Legislation. /s/ G. B. Moore III Publisher Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the Sheriff of Jones County, approved April 9, 1964 (Ga. Laws 1964, Ex. Sess., p. 2169), as amended; and for other purposes. This 13 day of December, 1976. Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 20th day of January, 1977. /s/ Carolyn H. Crawford Notary Public, Georgia State at Large. My Commission Expires June 21, 1980. (Seal). Approved February 18, 1977. BALDWIN COUNTY BOARD OF COMMISSIONERS ACT AMENDEDSELF-INSURANCE AUTHORIZED. No. 32 (Senate Bill No. 169). An Act to amend an Act creating a Board of Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to provide that the governing

Page 2634

authority of Baldwin 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: Section 1. An Act creating a Board of Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, is hereby amended by adding, immediately following section 7 (VII), the following new sections: Section 7A. Baldwin 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. Section 7B. Wherever used in section 7A through 7J of this Act, the term `governing authority' shall apply to the Board of Commissioners of Baldwin County, Georgia. Section 7C. Baldwin 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 such funds may be established as continuing and perpetual reserves. Section 7D. Nothing herein contained shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by Baldwin 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

Page 2635

from liability now held by such county shall continue to be of full force and effect after the passage of this Act. Section 7E. Any self-insurance program thus inaugurated by Baldwin 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 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. Laws 1974, p. 702), as now or hereafter amended. Section 7F. Such self-insurance program may be implemented by resolution of the governing authority of Baldwin County, 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 7G. The governing authority of Baldwin 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 Baldwin County including, but not limited to, the Hospital Authority of Baldwin County. The governing authority of Baldwin County is further authorized in its discretion to participate with any such agency of Baldwin County in the providing of such self-insurance program upon such basis as may be mutually agreeable between or among such participating agencies.

Page 2636

Section 7H. Nothing herein contained shall constitute a prohibition against Baldwin 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 Baldwin 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 7I. Baldwin County is hereby authorized by the General Assembly of Georgia to waive its immunity from 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 Baldwin County. Section 7J. All such funds collected by the levy of taxes or other revenue by the governing authority of Baldwin County setting up such self-insurance program shall become and be the funds of Baldwin 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 Baldwin 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 claim 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 Baldwin County and shall be disbursed and accounted for as are other funds.

Page 2637

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended and for other purposes. This 27th day of December, 1976. Wilbur E. Baugh Representative, 108th District Bobby Eugene Parham Representative, 109th District Culver Kidd Senator, 25th District 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 was inserted in space of legal advertisement as follows: December 30, 1976 and January 6, 13, 1977. /s/ Harold G. Foster, Publisher Subscribed and sworn before me, this 26th day of January, 1977. /s/ Sybil H. Fowler Notary Public. (Seal). Approved February 18, 1977.

Page 2638

JONES COUNTY PROBATE COURT ACT AMENDEDEMPLOYEES AND EXPENSES CHANGED. No. 33 (Senate Bill No. 172). An Act to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, approved March 25, 1975 (Ga. L. 1975, p. 2796), so as to change the provisions relating to the employment of personnel by the judge of the probate court; to change the provisions relating to the expenses and operation of the office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present mode of compensating the Judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, approved March 25, 1975 (Ga. L. 1975, p. 2796), is hereby amended by striking section 4, which reads as follows: Section 4. The Judge of the Probate Court shall have the authority to appoint one clerk who shall be compensated in the amount of $400 per month payable in equal weekly installments. It shall be within the sole power and authority of the Judge of the Probate Court, during his term of office, to designate and name the person or persons who shall be employed as the clerk, and to prescribe the duties and assignments of such clerk, and to remove or replace such clerk at will and within his sole discretion., in its entirety, and inserting in lieu thereof a new section 4, to read as follows: Section 4. The judge of the probate court shall have the authority to appoint clerks who shall be compensated in the amount of not less than $400 per month nor more than $550 per month, payable in equal weekly installments. It

Page 2639

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 persons who shall be employed as clerks, and to designate the compensation within the limits prescribed, prescribe the duties and assignments of such clerks, and to remove or replace such clerks at will and within his sole discretion. Clerks. 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 necessary operating expenses of the Judge of the Probate Court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, telephones, utilities, uniforms and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall by furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the Judge of the Probate Court of Jones County. Operating expenses. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jones County. Personally appeared before the undersigned G. B. Moore III who on oath says that he is Editor of The Jones County News, and that the legal advertisement which appears below

Page 2640

was published in said newspaper on the following dates: December 30, 1976 and January 6 13, 1977. Probate JudgeIntent to Introduce Legislation. /s/ G. B. Moore III Publisher Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the Judge of the Probate Court of Jones County, approved March 25, 1975 (Ga. Laws 1975, p. 2796) and for other purposes. This 13 day of December, 1976. Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 20th day of January, 1977. /s/ Carolyn H. Crawford Notary Public, Georgia State at Large. My Commission Expires June 21, 1980. (Seal). Approved February 18, 1977. GWINNETT COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 35 (Senate Bill No. 225). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956

Page 2641

(Ga. L. 1956, p. 2502), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2715) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3432), so as to change the provisions relative to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2502), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2715) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3432), is hereby amended by striking section 4, which reads as follows: Section 4. The tax commissioner shall be compensated in the amount of $17,000 per annum, to be paid in equal monthly installments from the funds of Gwinnett County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected., and inserting in lieu thereof a new section 4, to read as follows: Section 4. The tax commissioner shall receive a base salary of $20,000 per annum, to be paid in equal monthly installments from the funds of Gwinnett County. In addition to said base salary, the tax commissioner shall also receive a longevity increase in the amount of three percent (3%) of said base annual salary for each complete year served in office by such tax commissioner after January 1, 1977; provided that the total compensation of such tax commissioner shall not exceed $24,000. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County, and shall

Page 2642

be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1977 session of the General Assembly of the State of Georgia a bill establishing compensation for certain elected officials and constitutional officers of Gwinnett County, providing a method for salary adjustments and for other purposes. Board of Commissioners of Gwinnett County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Reynolds who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lawrenceville Home Weekly which is the official organ of Gwinnett County, on the following dates: December 22, 29, 1976 and January 5, 1977. /s/ Steve Reynolds Senator, 48th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, George State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977.

Page 2643

GWINNETT COUNTYCERTAIN OFFICERS' SALARY CHANGED. No. 36 (Senate Bill No. 226). An Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis of compensation, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2712) and an Act approved March 29, 1973 (Ga. L. 1973, p. 2412), so as to change the provisions relative to the compensation of the Sheriff, Clerk of the Superior Court, and Judge of the Probate Court of Gwinnett County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain designated officers of Gwinnett County on a salary basis of compensation, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2712) and an Act approved March 29, 1973 (Ga. L. 1973, p. 2412), is hereby amended by striking section 2, which reads as follows: Section 2. (a) The sheriff of Gwinnett County shall be compensated in the amount of $17,000.00 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. (b) The clerk of the superior court of Gwinnett County shall be compensated in the amount of $17,000.00 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. The compensation provided for herein shall be the total compensation payable from county funds to said officer both in his capacity as clerk of the Superior Court of Gwinnett County and as clerk of the State Court of Gwinnett County. (c) The ordinary of Gwinnett County shall be compensated

Page 2644

in the amount of $17,000.00 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month., in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. (a) The Sheriff of Gwinnett County shall receive a base salary of $20,000.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. In addition to said base salary, the sheriff shall also receive a longevity increase in the amount of three percent (3%) of said base annual salary for each complete year in office served by such sheriff after January 1, 1977; provided that the total compensation of the sheriff under this subsection shall not exceed $24,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. Sheriffsalary. (b) The Clerk of the Superior Court of Gwinnett County shall receive a base salary of $20,000.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. In addition to said base salary, the clerk of the superior court shall also receive a longevity increase in the amount of percent (3%) of said base annual salary for each complete year in office served by such clerk of the superior court after January 1, 1977; provided that the total compensation of the clerk of the superior court under this subsection shall not exceed $24,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. The compensation provided for herein shall be the total compensation payable from county funds to said officer both in his capacity as Clerk of the Superior Court of Gwinnett County and as Clerk of the State Court of Gwinnett County. Court clerksalary. (c) The Judge of the Probate Court of Gwinnett County shall receive a base salary of $20,000.00 per annum, to be paid in equal monthly installments from the funds of

Page 2645

Gwinnett County at the end of each calendar month. In addition to said base salary, the judge of the probate court shall also receive a longevity increase in the amount of three percent (3%) of said base annual salary for each complete year in office served by such judge after January 1, 1977; provided that the total compensation of the judge of the probate court under this subsection shall not exceed $24,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. Probate judgesalary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1977 session of the General Assembly of the State of Georgia a bill establishing compensation for certain elected officials and constitutional officers of Gwinnett County, providing a method for salary adjustments and for other purposes. Board of Commissioners of Gwinnett County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Reynolds who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lawrenceville Home Weekly which is the official organ of

Page 2646

Gwinnett County, on the following dates: December 22, 29, 1976 and January 5, 1977. /s/ Steve Reynolds Senator, 48th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, George State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. GWINNETT COUNTY BOARD OF COMMISSIONERS ACT AMENDEDCOMPENSATION CHANGED, ETC. No. 37 (Senate Bill No. 227). An Act to amend an Act creating a Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended by an Act approved April 15, 1969 (Ga. L. 1969, p. 2793), an Act approved March 27, 1972 (Ga. L. 1972, p. 3113), an Act approved April 17, 1973 (Ga. L. 1973, p. 3437), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3813), so as to change the provisions relating to the compensation of the Chairman of the Board of Commissioners of Gwinnett County; to change the provisions relating to the compensation and expenses of the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968,

Page 2647

p. 2003), as amended by an Act approved April 15, 1969 (Ga. L. 1969, p. 2793), an Act approved March 27, 1972 (Ga. L. 1972, p. 3113), an Act approved April 17, 1973 (Ga. L. 1973, p. 3437), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3813), is hereby amended by striking section 9, which reads as follows: Section 9. (a) Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as same, the sum of three hundred fifty ($350.00) dollars each per month to be paid out of the county treasury upon warrants drawn upon the county treasury. The members of the commission, other than the chairman, shall also be entitled to receive an expense allowance of $150.00 per month to be paid from the funds of Gwinnett County. (b) The chairman shall receive as his entire compensation the sum of $20,750.00 per annum. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be furnished by the county an automobile with the expenses of the operation thereof and the expenses incurred by said chairman to be paid by the county., and inserting in lieu thereof a new section 9, to read as follows: Section 9. (a) Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as same, a base salary of $5,400.00 each per annum to be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury. In addition to said base salary, the commissioners shall each receive a longevity increase in the amount of three percent (3%) of said base annual salary for each complete year served in office after January 1, 1977; provided that the total compensation of each such commissioner shall not exceed $6,400.00 per annum. The members of the commission, other than the chairman, shall also be entitled

Page 2648

to receive an expense allowance of $200.00 per month to be paid from the funds of Gwinnett County. (b) The chairman shall receive as his compensation a base salary of $25,000.00 per annum. In addition to said base salary the chairman shall also receive a longevity increase in the amount of three percent (3%) of said base annual salary for each complete year in office served by such chairman after January 1, 1977; provided that the total compensation of the chairman shall not exceed $28,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be furnished an automobile by the county with the expenses of the operation thereof and the expenses incurred by said chairman to be paid by the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws 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 1977 session of the General Assembly of the State of Georgia a bill establishing compensation for certain elected officials and constitutional officers of Gwinnett County, providing a method for salary adjustments and for other purposes. Board of Commissioners of Gwinnett County, Georgia

Page 2649

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Reynolds who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lawrenceville Home Weekly which is the official organ of Gwinnett County, on the following dates: December 22, 29, 1976 and January 5, 1977. /s/ Steve Reynolds Senator, 48th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, George State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. CERTAIN SMALL CLAIMS COURTS' JURISDICTION AND COSTS CHANGED, ETC. No. 38 (House Bill No. 29). An Act to amend an Act creating a small claims court in certain counties of this State, approved March 10, 1966 (Ga. L. 1966, p. 3372), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3179), so as to change the provisions relating to the jurisdiction of said court; to change the provisions relating to fees and costs; to change certain population figures; to repeal conflicting laws; and for other purposes.

Page 2650

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a small claims court in certain counties of this State, approved March 10, 1966 (Ga. L. 1966, p. 3372), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3179), is hereby amended by striking from section 1 the following: $500.00, and inserting in lieu thereof the following: $1,000.00, and by striking from section 1 the following: 6,100 and not more than 6,400, and inserting in lieu thereof the following: 6,415 and not more than 6,505, so that when so amended, section 1 shall read as follows: Section 1. (Created, jurisdiction). There is hereby created and established in each county in this State having a population of not less than 6,415 and not more than 6,505, according to the U. S. Decennial Census of 1970, or any future such census, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court 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, 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 from section 8 the following:

Page 2651

five ($5.00) dollars, and inserting in lieu thereof the following: ten dollars ($10.00), and by striking from said section the following: seven dollars and fifty cents ($7.50), and inserting in lieu thereof the following: ten dollars ($10.00), and by striking from section 8 the following: five ($5.00) dollars, and inserting in lieu thereof the following: ten dollars ($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 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 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

Page 2652

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 9 the following: seven dollars and fifty cents ($7.50), and inserting in lieu thereof the following: ten dollars ($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 ten dollars ($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. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Pursuant to a resolution passed by the Miller County Board of Commissioners at the regular meeting held on

Page 2653

December 1, 1976, notice is hereby given that a bill will be introduced at the regular 1977 session of the General Assembly of Georgia to change the filing fee and Jurisdiction of the Small Claims Court of Miller County, and for other purposes. December 1, 1976. Virginia T. Phillips 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 Miller County Liberal which is the official organ of Miller County, on the following dates: December 9, 16 23, 1976. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 5th day of January, 1977. /s/ Susan Gordon Notary Public, George State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. CITY OF POWDER SPRINGS CHARTER AMENDEDARTICLE VIII REPEALED. No. 40 (House Bill No. 56). 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, particularly by

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an Act approved March 31, 1976 (Ga. L. 1976, p. 3656), so as to delete from said charter those provisions providing for the repeal of the charter under certain circumstances; 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 a new charter for the City of Powder Springs, Georgia, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3656), is hereby amended by repealing in its entirety Article VIII added by said amendatory Act approved March 31, 1976 (Ga. L. 1976, p. 3656) which Article provided for the repeal of the charter of the City of Powder Springs under certain circumstances. Section 2. Said Act is further amended by redesignating Article IX and section 9.01 as Article VIII and section 8.01, respectively. Section 3. All laws and parts of laws in conflict 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 1977 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Powder Springs (Ga. L. 1920, p. 1437, et seq), as amended to create a new Charter (Ga. L. 1970, p. 2760, et seq.), as heretofore amended; and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson, Senators A. L. Burruss Bill Cooper

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Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 24, 31, 1976 and January 7, 1977. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 10th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. CITY OF DECATUR REMOVED FROM LIMITATION ON CITIES' RIGHT OF TAXATION. Code 92-4101 Amended. No. 41 (House Bill No. 159). An Act to amend Code section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the City of Decatur as one of the cities and towns

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to which the prohibition of said Code section does not apply; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-4101, relating to limitation on cities' right of taxation, as amended, is hereby amended by adding at the end thereof the following: Decatur. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill for the purpose of including the City of Decatur within a list of cities and towns exempt from the prohibition contained in Code section 92-4101 on the levy by a municipality of a tax over one-half of one per cent; and for other purposes. This 23rd day of December, 1976. Robert L. Hudgins City Clerk, City of Decatur Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor L. 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

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the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Eleanor L. Richardson Representative, 52nd District. Sworn to and subscribed before me, this 10th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. CITY OF DUDLEYNEW CHARTER. No. 44 (House Bill No. 271). An Act to provide a new Charter for the City of Dudley, Georgia, in the County of Laurens; 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 Dudley, repealing and replacing

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the charter provided by an Act of the General Assembly approved December 17, 1902, (Ga. L. 1902, p. 402), as amended. The City of Dudley, Georgia, in the County of Laurens, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Dudley, Georgia, and by that name shall have perpetual succession, may sue and be sued, may plead and be impleaded in all the courts of law and equity and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.11. Corporate Boundaries. (a) The boundaries of the City of Dudley 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 Dudley, at all times, shall be shown on a map, a written description or any combination thereof to be restrained permanently in the city hall and to be designated: Dudley, 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 Dudley, 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;

Page 2659

to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) to make appropriations for the support of the government of the city; to authorize the expenditure of money for any purpose authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) to appropriate and borrow money for the payment of debts of the city; and to issue bonds to raise revenue for any project, program or venture authorized by this charter or the laws of the State of Georgia; (5) to acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) to accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the grantor or donor may impose; (7) to condemn property, inside or outside the corporate limits of the city for present or future use and for any corporate purposes deemed necessary by the governing authority under section 36-202 of the Code of Georgia, in 1933, or under other applicable Public Acts as are or may be enacted; (8) to acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, fees, charges, rates, fares, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced;

Page 2660

(9) to grant franchises or make contracts for public utilities and public services not to exceed periods of 20 years; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys, and walkways within the corporate limits of the city; (11) to grant franchises and rights-of-way throughout the streets and roads and over the bridges of the city for the use of public utilities; (12) to provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts as are or may be enacted; (13) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air conditioning

Page 2661

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 disturbancies; (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, itinerate trades, theatrical performances, exhibitions and shows of any kind whatsover, 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; (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;

Page 2662

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

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(29) to define a nuisance and provide for its abatement whether on public or private property; (30) to provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (31) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness, welfare and safety of the inhabitants of the City of Dudley; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the mayor's court may work out such sentence in any public works or on the streets, roads, drains and squares of the city; or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Dudley which, while not constituting offenses against the laws of this State, nevertheless are deemed by the governing authority of the City of Dudley to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (34) to regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violations of ordinances enacted hereunder;

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(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 of Dudley; (45) to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the City of Dudley was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction. The powers of the City of Dudley 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

Page 2666

necessary for the effective operation and conduct of the city and all of its affairs. Section 1.15. Exercise the Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation. The legislative authority of the government of the City of Dudley, 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 the charter. Section 2.11. Terms and Qualifications of Office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he: (1) has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside therein during his period of service; (3) is registered and qualified to vote in municipal elections in the City of Dudley; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy, Forfeiture of Office, Filling of Vacancies. (a) The office of mayor or councilman shall become vacant upon the incumbent's death, forfeiture of office, resignation or removal from office in any manner authorized by this charter or the laws of the State of Georgia.

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(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. 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) 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, agency or office thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be 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 Dudley 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

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for the execution of such ordinances, resolutions, rules and regulations not inconsistent with this charter, the Constitution and laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and/or property, health, welfare, sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Dudley and may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive officer of the City of Dudley. He shall possess, have and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter. Section 2.21. Duties of Mayor. As the chief executive of the City of Dudley, 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 all officers, department heads and employees of the city for cause until the next regular or special meeting of the council wherein the council shall either disapprove the suspension or make said suspension irrevocable; (g) exercise supervision over all executive and administrative

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work of the city and provide for the coordination of administrative activities; (h) recommend to the council such measures relative to the affairs of the city, improvement of the government and promotion of the welfare of its inhabitants as he may deem expedient; (i) call special meetings of the council as provided for in section 2.31 (b) of this charter; (j) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (k) perform other duties as may be required by law, this charter or ordinance. Section 2.22. Mayor Pro Tem. During the absence or disability of the mayor for any reason, the mayor pro tem., or in his absence or disability for any cause, any one of the councilmen chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Section 2.30. Organization Meeting. (a) The council shall meet for organization on the second Tuesday of the month following the month in which they were elected. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman as the case may be) of the City of Dudley, Georgia, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) Following the induction of new members, the council

Page 2670

by majority vote of all the members thereof shall elect one of their number to be mayor pro tem. who shall serve for a term of one year and until his successor is elected and qualified. Section 2.31. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or two councilmen. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required of the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice of such meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of the members present. With such consent, any business which may be transacted at a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.32. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which journal shall be a public record. Section 2.33. Quorum. Voting. Three councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote; the ayes and nays shall be recorded in the journal but any member of the council shall

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have the right to request a roll call vote. The affirmative vote of three councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 2.34. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the City of Dudley hereby ordains.... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Section 2.35. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative votes of at least three councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance

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in the manner specified in this section of the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.36. Codes of Technical Regulations. (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.37 of this charter. (b) Copies of any adopting code of technical regulations may be available by the city clerk for distribution or purchase at a reasonable price to be fixed by the council. Section 2.37. Signing, Authenticating, Recording; Codification; Printing. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the City of Dudley. 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 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 Dudley, 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

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its adoption. Following publication of the first Code of the City of Dudley and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. ARTICLE III EXECUTIVE BRANCH Section 3.10. Administrative and Service Departments. (a) The council by ordinance may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such officers, employees and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment.

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(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable state law. (b) Any vacancy in office of a board, commission or authority shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable state law. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (e) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission or authority of

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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 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 ordinances 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 ordinances, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the mayor's court; shall attend the meetings of the council as directed; shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city tax collector to collect all taxes, licenses, fees and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general

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laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.42. City Accountant. The Council may appoint a city accountant to perform the duties of an accountant. Section 3.43. Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, city accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other person. 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 Dudley 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 affected; 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 Dudley. 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 Dudley, which court shall have the jurisdiction and authority to try offenses against the laws and ordinances

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of the City of Dudley and to punish for violation of same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel, advise, aid or encourage another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all offenses committed within the territorial limits of the city including traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem. shall preside and shall exercise the same powers and duties as the judge when so acting. Section 4.11 Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem. shall serve in the absence or disqualification of the judge, shall be appointed by the council and shall take the same oath as the judge. (c) Before entering on the duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this State that he will truly, faithfully and honestly discharge the duties of his office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The mayor's court shall try and punish for crimes against the city of

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Dudley and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt; provided, however, that such punishment shall not exceed $100.00 or 20 days in jail. The mayor's court may fix punishment for offenses committed within its jurisdiction not exceeding a fine of $200.00 or imprisonment for 90 days, or both, and as an alternative to fine or imprisonment, the court may sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares or other public works for a period not exceeding 30 days. (b) The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violation of state law. (c) The mayor's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. If cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge forfeited to the City of Dudley or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The mayor's court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.

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(e) The mayor's court shall have authority to administer oaths and to perform all other acts necessary or proper to the conduct of the court. (f) The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Dudley 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 Laurens County from the Mayor's Court of the City of Dudley shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the mayor's court; provided, however, that the council may adopt in part or in toto the rules and regulations of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in mayor's court proceedings at least 48 hours prior to said proceedings.

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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 serve out the remainder of their respective terms of office. On the first Wednesday in December of even-numbered years, there shall be an election for mayor and three councilmen, said mayor and councilmen to serve for two years. On the first Wednesday in December of odd-numbered years, there shall be an election for two councilmen, said councilmen to serve for two years. The terms of office of the mayor and councilmen shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.30 of this charter. Section 5.11. Election Procedures. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, writein votes, challenge of votes and such other procedures as may be necessary to conduct elections in the City of Dudley. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Dudley as to primary, special or general elections shall conform to the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.21. Special Elections. If the office of mayor or councilman becomes vacant for any reason whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy shall be filled by appointment by the remaining members of the council. Both special elections and the qualifications of candidates therefor shall conform to the applicable provisions of this charter, the Georgia Municipal Election Code, as now or hereafter amended.

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Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) wilful violation of any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof; or (f) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.31. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of two-thirds vote of the entire membership of the council. If an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Courts of Laurens County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Courts of Laurens 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 of each year, shall be subject to the property tax levied by the City of Dudley. 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 Dudley is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104. Section 6.12. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due, in what length of time said taxes may be paid, whether said taxes may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of

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federal, state or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or on other amounts due to the city. Section 6.14. Licenses, Excise Taxes. The council shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Dudley, 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 by ordinance to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Dudley to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer charges shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and city property taxes and enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16. Sanitary and Health Services Charge. The council shall have authority by ordinance to provide for, enforce, levy and collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the City of Dudley and benefiting from such

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services. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. Special Assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, against the abutting property owners under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property 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,

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the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.20. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any program, project or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.21 Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended or by any other Georgia Law as now or hereafter provided. Section 6.22. Short-Term Notes. Pursuant to applicable state law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.30. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency and activity of the city government, unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.32. Additional Appropriations. The council may make appropriations in addition to those contained

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in the current operating budget at any regular or special meeting called for such purposes, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.40. Contracting Procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. Section 6.41. Centralized Purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Dudley. (b) The council may sell and convey and real or personal property owned or held by the City of Dudley for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending or widening any street, avenue, alley or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned-by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding

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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 Dudley 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 Dudley 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 Dudley not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $200.00 or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 7.13. Specific Repealer. An Act incorporating the City of Dudley in the County of Laurens, approved December 17, 1902, (Ga. L. 1902, p. 402), 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

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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, 1977. Section 7.16. Notwithstanding any other provisions herein contained, this Act is not intended to and shall not be applicable to regulation of or over the property, activity, rates, services or operations of any electric supplier (as defined in the Georgia Territorial Electric Service Act, Ga. L. 1973, page 200). Section 7.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce a Local Bill Notice is hereby given that there will be introduced for passage at the 1977 session of the General Assembly of Georgia a local bill entitled as follows: A bill to be entitled an Act to create a new Charter for the City of Dudley: to prescribe the corporate limits of said City; to provide for the government and its corporate powers; to provide for governing authority of said City and for the election, terms of office, and powers and duties of the members thereof; to provide for all matters relative to the foregoing; to provide for severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes. This the 10th Day of December, 1976. Delano Butler Mayor, City of Dudley James E. Garrett Jerald Miller Thomas W. English John W. Chappell Howell Hudson Councilmen

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Georgia, Laurens County: I, W. H. Champion, do certify that I am editor and publisher of the Dublin Courier Herald, a newspaper having general circulation in Laurens County, Georgia, the official organ of said county and the newspaper in which Sheriff's advertisements are published. I further certify that the foregoing one (1) page of typewritten matter is a true, correct and exact copy of a Notice of Intention to Introduce a Local Bill that was published in the December 11, 18 and 24, 1976 issues of the Dublin Courier Herald. Certified under my hand and seal this 3 day of January, 1977. /s/ W. W. Champion, Editor and Publisher of the Dublin Courier Herald Approved February 18, 1977. DECATUR COUNTYSHERIFF'S COMPENSATION ACT AMENDED. No. 45 (House Bill No. 296). An Act to amend an Act placing the Sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2134), as amended, so as to change the provisions relating to the employment and compensation of deputies and other employees; to change the provisions relating to the furnishing of automobiles to the sheriff; to provide for comprehensive liability insurance for the sheriff and certain employees; to provide for temporary deputies during emergency situations; 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: Section 1. An Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2134), as amended, is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The Sheriff of Decatur County, Georgia, shall have the sole power and authority to appoint employees as follows: Employees. (a) A chief deputy who shall be compensated in an amount not less than $10,000.00 per annum or such additional compensation as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county. (b) Six additional deputy sheriffs, each of whom shall receive compensation of not less than $7,800.00 per annum or such additional compensation as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county. (c) Two jailers, each of whom shall be compensated in an amount not less than $7,200.00 per annum or such additional compensation as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county. (d) Two secretaries, one who shall be compensated in an amount not less than $6,600.00 and one who shall be compensated in an amount not less than $5,400.00 per annum or such additional compensation for the two secretaries as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county. Said Sheriff of Decatur County shall at all times have complete control over the activities of all of the employees herein provided for, and said sheriff shall have the exclusive

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right to assign their duties and said sheriff shall have the exclusive right to hire and discharge said employees at any time he deems same is in the best interest of the county. Section 2. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The governing authority of Decatur County shall furnish the sheriff with six automobiles and the necessary equipment therefor and shall be authorized to furnish additional automobiles and equipment as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county. All necessary expenses for operation of said automobiles shall be paid by the governing authority. Autos. Section 3. Said Act is further amended by adding immediately following section 6A two new sections to be designated section 6B and section 6C to read as follows: Section 6B. The governing authority of Decatur County shall pay all premiums for comprehensive liability insurance on the sheriff and his deputies and any other employees recommended by the sheriff and concurred in by the governing authority of the county. Insurance premiums. Section 6C. If at any time there should develop in Decatur County, Georgia, or any part of same either a real or an apparent emergency which, in the discretion of the Sheriff of Decatur County, Georgia, requires him to appoint temporary deputy sheriffs to aid said sheriff and his said chief deputy in the performance of their duties or maintaining law and order therein, the said sheriff shall have the power to appoint such temporary deputy sheriffs as, in his discretion, may be wise; and such temporary deputy sheriffs shall be paid reasonable compensation for their services by the fiscal authorities of Decatur County. Temporary deputies. Section 4. This Act shall become effective July 1, 1977.

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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. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to repeal or amend Ga. L. 1966, p. 2134, so as to change the provisions relative to the sheriff, deputies, and clerical assistants, and their salaries, and for other purposes. Walter E. Cox Representative, 141st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter Cox who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Post Searchlight which is the official organ of Decatur County, on the following dates: December 29, 1976 January 5, 12, 1977. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 17th day of January, 1977. /s/ Susan Gordon Notary Public, George State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977.

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CAMDEN COUNTYCERTAIN OFFICIALS' COMPENSATION INCREASED. No. 46 (House Bill No. 348). An Act to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County; to provide for the payment of the cost-of-living increase in compensation out of the general funds of Camden County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County shall each receive a cost-of-living increase in compensation of $100.00 per month in addition to their present salaries and expenses. The cost-of-living increase in compensation shall be paid out of the general funds of Camden County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide for a cost of living increase in the compensation of certain county officers of Camden County; and for other purposes. This 21 day of December, 1976. Paul W. Foster Representative, 152nd District Bobby A. Wheeler Representative, 152nd District

Page 2694

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: December 30, 1976 and January 6, 13, 1977. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 18th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. TOWNS COUNTY WATER AND SEWERAGE AUTHORITY ACT CHANGED. No. 47 (House Bill No. 351). An Act to amend an Act creating the Towns County Water and Sewerage Authority, approved April 3, 1972 (Ga. L. 1972, p. 3407), so as to change the provisions relating to the creation of such Authority; to provide for the membership and terms of office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Towns County Water and Sewerage Authority, approved April 3, 1972 (Ga. L. 1972, p.

Page 2695

3407, is hereby amended by striking the first sentence of section 2 in its entirety and inserting in lieu thereof the following: There is hereby created a body corporate and politic, to be known as the Towns County Water and Sewerage Authority, which shall be deemed to be a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents or employees. The Authority shall consist of five (5) members, one of whom shall be a resident freeholder of Macedonia-Tate militia district; one of whom shall be a resident freeholder of Hiawassee militia district; one of whom shall be a resident freeholder of Young Harris militia district; one of whom shall be a resident freeholder of the Town of Young Harris; and one of whom shall be a resident freeholder of the Town of Hiawassee, all in Towns County., so that when so amended, section 2 shall read as follows: Section 2. Towns County Water and Sewerage Authority. There is hereby created a body corporate and politic, to be known as the Towns County Water and Sewerage Authority, which shall be deemed to be a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents or employees. The Authority shall consist of five (5) members, one of whom shall be a resident freeholder of Macedonia-Tate militia district; one of whom shall be a resident freeholder of Hiawassee militia district; one of whom shall be a resident freeholder of Young Harris militia district; one of whom shall be a resident freeholder of the Town of Young Harris; and one of whom shall be a resident freeholder of the Town

Page 2696

of Hiawassee, all in Towns County. The terms of the first members of said Authority shall be as follows: The member appointed from the Young Harris district shall serve until March 31, 1973, the two (2) members appointed from the Town of Hiawassee and Hiawassee district shall serve until March 31, 1974, and the two (2) members appointed from Macedonia-Tate district and the Town of Young Harris shall serve until March 31, 1975. Thereafter all members selected and appointed shall serve for a term of three (3) years and until their successors shall have been selected and appointed. Any members of the Authority may be selected and appointed to succeed themselves. Immediately after such appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Authority shall be filled by the majority vote of the remaining members of said Authority and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairman and one of its members as vice-chairman, and it shall also elect a secretary and treasurer who do not necessarily have to be a member of the Authority and if not a member of the Authority he or she shall have no voting rights. The secretary and treasurer may be the same person in the discretion of the Authority. Three (3) members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be compensated as determined from time to time by the governing authority of Towns County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. The initial members of the Authority shall be the following named persons and each of said persons shall serve as a member of the Authority for the number of years set forth opposite their respective names:

Page 2697

Macedonia-Tate DistrictCarroll UnderwoodThree (3) Years Hiawassee DistrictB. H. AbbottTwo (2) Years Young Harris DistrictJimmy RogersOne (1) Year Town of Young HarrisWilliam T. StewartThree (3) Years Town of HiawasseeJohn D. MarlinTwo (2) Years Thereafter, members shall be appointed by the grand jury of Towns County at the March term of the Supreme Court of said county. In the event the time of convening said March grand jury should be changed, the election of such members of the Authority shall be made at the spring terms of said grand jury but such change shall not affect the time of expiration of the terms of the members of the Authority. Each member so elected shall be elected for a term of three (3) years and until his successor is elected and qualified. The Authority shall meet at least annually in the month of January in each year and at such other times as it may deem necessary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the Towns County Water and Sewerage Authority, approved April 3, 1972 (Ga. L. 1972, p. 3407); and for other purposes. This 13th day of December, 1976. /s/ Ralph Twiggs Representative, 4th District

Page 2698

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oath, 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: December 24, 31, 1976 and January 7, 1977. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 17th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. COLUMBIA COUNTY SUPERIOR COURT CLERK'S COMPENSATION SUPPLEMENTED. No. 48 (House Bill No. 408). An Act to provide for a supplement to the compensation, salary, expenses and allowances of the Clerk of the Superior Court of Columbia County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the compensation, salary, expenses and allowances being received by the Clerk of the Superior Court of Columbia County, such officer shall

Page 2699

receive an annual supplement of $2,500.00 to be paid in equal monthly installments from the funds of Columbia County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, legislation to change the compensation of the Clerk of Superior Court of Columbia County; and for other purposes. This 27th day of December, 1976. Ray D. Owens Representative, 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Owens who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbia News which is the official organ of Columbia County, on the following dates: December 29, 1976 and January 5, 12, 1977. /s/ Ray D. Owens Representative, 77th District Sworn to and subscribed before me, this 17th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977.

Page 2700

CITY OF ATHENS EMPLOYEES' PENSION PLAN ACT AMENDED. No. 49 (House Bill No. 434). An Act to amend an act establishing The Mayor and Council of the City of Athens Employee's 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. 2809 et seq., approved April 3, 1972, No. 1453, H. B. 1233, so as to provide for the voluntary extension of service beyond the normal retirement age by employees wishing to work to age 65, and to further provide that maximum age for membership shall be age 45 for police and fire employees and age 47 for all other city employees; 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 Fund 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. 2809 et seq., approved April 3, 1972, No. 1453, H. B. 1233, is hereby amended by striking from section 4.c: ... Age Fifty (50), and inserting in lieu thereof the following: ... Age Forty-Five (45) years in the case of firemen and policemen and Forty-Seven (47) years for all other city employees, so that section 4.c as amended shall read as follows: Any future employee in order to participate may not have attained the age of Forty-Five (45) years for police and fire

Page 2701

employees and age Forty-Seven (47) for all other city employees, as of the date he first becomes eligible. Section 2. An Act establishing The Mayor and Council of the City of Athens Employees' Pension Plan and approved March 3, 1965, Ga. L. 1965, p. 2117 et seq., No. 49 H.B. 419, is hereby amended by striking from section 8. thereof the following: ... Seventy (70) years, and inserting in lieu thereof the following: Sixty-Five (65) years, so that section 8. as amended shall read as follows: Upon written request by the participant, a participant may elect in lieu of the normal form of year to year basis beyond his normal retirement date up to the age of Sixty-five (65) years. Payments of such participant's retirement pension shall be deferred until his actual retirement date and will be the same amount as would have been paid at his normal retirement date. Section 3. The effective date of the amendments provided by the foregoing sections of this act shall be upon approval by the Governor or its otherwise becoming law. Section 4. All laws and parts of laws in conflict with this act are hereby repealed, provided the effective date of the amendments provided by this Act shall be upon approval by the Governor or its otherwise becoming law. 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 1977 session of the General Assembly of Georgia which would amend the pension plan of The Mayor and Council of the City of Athens as contained

Page 2702

in its charter appearing at Ga. L. 1965, p. 2117 et seq., and the various acts amendatory thereof, with respect to providing that any future employee in order to participate must not have attained the age of 45 years for police and fire employees and 47 years for all other city employees as of the date he first becomes eligible, and to further provide, that upon request of the participant, said participant may continue to work beyond his normal retirement date up to the age of 65 years and for other purposes. This the day of December, 1976. The Mayor and Council of the City of Athens Denny C. Galis City Attorney 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 24, 31, 1976 and January 7, 1977. /s/ Robert W. Chambers Sworn to and subscribed before me, this 28th day of January, 1977. /s/ Frances P. Carter Notary Public, Georgia State at Large. My Commission Expires Aug. 1, 1977. (Seal). Approved February 18, 1977.

Page 2703

UNION COUNTY PROBATE JUDGECOMPENSATION CHANGED. No. 50 (House Bill No. 448). An Act to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved February 27, 1970 (Ga. L. 1970, p. 2182), so as to change the provisions relative to the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved February 27, 1970 (Ga. L. 1970, p. 2182), 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 Judge of the Probate Court of Union County shall receive an annual base salary of $14,000.00 which shall be paid in equal monthly installments from the funds of Union County. Any Judge of the Probate Court of Union County who has held or holds such office for more than one term shall receive an annual salary of $15,000.00 which shall be paid in equal monthly installments from the funds of Union 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2704

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Union County and providing an annual salary for said officer, approved February 27, 1970 (Ga. L. 1970, p. 2182); and for other purposes. This 20 day of December 1976. /s/ Carlton Colwell Representative, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The North Georgia News which is the official organ of Union County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 26th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977.

Page 2705

THOMAS COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 52 (House Bill No. 456). An Act to amend an Act creating a board of commissioners for the County of Thomas, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved August 17, 1911 (Ga. L. 1911, p. 501), an Act approved August 20, 1925 (Ga. L. 1925, p. 761), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2913), so as to change the compensation of the chairman and other members the board of commissioners of Thomas County; to change the rate for reimbursement of car mileage for the chairman and members of the board of commissioners; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for the County of Thomas, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved August 17, 1911 (Ga. L. 1911, p. 501), an Act approved August 20, 1925 (Ga. L. 1925, p. 761), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2913) is hereby amended by striking section 7 thereof in its entirety and substituting in lieu thereof a new section 7, to read as follows: Section 7. The member of the board of commissioners of Thomas County, who is the chairman thereof, shall be compensated in the amount of $275.00 per month and the remaining members of the board shall be compensated in the amount of $175.00 per month, payable monthly. In addition thereto, the chairman and the remaining members of the board shall be reimbursed for all necessary traveling expenses incurred, outside the bounds of Thomas County only. The rate for reimbursement of car mileage shall be fixed by the board at its regular January meeting of each year;

Page 2706

provided, that until the rate is so fixed, the rate shall be 15 cents per mile, when on county business outside of the county. All of such compensation and expenses shall be payable from the funds of Thomas County. The board of commissioners shall submit through their chairman, to the grand jury of the county, at the spring term of the superior court in each year, a statement, in writing, of all matters relating to the financial condition of the county, its roads, bridges, public buildings and paupers, with such suggestions in regard to county affairs as they may deem proper to make. The records of the proceedings of the board shall be open at all times to inspection by any citizen of the county. Each outgoing board shall turn over, at the expiration of their term of office, all records, books, papers, and other property of the county to their successors in office. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws 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, 1977 session of the General Assembly of Georgia a bill to provide for changing the compensation of the commissioners of Thomas County, Georgia; and for other purposes. By authorization of the board of commissioners of Thomas County, Georgia, this the 1st day of December, 1976. Ronald A. Cohen County Attorney for Thomas County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Keyton who,

Page 2707

on oath, deposes and says that he is Representative from the 143rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Thomasville Times-Enterprise which is the official organ of Thomas County, on the following dates: December 10, 17, 24, 1976. /s/ James W. Keyton Representative, 143rd District Sworn to and subscribed before me, this 26th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. IRWIN COUNTY BOARD OF COMMISSIONERS COMPENSATION CHANGED. No. 53 (House Bill No. 459). An Act to amend an Act creating a Board of Commissioners for Irwin County and prescribing and defining their duties, powers and compensation, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3621), so as to change the expense allowance of the chairman of the board of commissioners; to provide an expense allowance for the members of the board of commissioners other than the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Irwin County and prescribing and defining their duties,

Page 2708

powers and compensation, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3621), is hereby amended by striking in section 6 the following: The chairman of said board of commissioners shall also receive a local travel expense of $3,600.00 per year, payable monthly in equal installments, and no, and substituting in lieu thereof the following: The chairman of the board of commissioners shall also receive a local travel expense of $6,000.00 per year, payable monthly in equal installments and the other commissioners shall receive a local travel expense of $2,400.00 per year, payable monthly in equal installments. No, so that when so amended section 6 shall 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 $1,200.00 per year, payable monthly in equal installments. The chairman of the board of commissioners shall receive a salary of $3,000.00 per year, payable monthly in equal installments, and such other necessary expenses as are approved by the board. The chairman of the board of commissioners shall also receive a local travel expense of $6,000.00 per year, payable monthly in equal installments and the other commissioners shall receive a local travel expense of $2,400.00 per year, payable monthly in equal installments. 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. 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.

Page 2709

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly a bill to amend an Act creating the Board of Commissioners for Irwin County, Georgia, approved February 16, 1933, (Ga. L. 1933, p. 571), as amended; and for other purposes. This 4th day of January, 1977. George W. Paulk, Chairman of Board of County Commissioners of Roads Revenues, Irwin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following dates: January 13, 20, 27, 1977. /s/ Ted Hudson Representative, 137th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977.

Page 2710

IRWIN COUNTYSHERIFF'S SPECIAL DEPUTIES' COMPENSATION CHANGED. No. 54 (House Bill No. 460) An Act to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241) as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3123), an Act approved April 3, 1972 (Ga. L. 1972, p. 3473), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3703), so as to change the provisions relative to the compensation of the special 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 Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3123), an Act approved April 3, 1972 (Ga. L. 1972, p. 3473), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3703), is hereby amended by striking in section 15 the following: The special deputies shall be compensated in an amount of not less than $120.00 per month or at a minimum wage as provided by the United States of America, whichever is greater., and substituting in lieu thereof the following: One of the special deputies shall be compensated in an amount of not less than $200.00 per month or at a minimum wage as provided by the United States of America, whichever is greater. One of the special deputies shall be compensated in an amount not less than $120.00 per month or at a minimum wage as provided by the United States of America, whichever is greater.,

Page 2711

so that when so amended section 15 shall read as follows: Section 15. The Sheriff of Irwin County may appoint two special deputies, who shall be qualified under the Georgia law. One of the special deputies shall be compensated in an amount of not less than $200.00 per month or at a minimum wage as provided by the United States of America, whichever is greater. One of the special deputies shall be compensated in an amount not less than $120.00 per month or at a minimum wage as provided by the United States of America, whichever is greater. The special deputies shall be paid in equal monthly installments from the funds of Irwin County. It shall be within the power of the sheriff during his term of office to designate and maintain the persons who shall be so employed as such special deputies, and to prescribe their duties and assignments. The sheriff or the governing authorities may remove such special deputies at any time with or without cause. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly a bill to change the salaries for the Sheriff's Deputies of Irwin County, Georgia; and for other purposes. This 4th day of January, 1977. George W. Paulk, Chairman of Board of County Commissioners of Roads Revenues, Irwin County, Georgia

Page 2712

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following dates: January 6, 13, 20, 1977. /s/ Ted Hudson Representative, 137th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. IRWIN COUNTYSHERIFFSECRETARY'S COMPENSATION CHANGED. No. 55 (House Bill No. 461). An Act to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3123), an Act approved April 3, 1972 (Ga. L. 1972, p. 3473), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3703), so as to change the provisions relative to the compensation of the sheriff's secretary; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2713

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3123), an Act approved April 3, 1972 (Ga. L. 1972, p. 3473), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3703), is hereby amended by striking in section 7 the following: not more than $75.00 per week, and substituting in lieu thereof the following: not more than $100.00 per week, so that when so amended section 7 shall read as follows: Section 7. The governing authority of Irwin County is hereby empowered to authorize the sheriff to employ one secretary of his own choice at a salary of not less than $30.00 per week and not more than $100.00 per week. The exact amount of the salary of the secretary shall be recommended by the sheriff and determined by the governing authority. The secretary shall be paid in equal weekly installments from the funds of Irwin County. The sheriff may discharge such secretary at any time with or without cause. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly a bill to

Page 2714

change the salary for the Secretary to the Sheriff's Office of Irwin County, Georgia; and for other purposes. This 4th day of January, 1977. George W. Paulk, Chairman of Board of County Commissioners of Roads Revenues, Irwin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following dates: January 13, 20, 27, 1977. /s/ Ted Hudson Representative, 137th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. IRWIN COUNTYDEPUTY SHERIFF'S COMPENSATION CHANGED. No. 56 (House Bill No. 462). An Act to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p.

Page 2715

2241), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3123), an Act approved April 3, 1972 (Ga. L. 1972, p. 3473), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3703), so as to change the provisions relative to the salary of the deputy sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3123), an Act approved April 3, 1972 (Ga. L. 1972, p. 3473), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3703), is hereby amended by striking in section 6 the following: $750.00 per month, and substituting in lieu thereof the following: $900.00 per month, so that when so amended section 6 shall read as follows: Section 6. The Sheriff of Irwin County shall appoint one deputy who shall have the same qualifications as the sheriff. The deputy shall be compensated in an amount not less than $300.00 per month and not more than $900.00 per month, the exact amount of his salary to be recommended by the sheriff and determined by the governing authority of Irwin County. The deputy shall be paid in equal monthly installments from the funds of Irwin County. It shall be within the power and authority of the sheriff, during his term of office, to designate and name the person who shall be employed as such deputy and to prescribe his duties and assignments. The sheriff or the governing authority of Irwin County may remove such deputy at any time with or without cause.

Page 2716

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly a bill to change the salaries for the Sheriff's Deputies of Irwin County, Georgia; and for other purposes. This 4th day of January, 1977. George W. Paulk, Chairman of Board of County Commissioners of Roads Revenues, Irwin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following dates: January 6, 13, 20, 1977. /s/ Ted Hudson Representative, 137th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977.

Page 2717

WHITE COUNTY BOARD OF COMMISSIONERS ACT CHANGED. No. 57 (House Bill No. 467). An Act to amend an Act creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), so as to change the provisions relative to the compensation of the chairman and other members of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), 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 chairman of the board of commissioners shall be the presiding officer at all meetings of the board, unless said chairman is absent, in which event one of the other commissioners shall preside at said meeting. (b) The chairman of the board of commissioners shall receive a salary not exceeding $350.00 per month, and the other members of the board shall receive a salary not exceeding $250.00 per month. The amount of such salaries, within the limitations provided herein, shall be set by the board of commissioners and shall be paid from the funds of White 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p.

Page 2718

2993), so as to change the compensation of the chairman and the other two members of said Board of Commissioners; and for other purposes. This 13th day of January, 1977. William J. Dover Representative, 11th District Georgia, White County. At the regular meeting of the duly qualified Commissioners of White County, Georgia, held in the Commissioners' Office at the Courthouse in White County, Georgia, on the 4th day of January, 1977, all of said Commissioners being present, the following business was transacted: After extensive discussion regarding the authority of the County Commissioners to set the salaries of the Chairman and Members of the Commission, upon motion made by Hershel H. Palmer and seconded by Carlton Thurmond, the following resolution was unanimously passed. Be it resolved that the Board of Commissioners of White County, through its Chairman, Harley Brady, notify the Legislative contingent representing White County that said Board of Commissioners hereby authorizes and directs said Legislator to give Notice of his intent to introduce legislature granting the Commissioners of White County authority to set the salaries for its Chairman and Members, at not more than $3,600.00 for its Chairman and not more than $3,000.00 for each Member per annum, by their local act, as they deem necessary. This 4th day of January, 1977. Harley Brady, Chairman Carlton Thurmond, Member Hershel H. Palmer, Member

Page 2719

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County, on the following dates: January 13, 20, 27, 1977. /s/ William J. Dover Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. COLUMBIA COUNTYSHERIFF'S COMPENSATION SUPPLEMENTED. No. 58 (House Bill No. 477). An Act to provide for a supplement to the compensation, salary, expenses and allowances of the Sheriff of Columbia County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the compensation, salary, expenses and allowances being received by the Sheriff of Columbia County, such officer shall receive an annual supplement of $2,500.00 to be paid in equal monthly installments from the funds of Columbia County.

Page 2720

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, legislation to change the compensation of the Sheriff of Columbia County; and for other purposes. This 12th day of January, 1977. 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 County News which is the official organ of Columbia County, on the following dates: January 12, 19, 26, 1977. /s/ Ray D. Owens Representative, 77th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977.

Page 2721

TWIGGS COUNTY SUPERIOR COURTCLERK'S COMPENSATION CHANGED, ETC. No. 59 (House Bill No. 483). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Twiggs 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 for cost-of-living raises; 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 Twiggs 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 not less than $9,000.00 nor more than $16,000.00, the exact amount to be set by the governing authority of Twiggs County. Said annual salary shall be 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

Page 2722

received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Accounting for fees. Section 4. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Personnel. Section 5. In addition to such annual salaries of the clerk and personnel within his office, the governing authority is hereby authorized to provide additional cost-of-living raises for the clerk and other employees provided for in this Act. Section 6. The necessary operating expenses of the clerk of the superior court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and utilities as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at

Page 2723

the sole discretion of the governing authority of Twiggs County. Operating expenses. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1977 session of the General Assembly of Georgia, a bill to place the Clerk of Twiggs Superior Court, on an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county; to provide for collection and periodic statements of all such fees, costs and emoluments; to provide for expenses and personnel of said office; to provide for compensation of personnel of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 7th day of January, 1977. Kenneth W. Birdsong Representative, 103rd District Georgia, Twiggs County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the

Page 2724

official organ of Twiggs County, on the following dates: January 12, 19, and 26, 1977. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me, this 29th day of January, 1977. /s/ Katherine L. Ethridge Notary Public, Georgia State at Large. My Commission Expires August 6, 1979. (Seal). Approved February 18, 1977. TWIGGS COUNTY TAX COMMISSIONERCOMPENSATION AND EXPENSES CHANGED, ETC. No. 60 (House Bill No. 484). An Act to abolish the present mode of compensating the Tax Commissioner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said office; to provide for the compensation for such personnel; to provide for cost-of-living raises; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Tax Commissioner of Twiggs County, known as the fee system,

Page 2725

is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2. The tax commissioner shall receive an annual salary of not less than $9,000.00 nor more than $16,000.00, the exact amount to be set by the governing authority of Twiggs County. Said annual salary shall be payable in equal monthly installments from county funds. Salary. Section 3. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Twiggs 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, and 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. Accounting for fees. Section 4. The tax commissioner shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and

Page 2726

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. In addition to such annual salaries of the tax commissioner and personnel within his office, the governing authority is hereby authorized to provide additional cost-of-living raises for the tax commissioner and other employees provided for in this Act. Section 6. 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 Twiggs County. Operating Expenses. Section 7. This Act shall become effective on July 1, 1977. 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 1977 session of the General Assembly of Georgia, a bill to place the Tax Commissioner of Twiggs County on an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county; to provide for collection and periodic statements of all such fees, costs and emoluments; to provide for expenses and personnel of said office; to provide for compensation of

Page 2727

personnel of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 7th day of January, 1977. Kenneth W. Birdsong Representative, 103rd District Georgia, Twiggs County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 12, 19, and 26, 1977. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me, this 29th day of January, 1977. /s/ Katherine L. Ethridge Notary Public, Georgia State at Large. My Commission Expires August 6, 1979. (Seal). Approved February 18, 1977. TWIGGS COUNTY PROBATE COURTMANAGEMENT CHANGES. No. 61 (House Bill No. 485). An Act to abolish the present mode of compensating the Judge of the Probate Court of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary;

Page 2728

to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide for cost-of-living raises; to provide an effective dates; 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 Twiggs 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 not less than $9,000.00 nor more than $16,000.00, the exact amount to be set by the governing authority of Twiggs County. Said annual salary shall be payable in equal monthly installments from county funds. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate 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. Accounting for fees.

Page 2729

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. Employees. Section 5. In addition to such annual salaries of the judge of the probate court and personnel within his office, the governing authority is hereby authorized to provide additional cost-of-living raises for the judge of the probate court and other employees provided for in this Act. Section 6. The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and utilities 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 Twiggs County. Operating Expenses. Section 7. This Act shall become effective on July 1, 1977. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2730

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to place the Judge of the Probate Court of Twiggs County, formerly known as the Ordinary of Twiggs County, on an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county; to provide for collection and periodic statements of all such fees, costs and emoluments; to provide for expenses and personnel of said court; to provide for compensation of personnel of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 7th day of January, 1977. Kenneth W. Birdsong Representative, 103rd District Georgia, Twiggs County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 12, 19, and 26, 1977. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me, this 29th day of January, 1977. /s/ Katherine L. Ethridge Notary Public, Georgia State at Large. My Commission Expires August 6, 1979. (Seal). Approved February 18, 1977.

Page 2731

STATE COURT OF COFFEE COUNTY ACT AMENDED. No. 62 (House Bill No. 494). An Act to amend an Act establishing the State Court of Coffee County, approved August 19, 1919 (Ga. L. 1919, p. 464), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3862), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2498), so as to change the compensation of the judge and of the solicitor of the court; to provide for the number and selection of jurors in said court; to provide for payment of expenses of the judge and solicitor; 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 the State Court of Coffee County, approved August 19, 1919 (Ga. L. 1919, p. 464), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3862), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2498), is hereby amended by striking from section 4 thereof the figure and symbol, $6,000.00, and substituting in lieu thereof the figure and symbol, $9,600.00, so that when so amended section 4 shall read as follows: Section 4. Be it further enacted, that there shall be a judge of said court who shall be elected by the qualified voters of Coffee County, Georgia, at a special election hereinafter provided for, who shall hold office from the date of his qualification until January 1, 1921, or until his successor is elected and qualified. All vacancies in the office of judgeship shall be filled by appointment by the Governor for the residue of the unexpired term, such appointment

Page 2732

being subject to the approval of the Senate, which may be then in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said State Court of Coffee County shall receive an annual salary of $9,600.00, payable in equal monthly installments from the funds of Coffee County. Judge Section 2. Said Act is further amended by striking from the second paragraph of section 10 thereof the words and symbols, Beginning the first day of March, 1965, the, and substituting in lieu thereof the word, The, and by striking the figure and symbol, $5,000.00, and substituting in lieu thereof the figure and symbol, $9,300.00, and by striking the words and symbol, After said dates, the, and substituting in lieu thereof the word, The, so that when so amended the second paragraph of section 10 shall read as follows: The solicitor of the State Court of Coffee County shall receive an annual salary of $9,300.00, payable in equal monthly installments from the funds of Coffee County. Said salary shall be paid monthly out of the treasury or depository of Coffee County, Georgia, by the officer of officers

Page 2733

having in charge the fiscal affairs of said county. The amount of all fees to which the solicitor would be entitled and the portion of the fines and forfeitures arising in said State Court of Coffee County to which he would be entitled had this amendment not been enacted, shall be paid into the treasury of Coffee County, Georgia. Solicitor's Salary. Section 3. Said Act is further amended by striking section 30 thereof in its entirety, and substituting in lieu thereof the following: Section 30. (a) At such trial session of said court, the judge shall, from the petit jurors drawn and summoned, cause to be made up a panel of twelve jurors. All cases and issues to be tried by jury at said trial session, whether civil or criminal, shall be tried by a jury stricken from said jury of twelve. If from any cause said panel should be reduced below twelve, the judge shall cause the panel to be filled by tales jurors to the number of twelve. In all criminal cases tried in said court, the defendant shall be entitled to four preemptory challenges, and the State shall be entitled to two. In all civil cases the plaintiff shall be entitled to three preemptory challenges. Jurors. (b) In all civil cases where the principal amount at issue is in excess of $10,000.00, either party may request in writing at any time within 60 days of the filing of the petition a request for a panel of twenty-four jurors. When said request is filed within 60 days of the filing of the petition, the judge shall, from the petit jurors drawn and summoned, cause to be made up a panel of twenty-four. If from any cause said panel should be reduced below twenty-four, the judge shall cause the panel to be filled by tales jurors to the number of twenty-four. In said civil cases, the plaintiff and the defendant shall each be entitled to six preemptory challenges. (c) All laws and rules both civil and criminal, regulating the selection and payment of juries in the superior courts shall apply to said court except where they are inconsistent with the terms of this Act.

Page 2734

Section 4. Said Act is further amended by adding two new sections between sections 31 and 32 thereof, to be designated sections 31A and 31B, respectively, to read as follows: Section 31A. In lieu of the expenses of the judge of said court, a minimum of $200.00 per month shall be paid to the judge of said court as an expenses allowance, unless a larger amount is agreed upon. Section 31B. (a) In lieu of the expenses of the solicitor of said court, an expense allowance shall be paid to the solicitor of said court on the following increments of volume: Expenses. (1) Less than 150 cases handled per month, $300.00 minimum per month. (2) One hundred fifty to 200 cases handled per month, $400.00 minimum per month. (3) Two hundred to 250 cases handled per month, $500.00 minimum per month. (4) Two hundred fifty to 300 cases handled per month, $600.00 minimum per month. (5) In excess of 300 cases to be handled per month, an amount of additional expense allowance to be determined by agreement. (b) The expense allowance shall be paid to the solicitor of said court monthly upon certification of increment of volume by the judge, solicitor, or clerk of said court. (c) The term `cases handled', as used in this section, shall include warrants, bench warrants, probation warrants, accusations, citations, and condemnations whether disposed of by trial (with or without a jury), hearing, plea, nolle proseque, dismissal, or sale. Section 5. This Act shall become effective on the first

Page 2735

day of the month following the month in which it is approved by the Governor or in which it becomes a law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act establishing the State Court of Coffee County, approved August 19, 1919 (Ga. L. 1919, p. 464), as amended, so as to change the compensation of the judge and of the solicitor of the court; to provide for payment of expenses of the judge and solicitor; to provide for the number and selection of jurors in said court; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1977. /s/ Paul W. Foster Representative, 152nd District /s/ Bobby A. Wheeler Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice Intention to Introduce Local Legislation was published in the

Page 2736

Coffee County Progress which is the official organ of Coffee County, on the following dates: January 5, 12, and 19, 1977. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. LOWNDES COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 63 (House Bill No. 525). An Act to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), so as to change the jurisdiction of said court; to change the method of appointment of the judge; to change the fees charged in said court; to provide for additional fees; to change the method of establishing rules of procedure in said court; to change the provisions relating to providing space for the court; to provide for an audit of the court; to require the judge of said court to be bonded; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), is hereby amended by striking from section 1 the following: Jurisdiction.

Page 2737

five hundred dollars ($500.00), and substituting in lieu thereof the following: $1,500, so that when so amended section 1 shall read as follows: Section 1. There is hereby created and established in Lowndes County a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,500; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The judge of said court shall be appointed by the senior judge of the superior court of Lowndes County, shall be a resident of Lowndes County, and shall serve for a term of office of four years and until his successor is duly appointed and equalified. Judge. Section 3. Said Act is further amended by striking from section 3 the word the, as it appears between the words office and judge, and substituting in lieu thereof the word any, so that when so amended, section 3 shall read as follows: Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, any judge of the superior court of the county or any judge of a State court located in said county on application of any

Page 2738

party or the said judge of the Small Claims Court who is unable to act, shall perform such duties and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid of the judge unable to act. Disability. Section 4. Said Act is further amended by adding at the end of section 5 the following: Judge's Remuuneration. ,except as is provided otherwise in section 8, so that when so amended, section 5 shall read as follows: Section 5. All fees collected by the judge as herein authorized shall be retained by him as his sole remuneration, except as is provided otherwise in section 8. Section 5. 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: Costs. Section 8. The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule hereinafter set forth, which shall cover all costs of the proceedings up to and including the rendering of the judgement, except the cost of serving process or notice to the defendants. 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. The sum to be deposited by the plaintiff with the court when the amount of the claim is $500 or less shall be $10. When the amount of the claim is more than $500, but less than $1,001, the amount of the deposit shall be $15. When the amount of the claim is more than $1,001, the amount of the deposit shall be $20. In addition to the above costs, the plaintiff shall file with the court, when his claim is filed,

Page 2739

an additional sum in the amount of $1.50, which sum shall be remitted by the court to the board of commissioners of Lowndes County to offset the costs of providing for an annual audit and the other expenses of the court which are met from the funds of Lowndes County. Section 6. Said Act is further amended by inserting between sections 8 and 9 a new section 8A, to read as follows: Audit. Section 8A. Each year the board of commissioners of Lowndes County shall cause an audit of the books and accounts of the court to be performed by the county auditor. A copy of the audit report shall be recorded with the clerk of the superior court and an additional copy shall be sent to and retained by the board of commissioners and an additional copy shall be presented to the Lowndes County grand jury. Section 7. Said Act is further amended by striking from the first paragraph of section 12 the following: The judge of the superior court presiding in such county, and substituting in lieu thereof the following: The Lowndes County grand jury, so that when so amended, the first paragraph of section 12 shall read as follows: Section 12. The Lowndes County grand jury may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Grand Jury. Section 8. Said Act is further amended by striking in its entirety the last sentence of the first paragraph of section 19 and substituting in lieu thereof the following:

Page 2740

The board of commissioners of Lowndes County shall provide the court with the necessary space and facilities in order that the court may conduct its business. Section 9. Said Act is further amended by striking from section 22 the following: Fees. four dollars and three ($3.00) dollars, and substituting in lieu thereof the following: $5.00, so that when so amended, section 22 shall read as follows: Section 22. The fee of bailiff for the execution of a fi. fa. shall be $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. Section 10. Said Act is further amended by striking in its entirety section 24 and substituting in lieu thereof the following: Section 24. Any person serving as judge of said court shall furnish, at county expense, a surety bond in the amount of $50,000, payable to the board of commissioners of Lowndes County and conditioned upon the true and faithful performance of the duties of said judge. Judge's Bond. Section 11. The initial judge appointed pursuant to the provisions of section 2 of this Act shall serve as such until December 31, 1980. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia,

Page 2741

a bill to amend the Small Claims Court of Lowndes County; and for other purposes. This 4th day of January, 1977. James M. Beck Representative, 148th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following dates; January 7, 14, 21, 1977. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. MORGAN COUNTYCERTAIN COUNTY OFFICERS' COMPENSATION CHANGED. No. 64 (House Bill No. 539). An Act to amend an Act placing certain of the county officers of Morgan County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2518), as amended,

Page 2742

particularly by an Act approved March 11, 1975 (Ga. L. 1975, p. 2682), so as to change the provisions thereof relative to the compensation of the assistants of the Clerk of the Superior Court of Morgan County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Morgan County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2518), as amended, particularly by an Act approved March 11, 1975 (Ga. L. 1975, p. 2682), is hereby amended by striking from section 2 the following: , provided, however, that the total amount of compensation paid for such assistants from the funds of Morgan County shall be not less than four thousand dollars ($4,000) per annum and not more than six thousand dollars ($6,000) per annum, as shall be determined by the clerk., and inserting in lieu thereof the following: . The governing authority of Morgan County shall fix the compensation of each assistant., so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Morgan County shall be compensated in the sum of twelve thousand dollars ($12,000) per annum, to be paid in equal monthly installments from the funds of Morgan County. The Clerk is hereby authorized to employ such deputies or other clerical assistants as may be necessary for the efficient operation of his office and the compensation of such assistants shall be paid from the funds of Morgan County. The governing authority of Morgan County shall fix the compensation of each assistant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2743

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend the Act placing the Clerk of the Superior Court of Morgan County upon an annual salary, so as to change certain of the provisions therein pertaining to the Deputy Clerk; and for other purposes. This 30 day of December, 1976. /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: January 6, 13, and 20, 1977. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1980. (Seal). Approved February 18, 1977.

Page 2744

SUPERIOR COURT OF TALBOT COUNTYCLERK'S COMPENSATION CHANGED. No. 65 (House Bill No. 560). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Clerk of the Superior Court of Talbot 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 $9,000, payable in equal monthly installments from county funds. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the Clerk of the Superior Court shall furnish the governing authority of the county a detailed,

Page 2745

itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The Clerk of the Superior Court may, from time to time, recommend to the governing authority of said county the employment of such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. It shall be within the sole discretion of the governing authority of said county to fix the compensation of such employees so recommended and employed. Employees. Section 5. The necessary operating expenses of the Clerk of the Superior Court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Talbot County. Operating Expenses. Section 6. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to place the Clerk of the Superior Court of Talbot County on a salary; and for other purposes.

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This 20th day of December, 1976. 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 Talbotton New Era which is the official organ of Talbot County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. STATE COURT OF WORTH COUNTYJUDGE'S AND SOLICITOR'S COMPENSATION CHANGED. No. 66 (House Bill No. 563). An Act to amend an Act establishing a State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved February 23, 1965 (Ga. L. 1965, p. 2062), so as to change the salary

Page 2747

of the judge and the solicitor of said court; to repeal conflicting laws; and for other purposes. Be ie enacted by the General Assembly of Georgia: Section 1. An Act establishing a State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved February 23, 1965 (Ga. L. 1965, p. 2062), 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 Judge of the State Court of Worth County shall receive a salary of eight hundred dollars ($800.00) per month, payable on the first day of each calendar month out of the funds of Worth County. Section 2. Said Act is further amended by striking section 9, to read as follows: Section 9. The Solicitor of the State Court of Worth County shall receive a salary of seven hundred dollars ($700.00) per month, payable on the first day of each calendar month out of the funds of Worth County. Said salary shall be his full compensation, except such fees as he receives from the State for services rendered in the Court of Appeals in criminal cases appealed from said State court. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that legislation will be applied for during the present 1977 session of the Georgia Legislature changing and fixing the salary of the Judge and the Solicitor of the State Court of Worth County, Georgia. This the 11th day of January, 1977. Clarence A. Miller Attorney at Law

Page 2748

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local which is the official organ of Worth County, on the following dates: January 13, 20, 27, 1977. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. UPSON COUNTYJUDGE OF PROBATE COURTCOMPENATION CHANGED. No. 67 (House Bill No. 569). 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, 1966 (Ga. L. 1966, p. 2091), as amended, so as to increase the compensation of the Judge of the Probate Court of Upson 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 Upson County upon an annual salary in lieu of the fee

Page 2749

system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2091), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The method of compensating the Judge of the Probate Court of Upson County, known as the fee system, is hereby abolished and in lieu thereof the said judge shall receive a salary of twelve thousand five hundred dollars ($12,500.00) per annum, payable in equal monthly installments from the funds of Upson County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of any nature whatsoever heretofore allowed as compensation to the said judge, regardless of the capacity in which said judge's services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered; provided, however, that notwithstanding any other provision hereof, the said judge of the probate court shall also be entitled to receive, in addition to the salary herein provided, the additional salary allowed to judges of probate courts for conducting elections and for being responsible for traffic cases authorized by section 2 of an Act providing minimum salaries for ordinaries, approved March 21, 1974 (Ga. L. 1974, p. 455), as now or hereafter amended; and provided, further, that said judge of the probate court shall also be entitled to receive annual increases in salary authorized by section 3 of said 1974 Act, as now or hereafter amended. Section 2. The salary payments due said judge of the probate court for that portion of the calendar year 1977 remaining after the effective date of this Act shall be increased proportionately so that he shall receive a total of $12,500.00 during the calendar year 1977. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2750

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a local bill to increase the compensation of the Judge of the Probate Court of Upson County; to provide an effective date therefor; to repeal conflicting laws; and for other purposes. This 6th day of January, 1977. /s/ D. Marvin Adams Representative in the General Assembly for the 79th House District of Georgia /s/ Peter L. Banks Senator in the General Assembly for the 17th Senatorial District of Georgia Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared D. Marvin Adams, who on oath, says that he is the Representative of the 79th House District of Georgia; that he is the author of the above and foregoing local legislation; that legal notice, a true copy of which is hereinabove attached, being a notice of intention to apply for local legislation, was published in The Thomaston Times once a week for three (3) weeks, as required by law, which said dates of publication were January 6, 1977, January 13, 1977, and January 20, 1977; and that said newspaper is a newspaper of general circulation published in the City of Thomaston, Upson County, Georgia, and is the newspaper

Page 2751

in which Sheriff's advertisements for Upson County, Georgia, are published. /s/ D. Marvin Adams Representative in the General Assembly for the 79th House District of Georgia Sworn to and subscribed before me, this 22nd day of January, 1977. /s/ Ronald Barfield Notary Public, Upson County, Ga. My Commission Expires Jan. 14, 1978. (Seal). Approved February 18, 1977. UPSON COUNTYCOMPENSATION OF SHERIFF CHANGED. No. 68 (House Bill No. 570). An Act to amend an Act providing for the compensation of the Sheriff of Upson County and providing for said salary to be in lieu of the fee system of compensation, approved April 14, 1975 (Ga. L. 1975, p. 2846), so as to increase the annual salary of the Sheriff of Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Sheriff of Upson County and providing for said salary to be in lieu of the fee system of compensation, approved April 14, 1975 (Ga. L. 1975, p. 2846), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows:

Page 2752

Section 1. The annual salary of the Sheriff of Upson County shall be $17,000.00, payable in equal monthly installments from the funds of Upson County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of any nature whatsoever heretofore allowed as compensation to said sheriff, regardless of the capacity in which the services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. Section 2. The salary payments due said sheriff for that portion of the calendar year 1977 remaining after the effective date of this Act shall be increased proportionately so that he shall receive a total of $17,000.00 during the calendar year 1977. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1977 session of the General Assembly of Georgia a local bill to repeal section 1. of Georgia Laws, 1975 session, pages 2846, et. seq., which section of said law fixes the amount of compensation of the Sheriff of Upson County so as to increase the annual compensation of the Sheriff of Upson County; to repeal conflicting laws; and for other like purposes. This 6th day of January, 1977. /s/ D. Marvin Adams Representative in the General Assembly for the 79th House District of Georgia

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Georgia, Upson County: Before me, the undersigned officer authorized to administer oaths, personally appeared D. Marvin Adams, who, on oath, says that he is the Representative of the 79th House District of Georgia; that he is the author of the above and foregoing local legislation; that legal notice, a true copy of which is hereinabove attached, being a notice of intention to apply for local legislation, was published in The Thomaston Times once a week for three (3) weeks, as required by law, which said dates of publication were January 6, 1977, January 13, 1977, and January 20, 1977; and that said newspaper is a newspaper of general circulation published in the City of Thomaston, Upson County, Georgia, and is the newspaper in which Sheriff's advertisements for Upson County, Georgia, are published. /s/ D. Marvin Adams Representative in the General Assembly for the 79th House District of Georgia Sworn to and subscribed before me, this 22nd day of January, 1977. /s/ Ronald Barfield Notary Public, Upson County, Ga. My Commission Expires Jan. 14, 1978. (Seal). Approved February 18, 1977. MONROE COUNTYCOMPENSATION OF SHERIFF CHANGED. No. 69 (House Bill No. 577). An Act to amend an Act to abolish the present method of compensating the Sheriff of Monroe County, approved February 28, 1966 (Ga. L. 1966, p. 2715), so as to provide

Page 2754

for a budget for the sheriff; to provide for arbitration concerning budget disputes; to strike certain provisions in conflict with the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the present method of compensating the Sheriff of Monroe County, approved February 28, 1966 (Ga. L. 1966, p. 2715), is hereby amended by striking sections 5 and 6 in their entirety and inserting in lieu thereof new sections 5 and 6 to read as follows: Section 5. The sheriff shall have the authority to appoint a chief deputy and such deputies, clerks, assistants and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. The sheriff shall at least ninety days before the first day of January of each year, but within thirty days after the approval of this Act for the initial budget, recommend to the governing authority of Monroe County the number of such personnel needed by his office, together with the suggested compensation to be paid each employee, and a proposed budget covering the costs of operating said office for the next ensuing year. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate and name the person or persons who shall be employed as chief deputy, 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 6. In the event the governing authority of Monroe County shall refuse or fail to approve the budget or in case of a disagreement arising between said officer and the governing authority over the salaries, the sheriff shall be authorized to appeal to the Grand Jury of Monroe County. Said grand jury shall then fix the disputed salary

Page 2755

or salaries and all other matters included in said appeal. The determination made by said grand jury shall be final. Section 2. Said Act is further amended by striking sections 7, 8, 9, 10, 11, 16, 17, 18, and 19 in their entirety. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his aproval. 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 1977 session of the General Assembly of Georgia, an Act to amend an Act to abolish the present method of compensating the Sheriff of Monroe County; to provide for a budget for the sheriff; to provide for arbitration concerning budget disputes; to strike certain provisions of this Act; to provide an effective date; and for other purposes. This 3rd day of January, 1977. /s/ Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administed oaths, Benson Ham who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of

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Monroe County, on the following dates: January 5, 12, 19, 1977. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. AVONDALE ESTATES DEVELOPMENT AUTHORITY CREATED. No. 70 (House Bill No. 621). An Act to create the Avondale Estates Development Authority; to provide for the appointment of the members of the Authority; to create the Avondale Estates District; to provide for the powers of the Authority; to authorize the Authority to issue revenue bonds; to provide the procedures connected with all of the foregoing; to repeal conflicting law; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in and for the City of Avondale Estates the Avondale Estates Development Authority, hereinafter referred to as the Authority. Creation. Section 2. The Authority shall be composed of the following members: Ex officio the Mayor of the City of Avondale Estates who shall be the Chairman of the Authority. The Board of Mayor and Commissioners of the City of Avondale

Page 2757

Estates shall appoint four members to the Authority as follows: two of the members shall be individuals who shall own property within the Avondale Estates District hereinafter provided for, and two members who shall be electors of the City of Avondale Estates. The Board of Commissioners of DeKalb County shall appoint to the Authority one additional member who shall be a nonvoting member of the Authority. All members of the Authority, except ex officio members, shall serve at the pleasure of the Mayor and Board of Commissioners of the City of Avondale Estates. Members. The Mayor shall serve as Chairman of the Authority during his term as Mayor of the City of Avondale Estates. At the time of appointment of the first members, one member from the Avondale Estates District and one member from the electorate of the City of Avondale Estates shall serve for initial terms of two years, and one member from the Avondale Estates District and one member from the electorate of the City of Avondale Estates shall serve for initial terms of four years and thereafter for staggered terms of four years. Section 3. There is hereby created within the City of Avondale Estates the Avondale Estates District which shall be composed of all that territory embraced within the following description: All that tract or parcel of land lying and being in the City of Avondale Estates, Georgia, and being more particularly described as follows: All that tract and parcel of land within the following boundary: Avondale District defined. The complete right-of-way for South Avondale Road/US 278 between its intersection to the east with Ashton Place and its intersection to the west with Olive Street; complete right-of-way for Olive Street between its intersection to the south with S. Avondale Road/US 278 to the north with the southern right-of-way line of the Georgia Railroad; thence continuing in a northeasterly direction along said southerly right-of-way line a distance of thirteen hundred and forty (1340) feet, more or less, to its intersection with the easterly right-of-way of Oak Street; thence in a southerly direction along the easterly side of Oak Street

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to a point located a distance of two hundred and ninety (290) feet, more or less, from the intersection of the easterly right-of-way line of Oak Street and the southerly right-of-way of the Georgia Railroad; thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage Mill a distance of two hundred (200) feet, more or less, to the intersection of this property line and the westerly side of Lake Street, were Lake Street extended in a straight line to intersect with said property line; thence in a straight line in a northeasterly direction along the original designated northerly right-of-way line of Green Street and/or the southerly property line of the Georgia Duck and Cordage Mill a distance of four hundred and eighty (480) feet, more or less, to a point; thence in a southeasterly direction a distance of two hundred and thirty (230) feet, more or less, to an intersection with the northerly right-of-way of Parry Street; thence in a northeasterly direction along the northerly right-of-way of Parry Street a distance of four hundred and five (405) feet, more or less, to its intersection with the easterly right-of-way of Laredo Drive; thence in a southeasterly direction along the easterly right-of-way of Laredo Drive a distance of one hundred and twenty-five (125) feet, more or less, to its intersection with the easterly right-of-way of North Clarendon Avenue (formerly Stone Mountain Road); the complete right-of-way of North Clarendon Avenue from its intersection with Laredo Drive to the north and continuing to its intersection with the northern city limit line to the south; the city limit line from its intersection with North Clarendon Avenue to the west and continuing to its intersection with Ashton Place to the east; and finally the complete right-of-way of Ashton Place from its intersection with the city limit line on the north and continuing to its interesection with South Avondale Road/US 278 to the south. Said tract being that same tract as delineated by that map on file with the City Clerk of the City of Avondale Estates entitled Boundaries of the Avondale Estates District and dated February 15, 1977.

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Section 4. The Authority shall have all the powers, immunities and tax exemptions granted under Ga. L. 1969, p. 137, as the same may be amended from time to time, and in addition thereto shall have the power: (1) to buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to, machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the Avondale Estates District; Powers. (2) to receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures; (3) to grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment with the Avondale Estates District, which in the judgment of the governing body of the Authority will be of benefit to the economic improvement and development of said district or area; (4) to borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto; (5) to appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act; (6) to encourage and promote the economic improvement, development and rehabilitation of the Avondale Estates District and to make long-range plans therefor in cooperation with the planning departments of the City of Avondale Estates and DeKalb County;

Page 2760

(7) to designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred; (8) to do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this Act and the rights, powers and privileges herein conferred; (9) to adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary; (10) to acquire any property by condemnation which shall be necessary for the Authority's purposes to be effectuated, such condemnation to be effected by and through the City of Avondale Estates. Section 5. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Avondale Estates within the meaning of Article IX, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, and funds of the city. Revenue Bonds. Section 6. The Authority is hereby authorized to issue revenue bonds or obligations, from time to time, to carry out the purposes of this Act. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority, in determining the cost of any undertaking for which revenue bonds or obligations are to be issued, may include all costs relative to the issuance thereof and, without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction

Page 2761

and for six months after such construction; and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bind said governing body then in office and its successors thereof. Such bonds issued by said Authority shall be validated in the Superior Court of DeKalb County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. L. 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds or obligations which the Authority may issue. Section 7. The Authority hereby created is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of such Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this law, and for such reasons, the State covenants with the holders from time to time of the bonds issued hereunder that such Authority shall be required to pay no taxes or assessments imposed by the State or DeKalb County or the City of Avondale Estates upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of fees, recording fees, rentals, charges, purchase price, installments or otherwise, and that the bonds of such Authority, their transfer and the income therefore shall at all times be exempt from taxation within

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the State. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. Section 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 1977 session of the General Assembly of Georgia, a bill to provide for the establishment of a development authority in Avondale Estates; to amend the city charter of Avondale Estates; to annex certain property; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 13th day of January, 1977. Eleanor L. Richardson Representative, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor L. Richardson who, on oath, deposes and says that he is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 13, 20, and 27, 1977. /s/ Eleanor L. Richardson Representative, 52nd District Sworn to and subscribed before me, this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977.

Page 2763

CITY OF AVONDALE ESTATESCORPORATE LIMITS CHANGED. No. 71 (House Bill No. 622). An Act to amend an Act incorporating the City of Avondale Estates, approved August 25, 1927 (Ga. L. 1927, p. 813), as amended, particularly by an Act approved March 28, 1969 (Ga. L. 1969, p. 2437), 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 Avondale Estates, approved August 25, 1927 (Ga. L. 1927, p. 813), as amended, particularly by an Act approved March 28, 1969 (Ga. L. 1969, p. 2437), 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. The inhabitants within the corporate limits and boundaries thereinafter described in DeKalb County, Georgia, shall be and continue a body politic and corporate under the name of `City of Avondale Estates', and as such shall have perpetual succession. The said corporate limits of the City of Avondale Estates shall embrace the territory within the following boundary to wit: Beginning at the southeast corner of land lot 248 of the 15th district of originally Henry now DeKalb County, Georgia, thence west along the south line of land lot, five hundred sixty-nine (569) feet to a southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west fourteen hundred eighty-four (1,484) feet along said Hill line to the south side of the present Avondale Road (said Avondale Road being the same road as the former Stone Mountain Road); thence westerly along the south side of Avondale Road a distance of three hundred and thirty (330) feet, more or less, to the westerly side of Olive Street; thence in a northerly

Page 2764

direction along the westerly side of Olive Street if Olive Street were extended in a straight line a distance of eight hundred ten (810) feet, more or less, to its projected intersection with the southerly right-of-way line of the Georgia Railroad; thence continuing in a northeasterly direction along said southerly right-of-way line a distance of thirteen hundred and forty (1340) feet, more or less, to its intersection with the easterly right-of-way of Oak Street; thence in a southerly direction along the easterly side of Oak Street to a point located a distance of two hundred and ninety (290) feet, more or less, from the intersection of the easterly right-of-way line of Oak Street and the southerly right-of-way of the Georgia Railroad; thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage Mill a distance of two hundred (200) feet, more or less, to the intersection of this property line and the westerly side of Lake Street, were Lake Street extended in a straight line to intersect with said property line; thence in a straight line in a northeasterly direction along the original designated northerly right-of-way line of Green Street and/or the southerly property line of the Georgia Duck and Cordage Mill a distance of four hundred and eighty (480) feet, more or less, to a point; thence in a southeasterly direction a distance of two hundred and thirty (230) feet, more or less, to an intersection with the northerly right-of-way of Parry Street; thence in a northeasterly direction along the northerly right-of-way of Parry Street a distance of four hundred and five (405) feet, more or less, to its intersection with the easterly right-of-way of Laredo Drive; thence in a southeasterly direction along the easterly right-of-way of Laredo Drive a distance of one hundred and twenty-five (125) feet, more or less, to its intersection with the easterly right-of-way of North Clarendon Avenue (formerly Stone Mountain Road); thence southwesterly along the easterly side of North Clarendon Avenue to a point three hundred and fifty (350) feet, more or less, from the northerly side of Avondale Road; thence southeasterly in a straight line to a point on the westerly side of Ashton Place, said point being two hundred twenty-five (225) feet northerly measured along the westerly line of said Ashton Place from the southerly line of Melford Place produced westerly

Page 2765

across said Ashton Place; thence east along said produced line across Ashton Place and following the south line of Melford Place and continuing beyond east end of said Melford Place to the east line of land lot 249 of said district; thence south along said east line of land lot 249 to the center of Covington Road; thence easterly along the center of Covington Road to the center line of Stratford Road; thence southwesterly on a curved line following the center line of said Stratford Road to the center line of Kensington Road; thence westerly along the center line of Kensington Road to the point in said center line where the lines between lots 41 and 42 in block 20 of said Avondale Estates plat, produced northerly, intersects said center line of Kensington Road; thence southwesterly along said produced line and the line between lots 41 and 42 in block 20, one hundred eighty-five and three-tenths (185.3) feet to the northeasterly corner of lot 4 of said block; thence in a southerly direction along the rear lines of lots 4 to 21 both inclusive in block 20, continuing across sidewalk between blocks 20 and 21 and along the rear lines of lots 1 to 13 both inclusive in block 21 of said plat; thence continuing across Wiltshire Drive and along the lines of lots 1 to 3 of block 22, a distance of one hundred eighty (180) feet; thence northeast along the north side of lot 61 of block 22 to the western side of Stratford Road; thence in a southerly direction along the west side of Stratford Road to the southeast corner of lot 57 of block 22; thence southwest along the south side of lot 57 of block 22 to said lots' southwest corner; thence southwesterly on a straight line two hundred ten (210) feet to a point on the south line of said land lot 231, said point being two hundred sixty-five (265) feet east measured along said land lot line from the southwest corner of said land lot 231; thence west along the south line of said land lot 231 two hundred sixty-five (265) feet to the southwest corner thereof; thence continuing west along the south line of land lot 232 to a point where the south line of the said land lot 232 intersects the west side of Clarendon Avenue; thence south along the west side of Clarendon Avenue (also known as Clarendon Road) to a point on the west side of Clarendon Avenue, said point being located four hundred fifty-eight and six-tenths (458.6) feet north of the intersection of the west side of Clarendon

Page 2766

Avenue and the north side of Columbia Drive; thence west four hundred fifty (450) feet more or less to a point located on the west line of land lot 217, said point being located four hundred fifty-eight and six-tenths (458.6) feet north of the intersection of the west line of land lot 217 with the north side of Columbia Drive; thence north along the west line of land lot 217 to the northwest corner of said land lot 217; thence east along the north line of land lot 217 one hundred five (105) feet to a point; thence north parallel with the west line of said land lot 232 and one hundred five (105) feet east therefrom to a point on the north line of said land lot 232 one hundred five (105) feet east from the northwest corner of said land lot 232; thence west along the north line of said land lot 232, one hundred five (105) feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide for the establishment of a development authority in Avondale Estates; to amend the city charter of Avondale Estates; to annex certain property; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 13th day of January, 1977. Eleanor L. Richardson Representative, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor L. Richardson who, on oath, deposes and says that he is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 2767

Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 13, 20, and 27, 1977. /s/ Eleanor L. Richardson Representative, 52nd District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. GLASCOCK COUNTYSHERIFF'S COMPENSATION CHANGED, ETC. No. 72 (House Bill No. 680). An Act to amend an Act abolishing the fee system for the Sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2181), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3329), so as to change certain provisions relating to the sheriff's furnishing an automobile and receiving compensation therefor; to authorize the governing authority to purchase, equip and maintain an automobile for use by the sheriff; to authorize payment of actual expenses outside the territorial limits of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system for the Sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 218), as amended, particularly by an Act approved April

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17, 1973 (Ga. L. 1973, p. 3329), is hereby amended by striking from section 5 thereof the following: The sheriff shall furnish at his own expense such motor vehicles as shall be needed by his office. For the purpose of operating and maintaining said vehicles, Glascock County shall make available to the sheriff $1,800.00 per annum, payable to the sheriff in equal monthly installments., so that when so amended section 5 shall read as follows: Section 5. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Glascock County. Compensation and supplies. Section 2. Said Act is further amended by adding immediately following section 5 thereof, two new sections, to be designated sections 5A and 5B, respectively, to read as follows: Section 5A. The governing authority of Glascock County is authorized to purchase one automobile equipped with the necessary communication devices and other special equipment commonly on or in automobiles which are used by law enforcement officers for the use of law enforcement and other purposes in Glascock County in such manner and pursuant to such regulations as said governing authority may determine. The governing authority of Glascock County is also authorized to purchase a replacement for said automobile at such time as it may determine and to dispose of the replaced vehicle in such manner as it deems most advantageous to Glascock County. The governing authority of Glascock County is further authorized to provide for the cost of all repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation

Page 2769

of the automobile authorized to be purchased herein. The funds for the purchase of the automobile and for the payment of the supplies, equipment and maintenance as herein provided shall be payable from the funds of Glascock County. Motor vehicles. Section 5B. The sheriff and his deputy, in addition to any other compensation provided, shall receive actual expenses when out of the territorial limits of Glascock County attending official business or on business of the county as may be authorized by the governing authority thereof. The funds for payment of such expenses shall be payable from the funds of Glascock County. Expenses. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1977 session of the General Assembly of Georgia, a bill to provide for certain changes concerning the Sheriff's automobile for the Sheriff of Glascock County; to provide for expenses; to repeal conflicting laws and for other purposes. Jimmy Lord Representative 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord 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

Page 2770

the Gibson Record which is the official organ of Glascock County, on the following dates: January 14, 21 and 28, 1977. /s/ Jimmy Lord Representative 105th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 18, 1977. COWETA COUNTYFORMER TREASURER'S DUTIES VESTED IN CLERK OF THE BOARD OF COMMISSIONERS. No. 76 (House Bill No. 336). An Act to amend an Act to abolish the office of Treasurer of Coweta County, approved March 31, 1976 (Ga. L. 1976, p. 3576), so as to vest in the Clerk of the Board of Commissioners of Coweta County all of the duties, powers and functions formerly attached to the office of County Treasurer; to provide for a depository or depositories; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the office of Treasurer of Coweta County, approved March 31, 1976 (Ga. L. 1976, p. 3576), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. The office of Treasurer of Coweta County

Page 2771

is hereby abolished. All of the duties, powers and functions heretofore performed by the said county treasurer shall be possessed and discharged by the Clerk of the Board of Commissioners of Coweta County. Section 2. Said Act is further amended by striking section 2 thereof in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The governing authority of Coweta County shall from time to time, or as often as it may be deemed necessary or desirable, designate one or more duly incorporated banks to act as depositories of and for the public funds of Coweta County, which said bank or banks shall hold office at the will of the commissioners. Section 3. Said Act is further amended by striking sections 3, 4, and 5 thereof in their entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1977 regular session of the General Assembly of Georgia, a bill to amend the act abolishing the office of County Treasurer; and for other purposes. This 14th day of December, 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

Page 2772

the Newnan Times Herald which is the official organ of Coweta County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Nathan G. Knight Representative 67th District Sworn to and subscribed before me, this 18th day of January, /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977. COWETA COUNTYPENSIONS AND RETIREMENT PAY ACT AMENDEDCONSTITUTIONAL OFFICERS INCLUDED. No. 77 (House Bill No. 337). An Act to amend an Act entitled Coweta CountyPensions and Retirement Pay, approved February 1, 1949 (Ga. L. 1949, p. 30), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2155), an Act approved February 27, 1962 (Ga. L. 1962, p. 2401), and a Resolution adopted April 24, 1973 (Ga. L. 1974, p. 3985), so as to change the definition of county employees to include employees of Constitutional officers of Coweta 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 Coweta CountyPensions and Retirement Pay, approved February 1, 1949 (Ga. L. 1949, p. 30), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2155), an Act approved

Page 2773

February 27, 1962 (Ga. L. 1962, p. 2401), and a Resolution adopted April 24, 1973 (Ga. L. 1974, p. 3985), is hereby amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14, to read as follows: Section 14. Be it further enacted by the authority aforesaid that, for the purposes of this Act, the county employees who come under the terms of this Act, and who are to receive the pension and retirement benefits under this Act, are those regular employees who are hired by the Board of Commissioners of Coweta County or the Constitutional officers of Coweta County, who receive their entire monthly salary or compensation from Coweta County, and who are under the exclusive control and supervision of the Board of Commissioners of Coweta County or the Constitutional officers of Coweta County, Georgia. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1977 regular session of the General Assembly of Georgia, a bill to make certain changes in the Coweta County Pension Plan; and for other purposs. This 14th day of December, 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

Page 2774

67th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times Herald which is the official organ of Coweta County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Nathan G. Knight Representative 67th District Sworn to and subscribed before me, this 18th day of January, /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977. COWETA COUNTYSHERIFF'S COMPENSATION CHANGED. No. 78 (House Bill No. 438). An Act to amend an Act changing the compensation of the sheriff, the judge of the probate court, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), as amended, particularly by an Act approved April 17, 1969 (Ga. L. 1969, p. 2844), so as to change the compensation of the sheriff of Coweta County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the sheriff, the judge of the probate court, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960,

Page 2775

p. 3028), as amended, particularly by an Act approved April 17, 1969 (Ga. L. 1969, p. 2844), is hereby amended by striking from section 2 thereof the following: $15,000.00, and inserting in lieu thereof the following: $17,000.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff of Coweta County shall be compensated in the sum of $17,000.00 per annum, payable in equal monthly installments from the funds of Coweta County. The sheriff shall appoint such deputy or deputies as may be necessary to efficiently perform the duties of his office and set their compensation which shall be paid from the funds of Coweta County; provided that said county shall not be liable for a sum for the salaries of deputies and jailers in excess of $37,800.00 per annum; provided further that the board of commissioners of Coweta County may appropriate such other sums for the payment of salaries of deputies and jailers as it deems necessary. Coweta County shall provide all necessary supplies and equipment needed for the office of sheriff. Said county shall also furnish the sheriff at least three (3) automobiles and shall pay for all gasoline, oil, maintenance and repair costs. Such automobiles shall be replaced when necessary but must be replaced upon being driven 50,000 miles. The sheriff shall have complete control and authority over the administration and supervision of the county jail, including employment of a jailer, but necessary upkeep and maintenance expenses for said jail shall be borne by Coweta County. The sheriff shall be authorized to receive the fees provided by law for the feeding of prisoners. 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.

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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 1977 session of the General Assembly of Georgia, local legislation to change the compensation of the Sheriff of Coweta County; and for other purposes. This the 14th day of December, 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 Newnan Times Herald which is the official organ of Coweta County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Nathan G. Knight Representative, 67th District Sworn to and subscribed before me, this 27th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977.

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DOUGHERTY COUNTYSALARY SUPPLEMENTS AUTHORIZED FOR DISTRICT ATTORNEY AND ASSISTANTS. No. 80 (House Bill No. 609). An Act to authorize the governing authority of Dougherty County to provide for a supplement to the salary of the District Attorney and each Assistant District Attorney of the Dougherty Judicial Circuit; 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 Dougherty County is authorized to provide from county funds a supplement to the compensation of the District Attorney and each Assistant District Attorney of the Dougherty Judicial Circuit. The amount of such supplement shall be fixed by the governing authority of Dougherty County but shall not exceed $5,000.00 per annum for the district attorney or $5,000.00 per annum for each assistant district attorney. Within the limitations provided in this section, it shall be within the sole discretion of the governing authority of Dougherty County to establish the amount of such supplements and, from time to time, to increase or decrease said supplements in such manner as the governing authority of Dougherty County shall provide. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide for a supplement to the compensation of the

Page 2778

District Attorney of the Dougherty Judicial Circuit and to provide for a supplement to the salary of those employees in said District Attorney's office that are compensated by the State; to repeal conflicting laws; and for other purposes. This 16th day of December, 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 daes: December 24, 31, 1976 and January 7, 1977. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977. MUSCOGEE COUNTY STATE COURTCERTAIN OFFICERS' SALARIES CHANGED. No. 81 (House Bill No. 796). An Act to amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act

Page 2779

approved March 29, 1971 (Ga. L. 1971, p. 2246), and an Act approved February 26, 1974 (Ga. L. 1974, p. 2062), so as to change the compensation of the Judge of the State Court, the Solicitor of the State Court and the second Assistant Solicitor of the State Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2246), and an Act approved February 26, 1974 (Ga. L. 1974, p. 2062), is hereby amended by striking from subsection (a) of section 3A, the following: $25,000.00, and inserting in lieu thereof the following: $31,000.00, so that when so amended, subsection (a) of section 3A shall read as follows: Judge. (a) The Judge of the State Court of Muscogee County shall receive an annual salary of $31,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County. Section 2. Said Act is further amended by striking from subsection (b) of section 3A of said Act the following: $16,000.00, and inserting in lieu thereof the following: $18,500.00, so that when so amended, subsection (b) of section 3A shall read as follows:

Page 2780

(b) The Solicitor of said Court shall receive an annual salary of $18,500.00 which shall be paid in equal monthly installments from the funds of Muscogee County. The solicitor shall devote his full time to the duties of his office and shall not engage in the private practice of law during his tenure of office. Solicitor. Section 3. Said Act is further amended by striking from subsection (c) of section 3B the following: fifteen thousand dollars ($15,000.00), and inserting in lieu thereof the following: $16,000.00, so that when so amended, subsection (c) of section 3B shall read as follows: (c) Said Assistant Solicitor shall be paid an annual salary of $16,000.00, to be paid in twelve (12) equal monthly installments from the funds of Muscogee County. Assistant Solicitor. Section 4. This Act shall become effective on July 1, 1977. 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, 1977 session of the General Assembly of Georgia, a bill so as to change the salary of the full-time State Court Assistant Solicitor of Columbus, Georgia to establish such change to be effective as of July 1, 1977; to repeal conflicting laws and for other purposes. This the 15th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977 session of the General Assembly of Georgia, a bill so as to change the salary of the State Court Judge of Columbus, Georgia to establish such change to be effective as of July 1, 1977; to repeal conflicting laws and for other purposes. This the 15th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977 session of the General Assembly of Georgia, a bill so as to change the salary of the State Court Solicitor, of Columbus, Georgia, to establish such change to be effective as of July 1, 1977; to repeal conflicting laws and for other purposes. This the 15th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of

Page 2782

Muscogee County, on the following dates: December 17, 24 and 31, 1976. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977. MUSCOGEE COUNTY PROBATE JUDGE'S SALARY INCREASED. No. 82 (House Bill No. 798). An Act to amend an Act establishing the salary of the Judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2251), 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 establishing the salary of the Judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2251), is hereby amended by striking from section 1 the following: Sixteen thousand, five hundred dollars ($16,500.00), and inserting in lieu thereof the following: $18,500.00,

Page 2783

so that when so amended, section 1 shall read as follows: Section 1. The salary of the Judge of the Probate Court of Muscogee County shall be $18,500.00 per annum. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict 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, 1977 session of the General Assembly of Georgia, a bill so as to change the salary of the Judge, Probate Court of Columbus, Georgia, to establish such change to be effective as of July 1, 1977; to repeal conflicting laws and for other purposes. This the 15th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: December 17, 24 and 31, 1976. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977.

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MUSCOGEE COUNTY TAX COMMISSIONER'S SALARY CHANGED. No. 83 (House Bill No. 799). An Act to amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, approved July 25, 1927 (Ga. L. 1927, p. 638), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2248), 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 abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, approved July 25, 1927 (Ga. L. 1927, p. 638), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2248), is hereby amended by striking from section 5 the following: nineteen thousand dollars ($19,000.00), and inserting in lieu thereof the following: $22,500.00, so that when so amended, section 5 shall read as follows: Section 5. The salary of the tax commissioner of Muscogee County shall be $22,500.00 per annum, to be paid in twelve monthly installments on the 1st day of each month. Said salary is to be the sole compensation of said tax commissioner. All commissions, fee, costs, penalties, allowances and all other perquisites, monies or emoluments of whatever kind or character, now or hereafter allowed by law to be collected by the tax commissioner, as tax receiver, tax commissioner, automobile license tag agent, or any other function or capacity exercised as tax commissioner and tax receiver (including commissions, fees, or other charges due

Page 2785

the tax commissioner as collecting agent for governmental bodies other than Muscogee County), shall be received and collected by the tax commissioner for the sole use of Muscogee County and shall be held as public monies belonging to Muscogee County and accounted for and paid over to Muscogee County on or before the 10th day of each month. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict 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, 1977 session of the General Assembly of Georgia, a bill so as to change the salary of the Tax Commissioner of Columbus, Georgia, and to establish the salary of the Tax Commissioner of Columbus, Georgia at Twenty Two Thousand Six Hundred and no/100 Dollars ($22,600.00) per year to be effective as of July 1, 1977; to repeal conflicting laws and for other purposes. This the 7th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of

Page 2786

Muscoge County, on the following dates: December 17, 20 and 27, 1976. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977. MUSCOGEE COUNTYSHERIFF'S SALARY CHANGED. No. 84 (House Bill No. 801). An Act to amend an Act establishing the salary of the Sheriff of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2180), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2239), so as to change the salary 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 establishing the salary of the Sheriff of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2180), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2239), is hereby amended by striking from section 1 the following: nineteen thousand ($19,000.00), and inserting in lieu thereof the following: $22,500.00,

Page 2787

so that when so amended, section 1 shall read as follows: Section 1. The salary of the sheriff of Muscogee County, Georgia, shall be $22,500.00 per annum. The commissioners of roads and revenues of Muscogee County are hereby authorized to require that the sheriff of Muscogee County shall act as jailer. In the event the commissioners of roads and revenues of Muscogee County require said sheriff to act as jailer, the sheriff shall not be entitled to any additional compensation for serving in the capacity as jailer. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict 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, 1977 session of the General Assembly of Georgia, a bill so as to change the salary of the Sheriff of Columbus, Georgia, to establish such change to be effective as of July 1, 1977; to repeal conflicting laws and for other purposes. This the 15th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of

Page 2788

Muscogee County, on the following dates: December 17, 24 and 31, 1976. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977. BALDWIN COUNTY PROBATE COURT JUDGE'S SALARY CHANGED. No. 93 (Senate Bill No. 171). An Act to amend an Act placing the Judge of the Probate Court of Baldwin County upon an annual salary in lieu of the fee system of compensation, approved January 27, 1967 (Ga. L. 1967, p. 2006), as amended by an Act approved February 13, 1970 (Ga. L. 1970, p. 2040), so as to change the provisions relating to 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 placing the Judge of the Probate Court of Baldwin County upon an annual salary in lieu of the fee system of compensation, approved January 27, 1967 (Ga. L. 1967, p. 2006), as amended by an Act approved February 13, 1970 (Ga. L. 1970, p. 2040), is hereby amended by striking section 1, which reads as follows: Section 1. After the effective date of this Act, the present method of compensating the ordinary of Baldwin

Page 2789

County, known as the fee system, is hereby abolished, and in lieu thereof the ordinary shall receive a base salary of $11,000.00 per annum, payable in equal monthly installments, from the funds of Baldwin County. The annual base salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites heretofore allowed as compensation to the ordinary, regardless of in what capacity services were rendered. Said base salary shall be increased annually by $500.00 until a maximum of $14,000.00 per annum is reached. Each succeeding ordinary shall begin with the minimum salary., in its entirety, and inserting in lieu thereof a new section 1, to read as follows: Section 1. After the effective date of this Act, the present method of compensating the Judge of the Probate Court of Baldwin County, known as the fee system, is hereby abolished, and in lieu thereof the judge of the probate court shall receive an annual salary as provided in this section. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites heretofore allowed as compensation to the judge of the probate court, regardless of in what capacity services were rendered. The judge of the probate court shall receive a base salary of $12,000.00 per annum. In addition to said base salary the judge of the probate court shall also receive a longevity increase of $500.00 per annum for each complete year in office actually served by such judge since July 1, 1971; provided that the total salary of the judge of the probate court shall not exceed $16,500.00 per annum. The additional longevity increase shall be calculated and shall become payable as of the first day of July of each year. The total salary so calculated shall be payable in equal monthly installments from the funds of Baldwin County. Section 2. This Act shall become effective on July 1, 1977.

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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 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. L. 1967, p. 2006), as amended; so as to change the compensation of the Judge of the Probate Court; to provide for other matters relative to the foregoing; to repeal conflicting laws and for other purposes. This 27th day of December, 1976. Wilbur E. Baugh Representative, 108th District Bobby Eugene Parham Representative, 109th District Culver Kidd Senator, 25th District Georgia, Baldwin County. I, Harold G. Foster, do solemnly swear that I am the Editor of The Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of Notice of Intention to Introduce Local LegislationProbate Court was inserted in space of

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legal advertisement as follows: December 30, 1976 and January 6 and 13, 1977. /s/ Harold G. Foster Publisher Subscribed and sworn before me, this 20th day of January, 1977. /s/ Sybil H. Fowler Notary Public. (Seal). Approved February 25, 1977. SPALDING COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED, ETC. No. 94 (Senate Bill No. 176). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, approved February 16, 1950 (Ga. L. 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2659), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3110), so as to change the compensation of the Tax Commissioner of Spalding County; to provide for payment thereof; 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 consolidating the offices of Tax Receiver and Tax Collector of Spalding County, approved February 16, 1950 (Ga. L. 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2659), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3110), is hereby amended by striking section 3 thereof

Page 2792

in its entirety and substituting in lieu thereof a new section 3, to read as follows: Section 3. (a) The Tax Commissioner of Spalding County shall be paid a salary at the rate of $15,840.00 per annum, which shall be in addition to the sum authorized in subsection (c). (b) Said salary shall be apportioned and payable for the remainder of the current year 1977 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County and shall be payable, as accrued, in equal monthly installments, on the last day of each month. (c) In addition to the aforesaid salary said officer shall be entitled to an annual sum of $150.00 for each four-year term or part of such term which he or she has completed, which such additional compensation shall be paid at said annual rate from the funds of Spalding County and shall be payable, as accrued, in equal monthly installments, on the last day of each month. (d) Said salary and said additional compensation, as hereinbefore provided, shall be in full payment of all services rendered by said officer and said salary and compensation shall be all-inclusive and said officer shall not receive any other compensation for services performed and said salary and compensation shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, expressly including those commissions allowed by an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest, approved January 17, 1938 (Ga. L. 1937-38 Ex. Sess., p. 297), as amended, and those commissions allowed by an Act providing for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax

Page 2793

collectors or tax commissioners of the various counties and the commissions, fees or compensation paid such registration agents therefor, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended; and all such fees, commissions, costs, fines, forfeitures, allowances, penalties, funds, monies, emoluments and perquisites of whatever kind which shall be allowed said tax commissioner after the last day of February, 1966, excepting the aforesaid salary and additional compensation accruing to said officer, shall be and become the property of Spalding County, Georgia, and said county is hereby subrogated to all rights, claims and liens of said officer for same. The procedure now in force or as may hereafter be provided for by law as to the collection by said tax commissioner of all such fees, commissions, costs, fines, forfeitures, allowances, penalties, funds, monies, emoluments and perquisites of whatever kind, shall be followed and performed by said officer, but as herein provided all such monies so collected by said tax commissioner shall be collected for the use of Spalding County and shall be accounted for by the tax commissioner to the Board of Commissioners of Spalding County and paid, at least quarterly, each year, into the county treasury of Spalding County by said tax commissioner. (e) The Board of Commissioners of Spalding County shall furnish said tax commissioner with all necessary office space, supplies, equipment and clerical help to sufficiently perform the duties of said office and shall pay from the funds of Spalding County the costs and expenses therefor and all other costs and expenses as may hereafter be approved by the Board of Commissioners of Spalding County, Georgia, in connection with the operation of the office of such tax commissioner, provided, however, the tax commissioner shall, in his or her discretion, have the sole authority to hire or discharge any personnel employed or used in connection with the operation of said office.

Page 2794

(f) If such tax commissioner shall be designated as an agent of the State Revenue Department for the purpose of accepting applications for the registration of motor vehicles and issuance of license plates under the provisions of the pertinent laws of Georgia, the Board of Commissioners of Spalding County shall furnish to said tax commissioner, as such agent, such additional clerical help as needed to adequately perform the duties of such agent, all as provided by law, and the expenses therefor shall be paid out of the funds of Spalding County by the board of commissioners of said county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved 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 February 25, 1977. CHATHAM COUNTYDUTIES OF FORMER TREASURER TRANSFERRED TO FINANCE DIRECTOR. No. 96 (Senate Bill No. 201). An Act to amend an Act abolishing the office of County Treasurer in and for the County of Chatham, approved March 24, 1933 (Ga. L. 1933, p. 438), as amended by an Act approved December 21, 1937 (Ga. L. 1937-38, Ex. Sess., p. 781), so as to grant and transfer the former duties of the county treasurer to the Finance Director of Chatham County; to authorize the disbursal of county

Page 2795

funds subject to certain conditions; to provide legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the office of County Treasurer in and for the County of Chatham, approved March 24, 1933 (Ga. L. 1933, p. 438), as amended by an Act approved December 21, 1937, (Ga. L. 1937-38, Ex. Sess., p. 781), is hereby amended by striking sections 2, 3 and 4 thereof in their entirety and substituting in lieu thereof new sections 2, 3 and 4, respectively, to read as follows: Section 2. All of the duties of said office shall be granted and transferred to the Finance Director of Chatham County, Georgia. Section 3. All county funds heretofore payable to the county treasurer, or his successor, shall be paid to the Finance Director of Chatham County, Georgia, and said Finance Director of Chatham County, Georgia, shall, as and when received, immediately deposit such funds in a bank to be selected by the Chatham County Commissioners and Ex Officio Judges thereof as a county depository. Said County Commissioners shall require a bond from said bank designated as a county depository in such sum and with such security as said County Commissioners may deem fit and proper. Section 4. All county funds of Chatham County, Georgia, except such as may be specifically otherwise excepted by law, shall be disbursed by the Finance Director of Chatham County, Georgia, upon authorization by the governing authority of Chatham County. Section 2. It is intent of this legislation to provide that certain duties heretofore delegated by the Chatham County

Page 2796

Commissioners and Ex Officio Judges thereof, to the disbursing clerk thereof, relative to funds of Chatham County, be vested in the Finance Director of Chatham County, Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act abolishing the Office of County Treasurer of the County of Chatham, approved March 24, 1933, (Ga. L. 1933, p. 438) and for other purposes. This 15th day of January, 1977. Shelby Myrick, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Riley who, on oath, deposes and says that he is Senator from the 1st 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 15, 18, 25, 1977. /s/ John R. Riley Senator, 1st District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977.

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CITY OF ROME CHARTER AMENDEDBOARD OF EDUCATION MEMBERS' SALARIES SET. No. 98 (Senate Bill No. 223). 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 provide for annual salaries of the members of the board of education; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is hereby amended by deleting from section 85 the following: said members shall serve without pay, except that the city commission may allow the secretary of said board compensation for his services, not to exceed one hundred ($100.00) dollars per annum. Section 2. Said Act is further amended by inserting between sections 85 and 86 a new section 85A to read as follows: Section 85A. The members of the board of education, except the chairman, shall each receive an annual salary of $600. The chairman of the board shall receive an annual salary of $900. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to Article III, Section 7, Paragraph 15 of the Constitution of Georgia of 1945, notice is hereby given that

Page 2798

during the 1977 session of the Georgia General Assembly, a a bill will be introduced to amend Georgia Laws 1965, Act No. 522, Section 95 (Section 146 of the Charter of the City of Rome), to provide that members of the Board of Education shall receive a salary of six hundred dollars ($600.00) per annum; to provide that the Chariman of the Board of Education shall receive an additional three hundred dollars ($300.00) per annum; to repeal conflicting provisions; and for other purposes. Sam W. Doss, Jr. Senator, 52nd Senatorial District E. B. Toles Representative, 16th House District L. K. Oldham Representative, 14th House District E. M. Childers Representative, 15th House District 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

Page 2799

County, on the following dates: January 3, 10 and 17, 1977. /s/ Sam W. Doss, Jr. Senator, 52nd District Sworn to and subscribed before me, this 3rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977. CITY OF WASHINGTON CHARTER AMENDEDORDINANCE VIOLATION PENALTIES CHANGED. No. 99 (Senate Bill No. 275). An Act to amend an Act creating a new charter for the City of Washington, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change the penalty provisions relating to the violation of ordinances and resolutions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Washington, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, is hereby amended by striking the third paragraph of section 11 in its entirety and inserting in lieu thereof a new third paragraph to read as follows: In the event a fine is imposed it shall not exceed one thousand dollars ($1,000.00) and costs; and in the event imprisonment in the county jail of Wilkes County, Georgia,

Page 2800

is imposed it shall in no case exceed twelve (12) months; and in the event a sentence is imposed to work on the labor force on the streets, sidewalks, parks or other public places in the municipality, it shall not exceed one hundred and eighty (180) days, but either one or all of such penalties may be inflicted. The said mayor and council shall be authorized to provide an alternative sentence to be served in the county jail of Wilkes County, Georgia, or on the labor force of said municipality, not to exceed the number of days stated, in the event the fine is not paid. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a new charger for the City of Washington, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended; and for other purposes. This 17th day of January, 1977. 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 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

Page 2801

the following dates: January 20, 27 and February 3, 1977. /s/ S. P. McGill Senator, 24th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 25, 1977. LAND TRANSFER TO THE GWINNETT LIVESTOCK AND FAIR ASSOCIATION, INC., AUTHORIZED. No. 1 (Senate Resolution No. 37). A Resolution. Authorizing the conveyance of certain real property located in Gwinnett County, Georgia, to the Gwinnett Livestock and Fair Association, Inc.; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Gwinnett County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and Whereas, the said real property was conveyed to the State of Georgia, for the use and benefit of the Department of Agriculture, on the eleventh day of June, 1970, under the terms of a warranty deed executed by the Gwinnett County Livestock and Fair Association, Inc., for the consideration of $10.00 and other valuable considerations; and Whereas, the said conveyance to the State of Georgia was undertaken so as to permit the construction on such

Page 2802

real property of a livestock barn, show arena, and related facilities, such facilities to be operated by the Gwinnett County Liverstock and Fair Association, Inc., for agricultural purposes, programs, and meetings; and Whereas, such facilities were in fact constructed and have been operated for such purposes pursuant to the terms of an agreements entered into between the Department of Agriculture and the Gwinnett Livestock and Fair Association, Inc., and dated the twenty-fourth day of June, 1970; and Whereas, the said facilities are currently in need of repair, painting, and enlargement although the Department of Agriculture does not presently intend or anicipate allocating monies for such purposes; and Whereas, the Gwinnett Livestock and Fair Association, Inc., has agreed to undertake such repairs, painting, and enlargements if the State of Georgia will reconvey the said real property to the association; and Whereas, said real property is all that tract or parcel of land lying and being in Land Lot 118 of the 5th Land District, Gwinnett County, Georgia, containing 1.170 acres and being Tract No. 1 as shown and delineated on plat of survey of Hannon Meeks, Surveyors, dated May 29, 1970, and recorded in the Office of the Clerk of Gwinnett Superior Court in Plat Book....., Page....., and more fully described as follows: To establish a point or place of beginning, begin at the intersection of the center line of Davis Road with the center line of Johnson Road, and run thence South 59 degrees 55 minutes West along the center line of Johnson Road a distance of 512.2 feet; thence running North 28 degrees 54 minutes West a distance of 343.82 feet to an iron pin, WHICH IS THE PLACE OR POINT OF BEGINNING; thence running South 61 degrees 6 minutes West a distance of 300 feet to an iron pin; thence running North 28 degrees 54 minutes West 170 feet to an iron pin; thence running North 61 degrees 6 minutes East

Page 2803

a distance of 300 feet to an iron pin; thence running South 28 degrees 54 minutes East a distance of 170 feet to an iron pin, which is the place or point of beginning. And including, an easement and roadway for ingress and egress upon and across the following described property: All that tract or parcel of land lying and being in Land Lot 118 of the 5th Land District, Gwinnett County, Georgia, containing 0.316 acre and being Tract No. 2 as shown and delineated on plat of survey of Hannon Meeks, Surveyors, dated May 29, 1970, and recorded in the Office of the Clerk of Gwinnett Superior Court in Plat Book....., Page....., and more fully described as follows: To establish a point or place of beginning, begin at the intersection of the center line of Davis Road with the center line of Johnson Road, and run thence South 59 degrees 55 minutes West a distance of 512.2 feet to a point in the center of Johnson Road, WHICH IS THE PLACE OR POINT OF BEGINNING; thence running South 59 degrees 55 minutes West a distance of 40 feet to a point in the center of Johnson Road; thence running North 28 degrees 54 minutes West a distance of 344.65 feet to an iron pin; thence running North 61 degrees 6 miutes East a distance of 40 feet to an iron pin; thence running South 28 degrees 54 minutes East a distance of 343.82 feet to a point in the center of Johnson Road, which is the place or point of beginning.; and Whereas, the above described tract of land is no longer needed by the State of Georgia and is therefore surplus. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, acting for and in behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract of property subject to the following conditions: (1) that said tract of property shall be conveyed to

Page 2804

the Gwinnett County Livestock and Fair Association, Inc., for the consideration of the benefit accruing to the State and $10.00, said property to revert back to the State should it cease to be used for agricultural promotional or related activities; and (2) that the conveyance of said tract of property shall be approved by the State Properties Commission; and (3) that the sale and transfer of said tract of property shall be upon such other terms and conditions as shall be prescribed by the State Department of Agriculture. Be it further resolved that, for purposes of compliance with the provisions of Code section 91-403A (b) (4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property the conveyance of which is authorized by this Resolution currently on file with the Department of Agriculture shall constitute an acceptable plat for filing with the Secretary of State. Approved February 25, 1977. GWINNETT COUNTY BOARD OF COMMISSIONERS ACT AMENDEDDEFINITIONS CHANGED. No. 113 (House Bill No. 440). An Act to amend an Act creating a Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, so as to provide in said Act definitions of the following terms used in said Act: County, County funds, County finances, County records, County financial records, County departments, County offices, County agencies, County property, County budget and County financial needs; to repeal conflicting laws; and for other purposes.

Page 2805

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Gwinnett County, Georgia, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, is hereby amended by adding a new section to be designated as section 2A, to read as follows: Section 2A. Definitions. For the purpose of this Act, certain terms and words are hereby defined. County, County funds, County finances, County records, County financial records, County departments, County offices, County agencies, County property, County budget and County financial needs are defined so as to include within the meaning of said terms or words only those Gwinnett County funds, finances, records, financial records, departments, offices, agencies, property, budget and financial needs under the supervision, direction and control of the Board of Commissioners of Gwinnett County. An audit of County finances and financial records shall include only those County finances and financial records under the supervision, direction and control of the Board of Commissioners of Gwinnett County and shall not include the County finances and financial records maintained under the supervision, direction and control of the Gwinnett County Superintendent of Schools or the Gwinnett County Board of Education. There shall not be included within the definition of said terms and words those Gwinnett County funds, finances, records, financial records, departments, offices, agencies, property, budget and financial needs under the supervision and control of the Gwinnett County Superintendent of Schools or the Gwinnett County Board of Education. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977 session of the State of Georgia a bill to amend the Act known as Gwinnett County Commissioner of Roads and Revenues (Ga. L. 1968 session, p. 2003) as amended

Page 2806

by Ga. L. 1969 session, p. 2793 approved April 15, 1969, as amended so as to provide that there shall be defined in said Act the terms: County, County funds, County finances, County records, County financial records, County departments, County offices, County agencies, County property, County budget and County financial needs; so that said terms shall include those Gwinnett County matters and funds under the supervision and control of the Board of Commissioners of Gwinnett County and shall not include those Gwinnett County matters or funds under the supervision and control of the Gwinnett County Superintendent of Schools or the Gwinnett County Board of Education and for other purposes. This the 13th day of December, 1976. Homer M. Stark Gwinnett County Attorney 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 Lawrenceville Home Weekly which is the official organ of Gwinnett County, on the following dates: December 15, 22, 29, 1976. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 27th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

Page 2807

LAURENS COUNTY PROBATE JUDGE'S COMPENSATION CHANGED. No. 115 (House Bill No. 555). An Act to amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. L. 1971, p. 2622), as amended by an Act approved April 19, 1973 (Ga. L. 1973, p. 3942), so as to change the compensation of the Judge of the Probate Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. L. 1971, p. 2622), as amended by an Act approved April 19, 1973 (Ga. L. 1973, p. 3942), is hereby amended by striking from section 1 the following: $12,600.00, and inserting in lieu thereof the following: $13,000.00, so that when so amended, section 1 shall read as follows: Section 1. After the effective date of this Act, the present method of compensating the Judge of the Probate Court of Laurens County, known as the fee system, is hereby abolished and in lieu thereof the Judge of the Probate Court shall receive a salary of $13,000.00 per annum, payable in equal monthly installments from the funds of Laurens County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites heretofore allowed as compensation to the Judge of the Probate Court, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered.

Page 2808

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1977 regular session of the General Assembly of Georgia, a bill to provide for the purpose of changing the compensation of certain elected officials, to provide an effective date, and for other purposes. Leon Green Attorney for Laurens County Georgia, Laurens County. This is to certify that the attached Advertisement was published in the Dublin, Georgia, Courier-Herald, a newspaper of general circulation in the state and county above and the newspaper in which the advertisements of the Sheriff of Laurens County is published, and, That the attached was published on January 8, 15 and 22, 1977. Certified this the 29th day of January, 1977. /s/ W. H. Champion, Editor and Publisher Dublin, Georgia, Courier-Herald Approved March 4, 1977.

Page 2809

LAURENS COUNTY STATE COURTJUDGE'S AND SOLICITOR'S COMPENSATION CHANGED. No. 116 (House Bill No. 557). An Act to amend an Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2473), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3952), so as to change the provisions relative to the compensation of the judge and solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2473), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3952), is hereby amended by striking from section 2A the following: $10,800.00, and inserting in lieu thereof the following: $13,000.00, and by striking from said section the following: $9,000.00, and inserting in lieu thereof the following: $11,000.00, so that when so amended, section 2A shall read as follows: Section 2A. The Judge of the State Court of Laurens County shall receive an annual salary of $13,000.00 and the Solicitor of said Court shall receive an annual salary of

Page 2810

$11,000.00. Said salaries shall be paid in equal monthly installments from the funds of Laurens 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. Section 3. All laws and parts of laws 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 1977 regular session of the General Assembly of Georgia, a bill to provide for the purpose of changing the compensation of certain elected officials, to provide an effective date, and for other purposes. Leon Green Attorney for Laurens County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland 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 8, 15, 22, 1977. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

Page 2811

CITY OF WARM SPRINGSMAYOR'S AND COUNCIL'S COMPENSATION CHANGED. No. 117 (House Bill No. 561). An Act to amend an Act incorporating the City of Warm Springs, approved December 20, 1893 (Ga. L. 1893, p. 192), as amended, particularly by an Act approved January 30, 1946 (Ga. L. 1946, p. 626), so as to change the compensation of the Mayor and Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Warm Springs, approved December 20, 1893 (Ga. L. 1893, p. 192), as amended, particularly by an Act approved January 30, 1946 (Ga. L. 1946, p. 626), is hereby amended by striking from section 13 of the amendatory Act, approved January 30, 1946, the following: $100.00 per annum and $60.00 per annum, and substituting in lieu thereof the following, respectively: $15.00 for each meeting of the Mayor and Council (not to exceed $450.00 in any one calendar year) and $10.00 for each meeting of the Mayor and Council (not to exceed $300.00 in any one calendar year), so that when so amended, section 13 shall read as follows: Section 13. Salaries of Officers and When Named. Be it further enacted, That at the first regular meeting of the Mayor and Council of said City after election and qualification, or as soon as is expedient thereafter, they shall elect a City Clerk, who may be a member of the Council, and who shall be ex officio treasurer, tax collector, tax receiver and clerk of the Recorder's Court of said City of Warm Springs; a Marshal, who shall be ex officio Chief of Police, as many policemen as in the judgment of said Mayor and Council may be necessary, and such other officers as the Mayor and Council may deem necessary

Page 2812

in the government of the said City. Any two or more appointive officers may be combined if, in the judgment of the Mayor and Council, such will be to the advantage of the City. Each of said officers shall take such oaths, perform such duties and give such bonds as the Mayor and Council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Warm Springs. Said Mayor and Council shall have the power and authority, and it shall be their duty, at said meeting, to fix the salaries and compensation of said Mayor, not to exceed $15.00 for each meeting of the Mayor and Council (not to exceed $450.00 in any one calendar year), and each Councilman, not to exceed $10.00 for each meeting of the Mayor and Council (not to exceed $300.00 in any one calendar year), and all other officers, agents and employees of said City. All appointive officers of said City shall hold their offices at the pleasure of the Mayor and Council. All expenditures of the Mayor and Council and the compensation of the City officers shall be paid out of the City funds by an order drawn by the City Clerk and countersigned by the Mayor, or in his absence, by the Mayor Pro Tem. Section 2. All laws and parts of laws 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 1977 session of the General Assembly of Georgia, a bill to change the compensation of the Mayor and Council of the City of Warm Springs; and for other purposes. This 29th day of December, 1976. Claude A. Bray, Jr. Representative, 70th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr.

Page 2813

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 7, 14, 21, 1977. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 25th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. BIBB COUNTYCIVIL SERVICE SYSTEM AND BOARD CHANGED. No. 118 (House Bill No. 568). An Act to change certain provisions creating the Civil Service System and Board of Bibb County, so as to change the number of members of said Board; to provide for terms and appointment of said members; to provide for a quorum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The provisions of Part 3 of an Amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, as approved March 9, 1955 (Ga. L. 1955, p. 682), which Amendment created the Civil Service System and Board of Bibb County and which Amendment, in Part 27 thereof, authorized the General Assembly to enact laws

Page 2814

changing said Civil Service System, are hereby changed by striking from the first sentence of the first paragraph of subsection 1 of Part 3 the following: three, and inserting in lieu thereof the following: five, by adding at the end of said first paragraph of subsection 1 of Part 3 the following: The three members of said Board serving thereon on July 1, 1977, shall continue to serve until the expiration of their respective terms of office. The two new members of said Board shall be appointed no later than December 31, 1977, for initial terms as follows: One member for a term ending December 31, 1981; one member for a term ending December 31, 1983. The chairman of the Bibb County Commission shall nominate said new members and designate the above terms for which they shall serve, subject to confirmation by a majority vote of the county commissioners at their next regular meeting after said nominations are made. Thereafter all appointments for the two new positions on said Board shall be made as appointments are made for the three old positions., and by striking from the second paragraph of subsection 1 of Part 3 thereof the following: Two members of the board shall constitut a quorum for the transaction of business., and inserting in lieu thereof the following: Three members of the board shall constitute a quorum for the transaction of business., so that when so amended said subsection 1 of Part 3 shall read as follows: (1) There is hereby created and established the Bibb County Civil Service Board which shall consist of five members

Page 2815

of known sympathy to the merit system who shall have been residents of Bibb County for two years or more. The initial members of the Bibb County Civil Service Board shall be appointed by a majority vote of the county commissioners at their first regular meeting following the enactment into law of this Act and the initial members shall be appointed for terms as follows: One member for term ending December 31, 1962; one member for term ending December 31, 1958; one member for term ending December 31, 1960. The three members of said Board serving thereon on July 1, 1977, shall continue to serve until the expiration of their respective terms of office. The two new members of said Board shall be appointed no later than December 31, 1977, for initial terms as follows: One member for a term ending December 31, 1981; one member for a term ending December 31, 1983. The chairman of the Bibb County Commission shall nominate said new members and designate the above terms for which they shall serve, subject to confirmation by a majority vote of the county commissioners at their next regular meeting after said nominations are made. Thereafter all appointments for the two new positions on said Board shall be made as appointments are made for the three old positions. Thereafter all appointments for the civil service board shall be as follows: The chairman of the Bibb County Commission shall nominate the members of the board subject to confirmation by a majority vote of the county commissioners at its next regular meeting after said nominations are made. Such nominations shall be announced by publication in the official organ of the county at least one week before said meeting of the county commissioners. All appointments shall be for a term of six years, and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their members as chairman of the board and one member as vice-chairman. Three members of the board shall constitute a quorum for the transaction of business. Vacancies in the office of said civil service board created by death, resignation or otherwise shall be filled by nomination of the chairman and confirmation by the board of county commissioners after publication as provided for regular appointments herein

Page 2816

and such appointment shall be for the unexpired term. No member of the board shall hold any other lucrative office or employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of notary public or in the military forces. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws 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 1977 session of the General Assembly of Georgia, a bill to enlarge the number of members on the Bibb County, Georgia, Civil Service Board; and for other purposes. This 31st day of December, 1976. William C. Randall Representative, 101st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: January 14, 21 and 28, 1977. /s/ William C. Randall Representative, 101st District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

Page 2817

ROCKDALE COUNTYBOARD OF COMMISSIONERS CREATED. No. 119 (House Bill No. 610) An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said Board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said Board; to provide for other matters relative to said Board of Commissioners and relative to the government of Rockdale County by said Board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal specific Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Board of Commissioners Created. There is hereby created in and for the County of Rockdale a Board of Commissioners to be elected and organzied as hereinafter set forth, which Board of Commissioners, also to be known as the Commission, shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. Section 2. Composition of Board. (a) The Commission established herein shall consist of three members, of which one member shall be known as chairman and two members shall be known as Commissioners. The chairman and two Commissioners shall be elected by a majority vote of the voters of the entire county voting at the elections provided for hereinafter. Positions on the Board shall be chairman and Commissioner Posts 1 and 2, and all candidates for membership on the Board shall designate the position for which they are offering. (b) The chairman shall be a citizen of this State who has attained the age of 30 years and who has been a resident of Rockdale County for not less than two years next preceding

Page 2818

his election, and shall hold no other elective public office. The chairman shall be a full voting member of the Board. (c) Members of the Commission, other than the chairman, shall be citizens of this State who have attained the age of 25 years and who have been residents of Rockdale County for not less than two years next preceding their election, and shall hold no other elective public office. Section 3. Election and Term of Commission Members. The first members of the Board of Commissioners created hereunder shall be as follows: The individual serving as sole Commissioner of Rockdale County upon approval of this Act shall serve as chairman of the Board until January 1, 1981; and the chairman thereafter shall be elected for a four (4) year term in the general election held for members of the General Assembly in 1980, and said term shall commence on January 1, 1981. The Commissioner from Post 1 shall be elected to serve until January 1, 1981, and thereafter shall be elected for a four (4) year term in the general election held for members of the General Assembly in 1980 and said term shall commence on January 1, 1981. The Commissioner from Post 2 shall be elected to serve until January 1, 1979, and thereafter shall be elected for a four (4) year term in the general election held for members of the General Assembly in 1978 and said term shall commence on January 1, 1979. Thereafter, all successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four (4) years and until their successors are elected and qualified. The first election for Commission Post 1 and Commission Post 2 shall be called not less than fifteen (15) days nor more than thirty (30) days after approval of this Act in the referendum provided for in Section 24. It shall be the duty of the Judge of the Probate Court of Rockdale County to issue the call for said special election and he shall set the date of such election for a date not less than thirty (30) nor more than sixty (60) days after the date of the issuance of the call. The judge of the probate court shall set the date for opening and closing for candidates to qualify for said positions. Qualification by candidate

Page 2819

shall be nonpartisan. Each candidate shall pay a qualification fee of $150.00 to the judge of the probate court at time of qualifying which shall be deposited to the county treasury to assist in defraying expenses of said election. It shall be the duty of the judge of the probate court to hold and conduct said election. He shall hold said election under the same laws and rules and regulations as govern special elections and Code Title 34, known as the General Election Code, as amended. Section 4. Restrictions on Qualifying for Other Office. Neither the chairman nor any Commissioner shall be qualified to offer for election to any position on the Board other than the one in which he is serving without first resigning from the position in which he at that time is serving. Section 5. Election Returns; Vacancies. Except as set forth in section 3, all elections for members of the Board of Commissioners created by this Act shall be held and conducted in accordance with the provisions of Code Title 34, known as the Georgia Election Code, as now or hereafter amended. In the event of a vacancy in the office of chairman or a Commissioner whose unexpired term exceeds 180 days, it shall be the duty of the Judge of the Probate Court of Rockdale County to call a special election for the filling of such vacancy, which election shall be governed by the provisions of said Georgia Election Code relative to special elections for the filling of vacancies. Such special election shall be held within 60 days of the date of the creation of the vacancy. In the event such unexpired term does not exceed 180 days, it shall be the duty of the remaining members of the Commission to fill vacancies by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office. Section 6. Oath and Bond. Before entering upon the discharge of their duties, the chairman and Commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall

Page 2820

further give a satisfactory surety bond to be judged by said judge of the probate court of the county and payable to the judge of the probate court or his successor in office and filed in the office of the judge of the probate court, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each Commissioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid out of the county treasury. Section 7. Compensation. (a) Commissioners, other than the chairman, shall be paid as their entire compensation for services as same, the sum of $3,600.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation for services as same the sum of $19,500.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsection (b) hereof, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman or either Commissioner shall be entitled. The chairman and other Commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. (b) The Board of Commissioners shall be authorized to provide the chairman with a county-owned automobile which the chairman may use in carrying out his official duties, and county funds may be expended for the operation and maintenance of said automobile. The Board of Commissioners may provide by ordinance or resolution for the reimbursement from county funds of actual and necessary expenses incurred by the chairman and other Commissioners in carrying out their official duties. Section 8. Meetings. The Commission shall hold regular meetings on the second and fourth Tuesday of each month at the county seat at 2:00 p.m. on the second Tuesday and 7:00 p.m. on the fourth Tuesday, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or any two Commissioners, provided all members of the Commission

Page 2821

shall have been notified at least one day in advance of such special meeting. No official action shall be taken by the Commission except in a meeting which is open to the public. Any two Commissioners or the chairman and any one Commissioner shall constitute a quorum, but no official action shall be taken except upon the affirmative vote of at least two Commissioners or one Commissioner and the chairman. The chairman shall be entitled to the same voting rights as other Commissioners on questions considered by the Commission. Section 9. The Chairman. The chairman shall be the chief executive officer of the county government and shall generally supervise, direct and control the administration or the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the Commission in regard to matters reserved to the exclusive jursdiction of the Commission. The chairman shall preside over meetings of the Commission. The chairman shall establish rules and regulate purchasing services for all county departments, offices and agencies. He shall be further authorized to make purchases for the county in amounts not exceeding $1,000.00. Section 10. The Commission. (a) The Commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the Commission minutes, shall be conclusive and binding on the chairman. The policies, rules and regulations so adopted by the Commission shall be carried out, executed and enforced by the chairman as chief executive officer of the county, and the Commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said chairman which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the Commission shall be null, void and of no effect.

Page 2822

(b) The following powers are hereby vested in the Commission and reserved to its exclusive jurisdiction: (1) To levy taxes. (2) To make appropriations. (3) To fix the rates of all other charges. (4) To authorize the incurring of indebtedness. (5) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (6) To authorize contracts, except purchases otherwise provided for herein, involving the expenditure of county funds. (7) To establish, alter or abolish public roads, private ways, bridges and ferries, according to law; provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the Commission for subdivisions have been met. (8) To establish, abolish, or change election precincts and militia districts according to law. (9) To allow the insolvent lists for the county. (10) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the Commissioner or Board of Commissioners of the county. (11) To exercise all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Rockdale County in respect to zoning and planning. (12) To create and change the boundaries of special taxing districts authorized by law.

Page 2823

(13) To fix the bonds of county officers where same are not fixed by statute. (14) To enact any ordinances or other legislation the county may be given authority to enact. (15) To determine the priority of capital improvements. (16) To call elections for the voting of bonds. (17) To exercise all of the power and authority heretofore vested by law in the Commissioner of Rockdale County, together with the power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power given to the chairman by the provisions of this Act. (18) To make purchases of not less than $1,000.00 nor more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the county. (19) To make purchases in amounts over $5,000.00, provided, however, that for any purchases in such amounts, advertisements for bids shall be first purchased for two (2) consecutive weeks in the official organ of Rockdale County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. The purchase shall be made from the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges and the date or dates of delivery. Advertisement and the obtaining of formal sealed bids may be dispensed with when, in the discretion of the Commission, an emergency exists which will not permit a delay. Section 11. Implementation of Constitutional Amendment. (a) In addition to all powers enumerated elsewhere in this Act or otherwise provided or permitted by law, the Board of Commissioners of Rockdale County, Georgia, is

Page 2824

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

Page 2825

all such vehicles operated on such streets and public places, to regulate and establish routes to be followed by trucks and other heavy or slow-moving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely the times, routes and manner of conduct of parades, motorcades and other assemblages of all such vehicles, and public address systems or other noise-making devices on such streets and public places, to regulate and control the manner of operation of all such vehicles along, over and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over and across such streets, ways and other public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the authority to require registration of the enumerated vehicles and of their owners and to prescribed standards of mechanical safety for such vehicles and qualifications of operations thereof; to provide for regulation of business licenses in all unincorporated areas. To carry out all or any of the foregoing powers, said Board is hereby empowered to adopt as county ordinances all or such portions of the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended, and Code Title 68A, the Uniform Rules of the Road, as now or hereafter amended, as to said Board may seem appropriate and the Superior Court of Rockdale County may punish for violations thereof by fines or imprisonment, or both, not to exceed those set forth in said Act or in this Act or in the ordinances adopting same, and said Board may adopt such other and additional ordinances and regulations, not in conflict with said Uniform Act and prescribe punishment for violation of same not to exceed the limits set forth in this Act. (2) To adopt rules and regulations for the promotion of

Page 2826

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

Page 2827

air conditioning regulations) and all other lawful ordinances adopted by said Board pursuant to this or any other law in force in said county. (5) To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof. (6) To prescribe fire safety regulations in the Rockdale County fire districts not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. (7) To prohibit or regulate and control the erection and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances. (8) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of Rockdale County which, while not constituting an offense against the general law of this State, is deemed by said Board to be detrimental and offensive to the peace, good order and dignity of Rockdale County and to the welfare and morals of the citizens thereof. (9) To authorize the Board of Commissioners of Rockdale County to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said county outside the incorporated limits of the municipalities therein; to license and regulate taxicabs for hire in such unincorporated areas

Page 2828

of said county; to classify businesses and business enterprises in unincorporated areas and to assess different license fees and taxes against different classes of businesses in unincorporated areas; to license all businesses and business enterprises in such areas of interest and welfare of citizens in unincorporated areas of said county, and prescribe rules and regulations concerning same, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission; to authorize said Board to provide that the violation of any license fee or tax prescribed from any business shall constitute a misdemeanor which, upon conviction, shall be punishable as for a misdemeanor, as defined by the laws of the State of Georgia. (10) To provide ordinances for the protection of county rights-of-way, including, but not limited to, prohibiting the dumping of trash, debris, or litter thereon, the cutting of ditches, drains or excavations, on said road rights-of-way; to prescribe penalties and punishment within the provisions of this Act for the violation of such ordinances. (11) To provide ordinances for minimum housing for the health and safety of the public in areas not providing same; the power to require that abandoned or unsafe structures be repaired, demolished, or removed, including the removal of abandoned, junk automobiles or other property which shall become a safety or health hazard. (12) To provide rules and regulations governing quasi-public services, such as garbage collections, wrecker service, ambulance services, taxicabs, or other public conveyance, and other activities that concern the public welfare and safety, including the power to operate and maintain such agencies for the welfare and safety of Rockdale County in unincorporated areas. (13) To provide for a declaration of a state of emergency and prescribe and initiate emergency powers for the protection of persons and property. (b) All persons, firms, associations, utilities, and corporations, whether public or private, shall be subject to the

Page 2829

terms of said ordinances of Rockdale County within its jurisdiction unless expressly excluded herein and the Board of Commissioners shall have the power to enforce such ordinances by civil action, or injunction, or as otherwise provided herein. (c) The Board of Commissioners of Rockdale County is hereby authorized to adopt ordinances prescribing penalties or punishment for violation of any and all ordinances adopted by said Board of Commissioners to carry out any of the foregoing provisions of this section or the provisions of any other law, and to prescribe minimum and maximum penalties or punishment for violation of same so that such violation shall constitute a misdemeanor which, upon conviction, shall be punishable as for a misdemeanor, unless such ordinance shall provide for a lesser penalty. (d) The Board of Commissioners of Rockdale County is hereby vested with all powers necessary and incident to the accomplishment and enforcement of any of the foregoing powers and duties. Section 12. Reports of Officers. The Commission shall be empowered to require of all county officers to make reports on the general or specific conduct of the financial affairs of their respective offices. Section 13. Appointment of County Officials and Employees. Subject to the qualifications and limitations set out in this Act, the chairman shall have the exclusive power and authority to appoint, remove and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Rockdale County which may now be in force or subsequently adopted, all employees and officials of the county, except as to: (a) Boards or positions created by State statute, and (b) elected officers and employees under their supervision and control. Such appointments or removal shall be subject to approval by the Commission in the case of the executive assistant and the county attorney. The fixing of compensation shall in every case be subject to approval by the Commission. It is specifically provided that the elected county officials

Page 2830

shall have the sole authority to appoint the personnel within their respective offices subject to civil service and merit system laws of Rockdale County which may now be in force or subsequently adopted, and fix their compensation. Section 14. Appointment to Statutory Positions. The appointment and removal of, and the compensation to be paid to persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the chairman, subject to the approval of the compensation therefor by the Commission, within budgetary provisions. Section 15. Departments. (a) The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the Commission shall be divided into the following departments: (1) Finance. (2) Water and sewer. (3) Public works. (4) Public safety. (5) Fire. (6) Parks and recreation. (7) Law. (8) Buildings and inspections. (9) Zoning and planning. (b) Additional departments may be created, or any two or more departments may be consolidated, from time to time, by a majority of the Commission, except that the Department of Finance shall be maintained at all times as a separate and distinct department.

Page 2831

Section 16. Department of Finance. (a) The Department of Finance shall be under the supervision and control of the executive assistant. The executive assistant shall be appointed by the chairman of the Board of Commissioners and confirmed by the Commission and shall be directly responsible to them. His compensation shall be fixed by the Commission. (b) The Department of Finance shall, pursuant to the resolutions adopted by the Commission and instructions given by the chairman, perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the county. (2) Compile the annual budget covering all funds. (3) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same. (4) Maintain current accounts over the collection and deposit of monies due the county from taxes and other sources. (5) Examine all claims against the county and make recommendations as to payment. (6) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations. (7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (8) Prepare and issue quarterly financial reports of the operations of all county funds. (9) Maintain property control records of all county property, including equipment and stores, and supervise stores.

Page 2832

(10) Publish an itemized list of all warrants and checks issued for each immediate preceding three (3) months' period within thirty (30) days following each such period, commencing January 1, 1978. The itemized list shall be posted on the bulletin board of the Rockdale County Courthouse and maintain thereon for at least thirty (30) days. (11) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of financing those requirements and advise the chairman and Commission on financial matters. (12) Perform such other duties as may be assigned by the chairman or the Commission or both. Section 17. Records; Minutes. The executive assistant shall be ex officio clerk of the Commission and chairman, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the chairman. The minute books of the chairman and Commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the Commission in an amount sufficient to defray the cost of preparing same. Section 18. Budget: Elected Officials. Each elected official who operates a county fund shall submit an annual budget to the Board of Commissioners on or before April 1, of each year beginning in 1978. Said budget will constitute a part of the budget submitted by the chairman governing expenditures of all county funds to the Commission as prescribed in section 19 of this Act; provided, however, said budget submitted by an elected official shall not be reduced or increased prior to submission to the Board of Commissioners. The budget of an elected official shall not be reduced below the amount of the immediate prior year without the approval of the elected official. The elected official is herein

Page 2833

defined as sheriff, judge of the probate court, clerk of superior court, tax commissioner, coroner. Prior to formal adoption of the Board of Commissioners and implementation of said budget, each elected official shall continue to receive those funds for operation of said elected official's office from the county treasury as each elected official is now receiving or was receiving during the year 1977. Section 19. Budget and Appropriations. The chairman shall submit annually to the Commission, not later than June 1, beginning in 1978, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The Commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Rockdale County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the Commission at the first regular meeting in August of the year to which it applies, which budget, when so adopted or amended by the Commission, shall constitute the Commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the Commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget, as amended, shall be transmitted by the chairman to the grand jury of the Superior Court of Rockdale County within ten days from the time such budget or amendment thereof is adopted by the Commission. Section 20. Expenditures by Allotments. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the Commission. The chairman shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the executive assistant and the Department

Page 2834

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

Page 2835

is employed purchase from or sell to the county any real or personal property, goods, or services. Any contracts made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of section 23-1714 of the Code of Georgia of 1933. Section 24. Referendum. Not less than 30 nor more than 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 Rockdale County to issue the call for an election for the purpose of submitting this Act to the voters of said county for approval or rejection. The judge of the probate court shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The judge of the probate court shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Rockdale County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating a Board of Commissioners of Rockdale County be approved? All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Rockdale County. It shall be the duty of the judge of the probate court to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

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Section 25. Effective Date. This Act, when approved and ratified by the voters of Rockdale County in the referendum provided for in section 24 of this Act, shall become effective on the first day of the month immediately following the election of Commissioners for Post 1 and Post 2, except that the provisions herein contained necessary for the purpose of electing Commissioners in Post 1 and Post 2 shall become effective immediately upon approval of this Act in the referendum provided for in section 24. Section 26. Specific Repealer. An Act creating the Office of Commissioner of Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, is hereby repealed in its entirety. Section 27. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to create a new Board of Commissioners for Rockdale County; to specifically repeal an Act creating the Office of Commissioner of Rockdale County, approved February 18, 1941 [Ga. Laws 1941, p. 952], as amended; and for all matters relative thereto; to provide for a referendum; to provide for an effective date; and for other purposes. This 28th day of December, 1976. Clarence R. Vaughn, Jr. Representative 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn 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

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in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. ROCKDALE COUNTYTAX COMMISSIONER'S OFFICESALARY CHANGES, ETC. No. 120 (House Bill No. 612). An Act to amend an Act creating the office of Tax Commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2688), so as to change the salaries of the chief deputy and deputy tax commissioners; to provide for additional personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2688), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The Tax Commissioner of Rockdale County shall receive a salary of $1,470.00 per month, payable from the funds of Rockdale County. The tax commissioner shall be authorized to appoint a chief deputy and four full-time

Page 2838

deputies to assist him in the discharge of his official duties. The chief deputy shall receive a salary of not more than $685.00 per month, payable from the funds of Rockdale County. The other deputies shall each receive salaries of not more than $630.00 per month, payable from the funds of Rockdale County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act creating the Office of Tax Commissioner of Rockdale County, approved February 26, 1943 [Ga. Laws 1943, p. 11061], as amended; and for other purposes. This 26th day of December, 1976. Clarence R. Vaughn, Jr. Representative 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

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ROCKDALE COUNTY CORONER'S SALARY CHANGED, ETC. No. 121 (House Bill No. 613). An Act to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2690), so as to change the salary of the coroner; to change the autombile expense allowance of the coroner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2690), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The coroner shall receive a salary of $210.00 per month from the funds of Rockdale County. In addition to said salary, the coroner shall receive an automobile expense allowance of $120.00 per month, payable from the funds of Rockdale County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 [Ga. Laws 1967, p. 2505], as amended; and for other purposes. This 28th day of December, 1976. Clarence R. Vaughn, Jr. Representative, 57th District

Page 2840

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. ROCKDALE COUNTY COMMISSIONER'S SALARY CHANGED. No. 122 (House Bill No. 614). An Act to amend an Act creating the office of Commissioner of Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2695), so as to change the salary of the commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Rockdale County, approved February 18, 1941 (Ga. L. 1941,

Page 2841

p. 952), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2695), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The Commissioner of Rockdale County shall receive an annual salary of $19,500.00 per annum. Said salary shall be paid in equal monthly installments from county funds. The commissioner shall also receive, in addition to his salary, an expense allowance of $3,600.00 per annum, payable in equal monthly installments from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Rockdale County, approved February 18, 1941 [Ga. Laws 1941, p. 952], as amended, and for other purposes. This 28th day of December, 1976. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale

Page 2842

County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. ROCKDALE COUNTY PROBATE COURTSALARIES CHANGED, ETC. No. 123 (House Bill No. 615). An Act to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2143), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2692), so as to change the salary of the judge of the probate court and his chief deputy; to provide for a full-time deputy and his salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2143), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2692), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows:

Page 2843

Section 2. The judge of the probate court shall receive a salary of $1,470.00 per month, payable from the funds of Rockdale County. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The Judge of the Probate Court of Rockdale County is hereby authorized to appoint a chief deputy and one additional deputy to assist him in the performance of the duties of his office. The chief deputy shall receive a salary of not more than $685.00 per month. The other deputy shall receive a salary of not more than $630.00 per month. Said personnel shall be paid from the funds of Rockdale County. The judge of the probate court, during his term of office, shall have the authority to designate and name the persons who shall be employed as the chief deputy and deputy and to prescribe their duties and assignments. The judge of the probate court may remove such chief edputy or deputy at any time with or without cause. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the Judge of Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 [Ga. Laws 1969, p. 2173], as amended, and for other purposes. This 28th day of December, 1976. Clarence R. Vaughn, Jr. Representative, 57th District

Page 2844

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. ROCKDALE COUNTY SUPERIOR COURTSALARIES CHANGED, ETC. No. 124 (House Bill No. 616). An Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2697), so as to change the salary of the clerk and his deputies; to provide for additional deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, approved March

Page 2845

4, 1969 (Ga. L. 1969, p. 2176), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2697), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The Clerk of the Superior Court of Rockdale County shall receive a salary of $1,470.00 per month, payable from the funds of Rockdale County. Said salary shall be the sole compensation of the Clerk of the Superior Court of Rockdale County, whether he be ex officio clerk of other courts or not, but he shall be reimbursed for all expenses incurred in the official operation of his office. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The Clerk of the Superior Court of Rockdale County shall have the authority and discretion to appoint the following clerks and employees; one chief deputy clerk and six deputy clerks. The chief deputy clerk shall receive a salary of not more than $685.00 per month. The deputy clerks shall each receive a salary of not more than $630.00 per month. The salaries of all employees of the clerk of the superior court shall be paid in equal monthly installments out of county funds; provided, however, that such other additional help as may become necessary may be employed by the clerk of the superior court, and he shall fix their compensation upon approval by the county governing authority. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, approved March

Page 2846

4, 1969 [Ga. Laws 1969, p. 2176], as amended, and for other purposes. This 28th day of December, 1976. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. ROCKDALE COUNTY PUBLIC DEFENDER'S SALARY CHANGED. No. 125 (House Bill No. 617). An Act to amend an Act providing for a Public Defender for Rockdale County, approved March 12, 1975 (Ga. L. 1975, p. 2685), so as to change the compensation of the public

Page 2847

defender; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a Public Defender for Rockdale County, approved March 12, 1975 (Ga. L. 1975, p. 2685), is hereby amended by striking from subsection (a) of section 2 the following: $6,000.00, and substituting in lieu thereof the following: $7,200.00, so that when so amended, subsection (a) shall read as follows: (a) The Public Defender for Rockdale County shall be compensated in the amount of $7,200 per annum which shall be payable monthly from the funds of Rockdale County. The public defender shall not be authorized to receive any fees provided by law for the defense of indigent defendants in addition to the compensation provided for herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend the Act creating a Rockdale County Public Defender, approved March 12, 1975 [Ga. Laws 1975, p. 2685]; and for other purposes. This 28th day of December, 1976. Clarence R. Vaughn, Jr. Representative 57th District

Page 2848

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. ROCKDALE COUNTY SHERIFF'S SALARY ACT AMENDED. No. 126 (House Bill No. 618). An Act to amend an Act placing the Sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2702), so as to change the compensation of the sheriff and his deputies; to change the number of deputies; to change the number of equipped automobiles to be furnished to the sheriff's office; to provide for additional personnel; to change the cost of board for prisoners; to repeal conflicting laws; and for other purposes.

Page 2849

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved March 12, 1975 (Ga. L. 1975, p. 2702), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff shall receive a salary of $1,470 per month, payable from the funds of Rockdale County. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The sheriff shall have the authority to appoint twenty-two full-time deputies, six deputy jailers, and five investigators. From the full-time deputies, he may appoint a chief deputy-captain, one lieutenant, three sergeants and three corporals. Such personnel shall receive monthly salaries not in excess of the following: chief deputy-captain, $1,000; deputies, $840 each; deputy jailers, $715 each; lieutenant, $890; sergeants, $875 each; corporals, $850 each. From the five investigators, the sheriff may appoint one sergeant-investigator and fix his salary at $950 per month. The remaining investigators shall each receive a monthly salary of $930. Each investigator shall also receive a clothing allowance of $300 per annum. The sheriff may also employ two clerical assistants who shall each receive a salary of not more than $630 per month. All salaries shall be fixed by the sheriff and shall be paid monthly from the funds of Rockdale County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. Deputies, etc. Section 3. Said Act is further amended by striking section

Page 2850

5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. The governing authority of Rockdale County shall furnish the sheriff with twelve fully equipped automobiles for his use in connection with the official duties of his office. One of said cars shall be equipped with an approved electronic or radar speed detection device. In addition to the salary provided for in section 2 hereof, the sheriff shall receive the cost of board for prisoners. The board for prisoners shall be $4.00 per day per person, in order to meet the cost of housing and feeding each prisoner confined in the county jail. The sums provided in this section shall be paid to the sheriff on a monthly basis from the funds of Rockdale County. The sheriff shall be authorized to maintain his office and living quarters at the jail in Rockdale County. Sheriff's auto. 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 1977 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary, approved February 18, 1966 [Ga. Laws 1966, p. 2039], as amended; and for other purposes. This 28th day of December, 1976. Clarence R. Vaughn, Jr. Representative 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

Page 2851

in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. CLAYTON COUNTY PROBATE JUDGE'S SALARY ACT AMENDED. No. 127 (House Bill No. 635). 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 5, 1976 (Ga. L. 1976, p. 2866), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Clayton County on an annual salary in lieu of the fee system, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2866), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows:

Page 2852

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 twenty-one thousand dollars ($21,000.00) 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. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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 below was published in said newspaper on the following dates: January 18 and 25 and February 1st, 1977. /s/ Jim Wood, Publisher Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill 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. Laws 1950, p. 2068), as amended, so as to change the compensation of said officer; to provide an effective date; and for other purposes. This 10th day of January, 1977. Rudolph Johnson Representative, 72nd District
Page 2853

William J. Lee Representative, 72nd District Jimmy Benefield Representative, 72nd District Jim Wood Representative, 72nd District Virginia Shapard Senator, 28th District Terrell A. Starr Senator, 44th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved March 4, 1977. CLAYTON COUNTY TAX COMMISSIONER'S SALARY CHANGED. No. 128 (House Bill No. 637). An Act to amend 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 5, 1976 (Ga. L. 1976, p. 2867), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single

Page 2854

office of Tax Commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2867), 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 twenty-one thousand dollars ($21,000.00) 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 and compensation received and retained by him so that the salary herein 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. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2855

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 below was published in said newspaper on the following dates: January 18 and 25 and February 1st, 1977. /s/ Jim Wood, Publisher Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend 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. Laws 1925, p. 600), as amended, so as to change the compensation of said officer; to provide an effective date; and for other purposes. This 10th day of January, 1977. Rudolph Johnson Representative, 72nd District William J. Lee Representative, 72nd District Jimmy Benefield Representative, 72nd District Jim Wood Representative, 72nd District Virginia Shapard Senator, 28th District Terrell A. Starr Senator, 44th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved March 4, 1977.

Page 2856

CLAYTON COUNTY DISTRICT ATTORNEYCOUNTY SALARY SUPPLEMENT PROVIDED. No. 129 (House Bill No. 638). An Act to provide for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit; 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 addition to the salary payable from State funds, the District Attorney of the Clayton Judicial Circuit shall receive a county supplement of two thousand five hundred dollars ($2,500.00) per annum payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is hereby authorized and directed to pay the district attorney the additional compensation provided for herein. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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 below was published in said newspaper on the following dates: January 18 and 25 and February 1, 1977. /s/ Jim Wood Publisher

Page 2857

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide a county supplement to the salary and contingent expense allowance of the District Attorney of the Clayton Judicial Circuit; to provide an effective date; and for other purposes. This 10th day of January, 1977. Rudolph Johnson Representative, 72nd District William J. Lee Representative, 72nd District Jimmy Benefield Representative, 72nd District Jim Wood Representative, 72nd District Virginia Shapard Senator, 28th District Terrell A. Starr Senator, 44th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved March 4, 1977. CLAYTON COUNTY SUPERIOR COURTSHERIFF'S AND CLERK'S SALARIES CHANGED. No. 130 (House Bill No. 636). 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

Page 2858

February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2870), so as to change the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the 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 March 5, 1976 (Ga. L. 1976, p. 2870), 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 twenty-one thousand dollars ($21,000.00) 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. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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

Page 2859

that the legal advertisement which appears below was published in said newspaper on the following dates: January 18 and 25 and February 1, 1977. /s/ Jim Wood, Publisher Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill 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. 1019), as amended, so as to change the compensation of said officers; to provide an effective date; and for other purposes. This 10th day of January, 1977. Rudolph Johnson Representative, 72nd District William J. Lee Representative, 72nd District Jimmy Benefield Representative, 72nd District Jim Wood Representative, 72nd District Virginia Shapard Senator, 28th District Terrell A. Starr Senator, 44th District Sworn to and subscribed before me this 1st day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved March 4, 1977.

Page 2860

ELBERT COUNTY BOARD OF COMMISSIONERS ACT AMENDED. No. 131 (House Bill No. 652). An Act to amend an Act entitled An Act to provide a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2473), 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 entitled An Act to provide a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2473), is hereby amended by striking from section 2 the following: $10,000.00, and inserting in lieu thereof the following: $13,500.00, so that section 2, when so amended, shall read as follows: Section 2. The Chairman of the board shall receive an annual salary of $13,500.00, payable in equal monthly installments. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2861

Georgia, Elbert County. Affidavit of Publisher of the Elberton Star Regarding Notice of Intention to Introduce Local Legislation. Personally appeared before the undersigned officer authorized by law to administer oaths appeared Mr. Bob Williford, editor and publisher of The Elberton Star, who on oath deposes and says that the following Notice Of Intention To Introduce Local Legislation was published on December 28, 1976, January 4, 1977, and January 11, 1977, all in accordance with the Georgia Constitution. The following Notice was published on the above stated dates, to-wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act entitled An Act to provide a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. Laws 1875, p. 253), as amended, so as to change the compensation of the Chairman of the Board of Commissioners of Elbert County; and for other purposes. This 27th day of December, 1976. /s/ William M. Shurling, III Shurling Roberts Attorneys at Law Attorneys for Elbert County 326 Elbert Street Elberton, Georgia 30635 404-283-7172 Run on: 28, December, 1976; 4, January, 1977; 11, January, 1977. /s/ R. L. Williford Sworn to and subscribed before me this 25 day of January, 1977. /s/ Sherry H. Webb Notary Public (Seal). Approved March 4, 1977.

Page 2862

CITY OF PAVO CHARTER AMENDEDFIRE DEPARTMENT'S RESPONSIBILITIES CHANGED. No. 132 (House Bill No. 666). An Act to amend an Act creating a new charter for the City of Pavo, Georgia (formerly the Town of Pavo), in the Counties of Thomas and Brooks, which was approved August 21, 1911 (Ga. L. 1911, p. 1053), as amended by an Act approved August 11, 1913 (Ga. L. 1913, p. 1096), an Act approved July 30, 1927 (Ga. L. 1927, p. 1465), an Act approved March 27, 1947 (Ga. L. 1947, p. 1096), an Act approved February 12, 1952 (Ga. L. 1952, p. 2390), an Act approved December 9, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2086), an Act approved April 5, 1961 (Ga. L. 1961, p. 3101), an Act approved March 10, 1970 (Ga. L. 1970, p. 2433), and an Act approved March 22, 1974 (Ga. L. 1974, p. 2799), so as to provide for the answering of calls by the Fire Department of the City of Pavo in the event of fires occurring without the boundaries of the City of Pavo under certain conditions; to regulate and fix the conditions under which the Fire Department of the City of Pavo will answer calls to fires without the boundaries of the City of Pavo; to provide for and limit a charge to be made by the City of Pavo in the event a call is answered on account of fire without the boundaries of the City of Pavo; to authorize the City of Pavo to fix and determine such conditions, regulations and charges for answering fire calls without the boundaries of the City of Pavo within a five-mile radius of the City of Pavo, and answering fire calls for assistance from neighboring owns and cities; 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 Pavo, Georgia (formerly the Town of Pavo), in the Counties of Thomas and Brooks, which was approved August 21, 1911 (Ga. L. 1911, p. 1053), as amended by an Act approved August 11, 1913 (Ga. L. 1913, p. 1096), an Act approved July 30, 1927 (Ga. L. 1927, p. 1465), an Act approved March

Page 2863

27, 1947 (Ga. L. 1947, p. 1096), an Act approved February 12, 1952 (Ga. L. 1952, p. 2390), an Act approved December 9, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2086), an Act approved April 5, 1961 (Ga. L. 1961, p. 3101), an Act approved March 10, 1970 (Ga. L. 1970, p. 2433), and an Act approved March 22, 1974 (Ga. L. 1974, p. 2799), is hereby amended by adding a new section after section 33 thereof, to be designated section 33A, to read as follows: Section 33A. (a) The mayor and council of Pavo shall have the authority to establish a fire zone not to exceed a distance of five miles from the city limits of the City of Pavo at its nearest point, and shall have authority to provide for the answering of fire calls within such zone by the Fire Department of the City of Pavo. The establishment of such fire zone and the answering of such fire calls shall not be considered obligatory or mandatory, nor shall any person seeking protection within such fire zone be deemed to have any right to compel the said fire department to answer such call, nor to assert any liability against the City of Pavo for failure to answer such call, it being expressly provided that whenever, in the opinion of the Chief or Acting Chief of the Fire Department of the City of Pavo, the use of equipment and personnel to answer out-of-town calls would jeopardize the safety or welfare of persons or property inside the corporate limits of the City of Pavo, the Chief or Acting Chief may refuse to make such calls without liability to the city or to himself. (b) The City of Pavo shall have the right to charge and collect a charge of not more than $50.00 for the answering of such fire calls without the city limits. (c) The mayor and council of the City of Pavo shall also have the authority to authorize the fire department of the city to asnwer calls for assistance from the fire departments of neighboring towns and cities, and from county, State and federal agencies requesting assistance. (d) The City of Pavo in answering such fire calls as herein set forth shall retain and enjoy all the immunities and privileges which it now has or would have if such fire

Page 2864

calls were answered within the limits of the City of Pavo. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1977 session of the General Assembly of Georgia, the title of such bills to be as follows: An Act to amend an Act creating a new charter for the City of Pavo, Georgia, (formerly the Town of Pavo), in the Counties of Thomas and Brooks, which was approved August 21, 1911, (Ga. L. 1911, p. 1053), as amended by Acts approved August 11, 1913, (Ga. L. 1913, p. 1096), July 30, 1927, (Ga. L. 1927, p. 1445), March 27, 1947, (Ga. L. 1947, p. 1096), February 12, 1952 (Ga. L. 1952, p. 2390), December 9, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2086), April 5, 1961, (Ga. L. 1961, p. 3101), March 10, 1970, (Ga. L. 1970, p. 2433), and an Act approved March 22, 1974 (Ga. L. 1974, p. 2799), so as to provide for the answering of calls by the Fire Department of the City of Pavo in the event of fires occurring without the boundaries of the Ciy of Pavo under certain conditions; to regulate and fix the conditions under which the Fire Department of the City of Pavo will answer calls to fires without the boundaries of the City of Pavo; to provide for and limit a charge to be made by the City of Pavo in the event a call is answered on account of fire without the boundaries of the City of Pavo; and to authorize the City of Pavo to fix and determine such conditions, regulations and charges for answering fire calls without the boundaries of the City of Pavo within a five mile radius of the City of Pavo, and answering fire calls for assistance from neighboring towns and cities; and to repeal all conflicting laws; and for other purposes. By authorization of the Mayor and Council of the City of Pavo, Georgia. P. C. Andrews, Jr. City Attorney

Page 2865

Georgia, Thomas County. Personally appeared before the undersigned attesting officer L. Edward Kelly, who on oath says that he is the Editor-Publisher of the Thomasville Times-Enterprise, a daily newspaper published in the City of Thomasville, Georgia, being of general circulation and being the legal organ for the County of Thomas, who certifies that legal notice, a true copy of which is hereby attached, being notice of intention for local legislation, was duly published once a week for three weeks as required by law, said dates of publication being December 31, 1976, and January 7 and January 14, 1977. /s/ L. Edward Kelly Sworn to and subscribed before me, this 21st day of January, 1977. /s/ Lea W. Sampson Notary Public, Georgia Residing in Thomas County. My Commission expires Feb. 16, 1980. (Seal). Approved March 4, 1977. CITY OF CHATSWORTH CHARTER AMENDEDBOUNDARIES CHANGED. No. 133 (House Bill No. 667). An Act to amend an Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2116), so as to redefine the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2866

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2116), 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 corporate limits of the City of Chatsworth shall be as follows: The City of Chatsworth shall contain all or portions of Land Lots Nos. 131, 155, 156, 157, 158, 167, 168, 169, 192, 193, 194, 203, 204, 205, 228, 229, 230, 231, 238, 239, 266 and 267 in the 9th District and 3rd Section of Murray County, Georgia, and being more particularly described as follows: BEGINNING at the point of intersection of the south right-of-way line of U.S. Highway No. 76 and the west original line of Land Lot No. 229 in the 9th District and 3rd Section of Murray County, Georgia; thence running in an Easterly direction along and with the south right-of-way line of U.S. Highway No. 76, a distance of 2,000 feet to land of B. F. Babb; thence south with west line of land of B. F. Babb, a distance of 210 feet; thence northeasterly with south line of land of B. F. Babb, a distance of 210 feet; thence south with west line of land of John Woods and Frankie Woods, a distance of 210 feet; thence northeastwardly with south lines of lands of John Woods and Frankie Woods, Mrs. C. D. Gray, Lila G. Cox and George B. and Willie Mae Leonard, a distance of 550 feet to southeast corner of land of George B. and Willie Mae Leonard; thence north with east line of land of George B. and Willie Mae Leonard, a distance of 150 feet to land of Myrtle Heartsell; thence northeastwardly with south line of land of Myrtle Heartsell, distance of 200 feet to west original line of Land Lot No. 230; thence south on west original line of Land Lot No. 230 and west original line of Land Lot No. 239, a distance of 3,232 feet to the south side of a public road; thence South 89 degrees East with south side of said public road,

Page 2867

a distance of 1,085 feet to a point; thence east with south side of said public road 490 feet to its intersection with the west side of U. S. Highway No. 411; thence south, along the west right-of-way of U.S. Highway 411, a distance of 900 feet to the line which divides Land Lots 239 and 266; thence west, along said Land Lot line, a distance of 257 feet to a point; thence south 17 degrees 40 minutes east, a distance of 210 feet to a point; thence due south, a distance of 303 feet to a point; thence south 27 degrees 24 minutes east, a distance of 359.7 feet to a point; thence south 28 degrees east, a distance of 500 feet to a point; thence south 20 degrees 45 minutes east, a distance of 547 feet to a point; thence north 78 degrees 45 minutes east, a distance of 31.5 feet crossing U. S. Highway 411, to a point located on the right-of-way of said Highway; thence run southeast, along the northeast right-of-way of said Highway, a distance of 673 feet to a point located on the line which divides Land Lots 266 and 267; thence north, along said dividing line, a distance of 900 feet to a point; thence north 69 degrees 27 minutes east, a distance of 724 feet to Holly Creek; thence in a northerly direction following the meanderings of Holly Creek crossing a dividing line of Land Lots 238 and 267, a distance of 3477.5 feet to a point; thence east across Holly Creek and the right-of-way of L. N. Railroad Company, a distance of 195 feet to the east right-of-way line of L. N. Railroad Company; thence in a northwestwardly direction with east right-of-way line of L. N. Railroad Company, a distance of 1,460 feet to the south original line of Land Lot No. 231; thence east on south original line of Land Lot No. 231, a distance of 300 feet to a point; thence north with old city limit line, a distance of 1,890 feet to north right-of-way line of Fort Street (U. S. Highway No. 76); thence west with north right-of-way line of Fort Street, a distance of 170 feet to east side of Holly Street; thence north with east side of Holly Street, a distance of 750 feet to the north original line of Land Lot No. 231; thence west on north original lines of Land Lots Nos. 231 and 230, a distance of 600 feet to east right-of-way line of L. N. Railroad Company; thence in a northerly direction along and with the east right-of-way line of L. N. Railroad Company, a distance of 12,076 feet to a point; thence in a westwardly direction across L. N.

Page 2868

Railroad Company right-of-way and U. S. Highway 411 and along the north right-of-way line of `Old' Spring Place-Ellijay Road (also known as Duvall Road), a total distance of 743.7 feet to the west original line of Land Lot No. 131; thence south on west original lines of Land Lots No. 131; and 158, a distance of 2,260 feet to land of Galaxy Carpet Mills, Inc.; thence north 89 degrees 05 minutes west, a distance of 1,240 feet to the west side of `Old' Spring Place-Ellijay Road (also known as Duvall Road); thence in a southwestwardly direction with west side of said road, a distance of 720 feet to the north line of Industrial Park; thence north 89 degrees 35 minutes west with north line of Industrial Park, a distance of 1163.66 feet to the west original line of Land Lot No. 157; thence north on said west original line to the original northwest corner of said Lot. No. 157; thence west on north original line of Land Lot No. 156, a distance of 1,065 feet to Mill Creek; thence in a southwestwardly direction down Mill Creek to the centerline of Land Lot No. 155 which divides the east half of said lot from the west half of said lot; thence south 00 degrees 03 minutes west with east line of land of C. B. Duvall, a distance of 1,223.73 feet to the south side of Industrial Boulevard; thence east with south right-of-way line of Industrial Boulevard, a distance of 3,876.21 feet to the original southeast corner of Land Lot No. 156; thence south on west original line of Land Lot No. 168, a distance of 1,098.7 feet; thence south 88 degrees 58 minutes 42 seconds west, a distance of 795 feet; thence north 25 degrees 13 minutes west, a distance of 518.6 feet to the south side of Duvall Road; thence south 69 degrees 10 minutes west with south right-of-way line of Duvall Road, a distance of 752 feet; thence south 25 degrees 13 minutes east, a distance of 885.4 feet; thence north 69 degrees 10 minutes east, a distance of 492 feet to a point; thence north 25 degrees 13 minutes west, a distance of 55.4 feet; thence north 69 degrees 10 minutes east, a distance of 260 feet; thence east 662.2 feet to the east original line of Land Lot No. 169; thence south on the east original line of Land Lot No. 169, a distance of 1,350 feet to the original southeast corner of said Lot No. 169; thence west on north original line of Land Lot No. 192, a distance of 315 feet; thence south 811.83 feet to a point; thence south 89 degrees 44

Page 2869

minutes west, a distance of 400 feet; thence south 525 feet to land of Murray County Board of Education; thence west on centerline of Land Lot No. 192, said line being the north line of Murray County High School property, a distance of 1,800 feet to the west original line of Land Lot No. 192; thence south on west original line of Land Lot No. 192, a distance of 1,320 feet to the original southwest corner of said Lot No. 192; thence east on south original line of Land Lot No. 192, a distance of 1,500 feet to the west right-of-way line of `Old' Spring Place-Ellijay Road; thence southwestwardly with west side of `Old' Spring Place-Ellijay Road, a distance of 790 feet to a point; thence south across said road and on south with west line of Charles Subdivision, a distance of 1,720 feet to the south side of Virginia Avenue; thence east with south right-of-way line of Virginia Avenue (south line of Charles Subdivision), a distance of 700 feet to west line of Pryor Campbell Heights Subdivision; thence south with west line of Pryor Campbell Heights Subdivision, a distance of 1,700 feet to the south right-of-way line of U. S. Highway No. 76; thence east with south right-of-way line of U.S. Highway No. 76, a distance of 150 feet to a point; thence north across said highway and on north with east right-of-way line of Columbus Street, a distance of 560 feet to south side of Bernard Street; thence in an eastwardly direction with south right-of-way line of Bernard Street, a distance of 464.5 feet to the west original line of Land Lot No. 229; and thence south on west original line of Land Lot No. 229, a distance of 500 feet to the beginning point. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia

Page 2870

a bill to annex certain land to the City of Chatsworth and to set out and describe the city limits of the City of Chatsworth, Georgia, and for other purposes, being an act to amend an act of the General Assembly of Georgia, approved August 18, 1923 (Ga. L. 1923, p. 529). This 10th day of January, 1977. Thomas Polk Ramsey, III Representative District No. 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County, on the following dates: January 13, 20 and February 3, 1977. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. WALKER COUNTY SUPERIOR COURTSALARIES CHANGED. No. 134 (House Bill No. 670). An Act to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Walker County and providing in lieu thereof an annual salary,

Page 2871

approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3798), so as to change the total amount which deputies, clerks, assistants and other personnel might receive; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the Clerk of the Superior Court of Walker County and providing in lieu thereof an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3798), is hereby amended by striking from subsection (a) of section 4 the following: $25,000, and inserting in lieu thereof the following: $27,500, so that when so amended, section 4 shall 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 $27,500 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia. (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, form time to time, recommend to the Commissioner

Page 2872

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 by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. There will be introduced in the General Assembly of Georgia at the 1977 session a bill to amend the Act relative to the salaries of personnel in the Office of the Clerk of the Superior Court of Walker County, so as to provide additional funds for the operation of said office. Bill McDaniel, Clerk. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ

Page 2873

of Walker County, on the following dates: January 12, 19, 26, 1977. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 4, 1977. CITY OF ROSSVILLE CHARTER AMENDEDTERMS OF CITY OFFICIALS CHANGED, ETC. No. 136 (House Bill No. 673). An Act to amend an Act creating a new Charter for the City of Rossville, approved March 22, 1974 (Ga. L. 1974, p. 2819), so as to change the provisions relating to the terms of office of the Mayor and Councilmen of the City of Rossville; to provide for initial and regular terms of office; to change the provisions relating to municipal 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 Rossville, approved March 22, 1974 (Ga. L. 1974, p. 2819), is hereby amended by striking from the first sentence of section 211 the following: The, and inserting in lieu thereof the following:

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Except as otherwise provided in Section 5.10, the, so that when so amended, section 2.11 shall read as follows: Section 2.11. Terms and Qualifications of Office. Except as otherwise provided in section 5.10, the members of the Council shall serve for terms of four (4) years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one (1) year immediately prior to the date of the election of Mayor or members of the Council 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 Rossville, Georgia, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Section 2. Said Act is further amended by striking section 5.10, which reads as follows: Section 5.10. Regular Elections; Time for Holding. On the first Saturday in December, 1974, and on said date every four (4) years thereafter, there shall be an election for the office of Mayor, on the same day and same month in 1974, there shall be elected four (4) Councilmen, to be elected at large for a term of four (4) years, also there shall be elected on the same day, a tax assessor or tax coordinator to serve a term of four (4) years. The terms of office for the Mayor and Councilmen and tax assessor or tax coordinator shall begin at the day and hour of taking oath of office as provided for in Article 2.-section 2.-30 of this Charter., and inserting in lieu thereof a new section 5.10, to read as follows: Section 5.10. Regular Elections; Time for Holding. Municipal elections for the City of Rossville shall be held on the first Saturday in December of each even-numbered year. At the municipal election in 1978, and at the municipal

Page 2875

election each four (4) years thereafter a Mayor shall be elected. At the municipal election in 1978, there shall be elected four (4) Councilmen. The Mayor and Councilmen shall be elected by the voters of the entire City. At the 1978 election the four (4) candidates for Councilmen receiving the highest number of votes cast in such election shall be elected as Councilmen. The two (2) persons elected Councilmen who receive the highest number of votes shall serve for an initial term of office of four (4) years each and until their respective successors are duly elected and qualified. The other two (2) persons elected as Councilmen in the 1978 municipal election shall serve for initial terms of office of two (2) years each and until their respective successors are duly elected and qualified. Thereafter, all persons who are elected Councilmen shall serve for terms of office of four (4) years each and until their respective successors are duly elected and qualified. All elections for Mayor and Councilmen shall be by a plurality vote. At the municipal election in 1978, there shall be elected a tax assessor or tax coordinator who shall serve for a term of office of four (4) years and until his respective successor is duly elected and qualified. The terms of office for the Mayor and Councilmen and tax assessor or tax coordinator shall begin at the day and hour of taking the oath of office as provided for in Article 2, section 2.30 of this Charter. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice To Introduce Legislation. Notice is hereby given that there will be introduced at the 1977 session of the General Assembly of the State of Georgia a Bill to amend the charter of the City of Rossville and provide for the holding of elections for the offices of Mayor and City Council and provide for their time of holding such that: (A) On the first Saturday in December, 1978 and on said date every four (4) years thereafter, there shall be an election for the office of Mayor. (B) On the first Saturday in December, 1978, there shall be an election to elect four (4) councilmen, to be selected at

Page 2876

large, by a plurality of the vote such that the four (4) candidates receiving the highest number of votes shall be elected to office. Further, that the two candidates who receive the first and second highest number of votes are elected for a term of four (4) years and the two candidates who receive the third and fourth highest total of votes are elected for a term of two (2) years. (C) An additional election shall be held on the first Saturday in December, 1980 and on said date at two year intervals thereafter, to elect two councilmen, to be selected at large by a plurality of the vote for a term of four (4) years such that two four (4) years terms will expire each two years. This 18th day of January, 1977. Wayne Snow, Jr., Representative, District 1, Post 3, Walker County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 19, 26 and February 2, 1977. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 4th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

Page 2877

CITY OF SAVANNAH BEACH, TYBEE ISLAND, CHARTER AMENDEDELECTIONS CHANGED, ETC. No. 137 (House Bill No. 675). An Act to amend an Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, so as to change the date of regular elections for the City of Savannah Beach, Tybee Island; to change the amounts of the fines authorized to be imposed in the Recorder's Court; to provide for the election of a City Administrator; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, is hereby amended by striking from section 19 the following: On the first Monday in April, 1970, and every two years thereafter on the first Monday in April, and inserting in lieu thereof: on the first Monday in May, so that when so amended section 19 shall read as follows: Section 19. On the first Monday in May in each even year, a regular election shall be held in the City of Savannah Beach, Tybee Island at the City Hall or at such other place or places as the City Council may designate, for the election of a Mayor and six Councilmen qualified for office as is hereinbefore and hereinafter provided; and any incumbent Mayor or incumbent Councilman who shall qualify as a candidate and be qualified to hold the office sought under provisions of this Act, may be a candidate in any election to succeed himself or for office on the City Council. Section 2. Said Act is further amended by striking from subsection (c) of section 44 the following:

Page 2878

Two hundred dollars ($200.00), and inserting in lieu thereof: Three hundred dollars ($300.00), so that when so amended subsection (c) of section 44 shall read as follows: (C) The Judge or other presiding officer in the Court shall have full power and authority to sentence, upon conviction for violation of a City ordinance, or upon conviction of a State law where jurisdiction is inherent, applicable or waived, any offender to labor upon the streets or other public works in said City for a period not exceeding sixty (60) days, or to impose a fine not exceeding three hundred dollars ($300.00), or to confinement and imprisonment in the City or county prison for a period not exceeding two (2) months; and one or more of said penalties or any part of one or all of them, may be imposed, in the discretion of the presiding Judge. Section 3. Said Act is further amended by inserting in section 54, following the words City Clerk, the following: ,City Administrator, so that when so amended section 54 shall read as follows: Section 54. The City Council, by a majority vote of the Council, shall elect any or all of the following municipal officers: City Clerk, City Administrator, City Treasurer, Tax Collector, Tax Receiver, Tax Commissioner, Registrar, members of the authorized municipal agencies and commissions, Chief of Police and as many other policemen as the City Council may deem necessary, City Marshal, a Recorder or Judge to preside in and over the Recorder's Court of the City, a Clerk of the Court, Administrative Clerks of the Court, a City Physician, a City Attorney, a Superintendent of Water Works and Sewerage, a Street Superintendent, a Superintendent of Utilities, a Clerk of Council, a Superintendent of the Public Works Department as the City Council may deem proper, and such other officials and employees

Page 2879

as they shall deem needful and necessary, for the proper carrying on of the affairs of the municipality under control of the government and of the work of the various agencies of the government of the City. The City Council may designate, if they so desire, that one person shall hold more than one of the employments or offices which they may create by ordinance, and fill by their election or appointment. The Council of the City shall fix the compensation, prescribe the duties and specify the term of employment of each person whom they shall employ to serve the government and the City of Savannah Beach, Tybee Island in any capacity; provided, however, that in the event the City Council shall fail to state the term or duration of the employment, in any instance, such employee so appointed or elected by the Council shall serve only for and during the pleasure of the governing authorities of the City and may be by them removed from office or employment at their pleasure, with or without cause and with or without notice. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that at the 1977 Session of the Georgia General Assembly there will be legislation introduced that will change the Charter of the City of Savannah Beach, Tybee Island, Georgia. The changes as approved by counsel will be on record for public inspection at the City Hall, City of Savannah Beach, Tybee Island, Georgia. W. Lance Smith III City Attorney City of Savannah Beach Tybee Island, Georgia 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

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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 4, 11 and 18, 1977. /s/ Tom Taggart Representative, 125th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. CITY OF VIENNANEW CHARTER. No. 138 (House Bill No. 677). An Act to provide a new Charter for the City of Vienna in the County of Dooly; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide effective dates; 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 Vienna, repealing and replacing

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the charter provided by an Act of the General Assembly, approved August 16, 1915 (Ga. L. 1915, p. 899), as amended. The City of Vienna, Georgia, in the County of Dooly and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of the mayor and City Council of Vienna, 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 Vienna shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Vienna, 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 Vienna, 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 as 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. Examples of Powers. The corporate powers of this City may include, but shall not be limited to, the following: (1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law;

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(3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the City, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (5) Municipal Debts. 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; (6) Municipal Property Ownership. 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; (7) 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; (8) Condemnation. 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, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including,

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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; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, 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 Georgia Public Service Commission; (11) Roadways. 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; and 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) Public 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, public housing, airports, hospitals, terminals, docks, parking facilities, or 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, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks

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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) Building Regulation. 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 the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive City planning for development by zoning; subdivision regulation and the like as the Mayor and City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shurbs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances;

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(19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. 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) Fire Regulations. 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) Public Hazards, Removal. 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) Solid Waste Disposal. 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) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. 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

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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; 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; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. 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; (28) Jail Sentences. To provide that persons given jail sentences in the City'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; (29) Animal Regulations. 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 disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. 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; (31) Taxicabs. 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;

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(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. 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; (39) Urban Redevelopment. To organize and operate an urban redevelopment program; (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety, and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation,

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cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (42) Other Powers. 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 stated 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 listing 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. 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 shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II. GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of a Mayor and four Councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office. The members of the governing body 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 two years immediately prior to the

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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. Section 2.12. Vacancy; Filling of; Forfeiture of Office (a) The office of Mayor of 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. Prohibitions. 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. Section 2.14. Compensation and Expenses. The salaries of the Mayor and City Council of Vienna shall be fixed by said Mayor and City Council at the first regularly scheduled meeting of the City Council immediately following the regular election held in December of each year except as otherwise limited by the general 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.

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Section 2.15. Code of Ethics. The Council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City. 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 this City 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 creation 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 wellbeing of the inhabitants of this City. 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 provided for by this charter. Section 2.18. Chief Executive Officer. The Mayor shall be the chief executive of this City. He shall possess all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and

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all the executive and administrative powers contained in this charter. Section 2.19. Powers and Duties of Mayor. As the chief executive of this City, the Mayor: (a) shall see that all laws and ordinances of the City are faithfully executed; (b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council; (c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter; (d) shall exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (e) may prepare and submit to the Council a recommended annual operating budget and recommend capital budget; (f) may 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; (g) shall 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) shall call special meetings of the Council as provided for in section 2.23 (b); (i) shall approve or disapprove ordinances as provided in section 2.20; (j) may examine and audit all accounts of the City;

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(k) shall require any department or agency of the City to submit written reports whenever he deems it expedient; (l) shall perform other duties as may be required by general State law, this charter or ordinance. Section 2.20. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Mayor, within ten calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his 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 meeting and should the Council then or at its next general meeting adopt the ordinance by an affirmative vote or three 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 Council over the Mayor's veto as provided herein. The reduced part or parts shall be presented to Council as though disapproved and shall become law unless overridden by Council as in subsection (c) above. Section 2.21. Mayor Pro Tem; Selection; Duties. The Council shall elect by majority vote from among its members a Mayor Pro Tem who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence.

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The Council shall elect an acting Mayor Pro Tem from among its members for any period in which the Mayor Pro Tem is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Council. Section 2.22. Organization Meeting. (a) The Council shall meet for organization on the first scheduled meeting in January next 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 Councilman as the case may be) of this 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) 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 one year and until his successor is elected and qualified. Section 2.23. Regular and Special Meetings. (a) The Council shall hold regular meetings at such times and places as prescribed by ordinance. The Council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the Council may be held on call of the Mayor or two members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice

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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 to the extent required by general State law, and notice to the public of special meetings shall be made fully as is reasonably possible forty-eight hours prior to such meetings. Section 2.24. 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 2.25. 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 a majority of the Council shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.26. 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 Vienna hereby ordains.... and every ordinance shall so begin. (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 2.27. 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 2.28 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 all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Council shall provide for the preparation of a general codification of all 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 Council may specify. This compilation shall be known and cited officially as The Code of the City of Vienna, Georgia. Copies of the Code may 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 this City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such 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. ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by Council. (d) There may be a director of each department or agency who shall be its principal officer. Each director may, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove directors under his supervision. The director involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of three Council members. Section 3.11. Boards, Commissions and Authorities. (a) The Council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms

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of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on 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 general State law. (e) No member of a board, commission or authority shall assume office until he has 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 administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice-chairman 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 general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City. Section 3.12. City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, 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

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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 3.13. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct. Section 3.14. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State 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 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 3.17. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. 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. For purposes of this

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section, all elected and appointed City officials are not City employees. Section 3.18. Personnel Policies. The Council may adopt rules and regulations consistent with this charter concerning: (a) the method of employee selection and probationary periods of employment; and (b) 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; and (c) 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 (d) such dismissal hearings as due process may require; and (e) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV. MUNICIPAL COURT Section 4.10. Creation of Recorder's Court. There is hereby established a court to be known as the Recorder's Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same. Section 4.11. Chief Judge, Associate Judge. (a) The Recorder's Court shall be presided over by a Chief Judge and such part-time, full-time, or standby Associate Judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a Judge on the Recorder's Court unless he shall have attained the age of twenty-one years and be a resident of the same

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judicial circuit as the Recorder's Court is located in. All Judges shall be appointed by Council. (c) Compensation of the Judge or Judges of the Recorder's Court shall be as determined by majority vote of Council. (d) The Recorder's Court Judge or Judges may be removed for cause by a unanimous vote of the Council. (e) Before entering on duties of his office, each Judge shall take an oath given by the Mayor that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality which shall be entered upon Council minutes. Section 412. Convening. The Recorder's Court shall be convened at regular intervals as designated by Council or at such times as deemed necessary by the Judge 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 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 seventy-five dollars. The Recorder's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars or imprisonment for sixty 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 sixty 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

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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 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 the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (f) The Recorder's Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The Recorder's Court is specifically vested with all the jurisdiction and powers throughout the entire area of the City granted by general State laws generally to Mayor's, Recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior

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Court of Dooly 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 thirty 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 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. ARTICLE V. ELECTIONS Section 5.10. Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.11. Election of Council and Mayor. (a) On the first Wednesday of December, 1977, and on said date biennually thereafter, there shall be an election for the Mayor and two Councilmen. For the period beginning when the Mayor and two Councilmen elected as provided herein take office and ending when the first two Councilmen elected under subsection (b) hereof take office, the governing authority of the City of Vienna shall be composed of the Mayor and two Councilmen elected as provided herein and the two Councilmen (aldermen) elected under the former charter of the City of Vienna whose regular terms of office

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will expire at the time the first two Councilmen elected under subsection (b) hereof take office. (b) On the first Wednesday in December, 1978, and on said date biennually thereafter, the remaining two Councilmen shall be elected to serve two-year terms. Thereafter, the Mayor and Councilmen shall be elected on the same date in the order of expiration of terms of those so elected such that a continuing body is created. (c) The terms of office of the Mayor and Councilmen elected as provided in this section shall begin upon their taking the oath of office as provided for in section 2.22 of this charter. Section 5.12. Special Elections; Vacancies. In the event that the office of Mayor or Council member 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 months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term or may leave such office vacant pending the next regular election. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels. Section 5.14. Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended.

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Section 5.15. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed 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) knowingly violate 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 5.16. Procedure for Removal. Removal of an above-described officer may be accomplished by one of the following methods: (a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 Dooly 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 Dooly County as provided by law.

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ARTICLE VI. FINANCE Section 6.10. Property Tax. The Council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion. The City is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive. Section 6.11. Millage Rate, Due Dates, Payment Methods. The Council by ordinance shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. 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. Section 6.12. Occupation and Business Taxes. The Council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this article.

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Section 6.13. Licenses, Permits, Fees. The Council by ordinance shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Service Charges. The Council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, or health services, or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. It unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees. Section 6.15. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. 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.

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Section 6.16. Construction, Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of the City to govern its local affairs. Section 6.17. Collection of Delinquent Taxes and Fees. The Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.18. Transfer of Executions. The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.19. 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.

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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 amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-term Notes. The City must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.22. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or federal law. Section 6.23. Preparation of Budgets. The Council may provide an ordinance on 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 6.24. 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 fund to which it applies. Section 6.25. Capital Improvements Budget. (a) The Mayor may submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the

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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 majority vote of the Council. (b) 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, 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 6.26. Independent Audit. There shall be an annual, independent audit of all City accounts, funds and financial transactions by a certified public accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds of the State or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.27. Contracting Procedures. No contract with the City shall be binding on the City unless: (a) it is in writing; (b) it is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.28. Centralized Purchasing. The Council may by ordinance prescribe procedures for a system of centralized purchasing for the City.

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Section 6.29. Sale of City Property. (a) The Council may sell and convey and real or personal property owned or held by the City for governmental or other purposes as provided by Code section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p. 350), as now or hereafter amended. (b) 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. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII. GENERAL PROVISIONS Section 7.10. Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the

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use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.11. Franchises. The Council shall have the power to grant franchises for the use of the City's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of thirty-five years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City Clerk in a 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 7.12. 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 by ordinance or as may be provided by State law. Section 7.13. Existing Ordinances, Resolutions, Rules, and Regulations. All ordinances, bylaws, resolutions, 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 Council. Section 7.14. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of sixty days before or during which the existing Council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or

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desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. Section 7.15. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or office as may be provided by the Council. Section 7.16. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment not to exceed sixty days or both such fine and imprisonment. Section 7.17. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word City shall mean the City of Vienna, Georgia, and its governing authority. (d) The word Council shall mean the City Council of this City. (e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.18. 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 held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection,

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paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.19. Specific Act Repealed. An Act incorporating the City of Vienna in the County of Dooly, approved August 16, 1915 (Ga. L. 1915, p. 899), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.20. Effective Dates. For the purpose of holding the elections provided for in section 5.11 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective when the Mayor and Councilmen elected under subsection (a) of section 5.11 of this Act take their oaths of office. Section 7.21. Repealer. 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 1977 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Vienna, Georgia, to provide for all matters relative thereto and for other purposes. /s/ Howard Rainey, Representative 135th District /s/ Jimmy Paulk, Senator 13th District Georgia, Dooly County. Personally appeared before the undersigned, an officer, authorized to administer oaths, B. W. Carr Jr., who being duly sworn, says that he is publisher of the Vienna News-Observer, a corporation with principal offices at Vienna,

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Dooly County, Georgia, and having general circulation within the area of Dooly County and that the advertisement that there will be introduced in the 1977 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Vienna, a true copy of which is affixed hereto, was published in said Vienna News-Observer in its editions of January 5, January 12 and January 19, 1977. /s/ B. W. Carr Jr. Sworn to and subscribed before me, this 21th day of January, 1977. /s/ Brenda C. Gramm (Seal). Approved March 4, 1977. HARALSON COUNTY COMMISSIONER'S COMPENSATION CHANGED. No. 139 (House Bill No. 685). An Act to amend an Act creating the office of County Commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4218), so as to change the compensation of the County Commissioner of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of County Commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4218), is hereby amended by striking from subsection a. of section 13 the following:

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fourteen thousand dollars ($14,000.00), and inserting in lieu thereof the following: seventeen thousand dollars ($17,000.00), so that when so amended subsection a. of section 13 shall read as follows: a. The County Commissioner of Haralson County shall be compensated in the amount of seventeen thousand dollars ($17,000.00) per annum, payable in equal monthly installments from the funds of Haralson 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to change the compensation of the County Commissioner of Haralson County; to provide for matters relative thereto; and for other purposes. This 17th day of January, 1977. Jim F. Smith 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

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Haralson County, on the following dates: January 20, 27 and February 3, 1977. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 4, 1977. HARALSON COUNTY TREASURER'S SALARY CHANGED. No. 140 (House Bill No. 686). An Act to amend an Act providing and annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 863), an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), an Act approved March 6, 1962 (Ga. L. 1962, p. 3136), an Act approved March 24, 1965 (Ga. L. 1965, p. 2436), an Act approved February 28, 1966 (Ga. L. 1966, p. 2226), an Act approved March 28, 1969 (Ga. L. 1969, p. 2429), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4216), so as to change the provisions relating to an expense account for the Treasurer of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended by an Act approved March

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27, 1941 (Ga. L. 1941, p. 863), an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), an Act approved March 6, 1962 (Ga. L. 1962, p. 3136), an Act approved March 24, 1965 (Ga. L. 1965, p. 2436), an Act approved February 28, 1966 (Ga. L. 1966, p. 2226), an Act approved March 28, 1969 (Ga. L. 1969, p. 2429), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4216), is hereby amended by striking from section 1 the following: thirty-five dollars ($35.00), and inserting in lieu thereof the following: one hundred eighty-five dollars ($185.00), so that when so amended section 1 shall read as follows: Section 1. The compensation of the Treasurer of Haralson County shall be two thousand five hundred dollars ($2,500.00) per annum, payable in equal monthly installments from the general funds of Haralson County, which shall be his full compensation and in lieu of commissions. The treasurer shall also receive an expense account of one hundred eighty-five dollars ($185.00) per month which shall be paid from the general funds of Haralson County. The treasurer is hereby authorized to direct the County Commissioner of Haralson County to pay any part of his salary as treasurer to any employee in his office and in such event, the salary of the treasurer shall be reduced by the amount of any such payments. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia,

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a bill to change the provisions relative to an expense account for the Treasurer of Haralson County; to provide for matters relative thereto; and for other purposes. This 17th day of January, 1977. George A. Kimball 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 20, 27 and February 3, 1977. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 4, 1977. COFFEE COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 141 (House Bill No. 690). An Act to amend an Act to create and establish a Small Claims Court in and for Coffee County, approved March 27, 1972 (Ga. L. 1972, p. 2590), so as to change the

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jurisdictional amount of the court; to require issuance of service from said court within a specified period of time after the filing of a claim; to provide for a determination of court fees; to provide for when court fees shall be due; to provide that court fees shall be taxed as costs; to provide for the appointment and term of the judge of the court; to increase the maximum amount of fine which may be imposed by the 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 to create and establish a Small Claims Court in and for Coffee County, approved March 27, 1972 (Ga. L. 1972, p. 2590), is hereby amended by striking from section 1 thereof, the following: $1,000.00, and substituting in lieu thereof the following: Jurisdiction. $2,500.00, so that when so amended section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Coffee County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, 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. Section 2. Said Act is further amended by adding a new sentence after the first sentence of subsection (a) of section 6 thereof, to read as follows:

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Summons to effect such service shall be issued by the court in no event later than 30 days after the filing of the claim., so that when so amended subsection (a) of section 6 shall read as follows: (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. Summons to effect such service shall be issued by the court in no event later than 30 days after the filing of the claim. 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. Summons. Section 3. Said Act is further amended by striking section 5 thereof in its entirety and substituting in lieu thereof a new section 5, to read as follows: Section 5. (a) No fee or cost with respect to any claim filed with the court shall be payable, nor shall any such fee or cost be claimed by the judge, from any funds held for any purpose whatsoever with respect to any other claim which has been filed with the court. Fees. (b) The fee for all costs of the proceedings under this Act, except for the execution of fi. fa., the commission on all judicial sales, and the costs allowed for service of the notice, shall be 10% of the amount of the claim, but not less than $15.00. The fees provided for in this Act shall be the sole remuneration of the judge. Section 4. Said Act is further amended by striking section 8 thereof in its entirety and substituting in lieu thereof a new section 8, to read as follows:

Page 2921

Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $7.50 with the court. 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 shall be mandatory and such costs shall be taxed to the nonprevailing party. 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. A deposit of $7.50 for every such claim case shall be made to the court. 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. (c) The remainder of the court fee due after payment of the deposit, as provided in this section, shall be paid within 30 days of the date the deposit is made. Section 5. Said Act is further amended by striking section 12 thereof in its entirety and substituting in lieu thereof a new section 12, to read as follows: Section 12. The judge of said Small Claims Court shall be obligated to collect such deferred partial payments on judgments rendered pursuant to this Act. Section 6. Said Act is further amended by striking section 18 thereof in its entirety and substituting in lieu thereof a new section 18, to read as follows: Section 18. (a) Each judge of the said court shall be a duly qualified person and shall be appointed by the Governor for a term of 4 years and until the appointment and qualification

Page 2922

of his successor. Vacancies shall be filled in the same manner for the remainder of the unexpired term. Judge. (b) The first judge appointed pursuant to the provisions of this section shall be appointed for a term beginning on June 1, 1980. (c) The judge in office on the effective date of this Act shall remain in office until the appointment and qualification of his successor by the Governor as provided in this section. Section 7. Said Act is further amended by striking from section 23 thereof, the following: ten dollars, and substituting in lieu thereof the following: $100.00, so that when so amended section 23 shall read as follows: Section 23. The judge of said court shall have the power to impose fines of not more than $100.00 on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Fines. 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 1977 session of the General Assembly of Georgia, a bill to amend an Act to create and establish a small claims court in and for Coffee County, approved March 27, 1972 (Ga. L. 1972, p. 2590), so as to clarify provisions relating to the expiration of the judge's term; to change the jurisdictional amount of the court; to change certain provisions

Page 2923

relating to judge's fees; to specify the amount of judge's fees; to specify the amount of the judge's fee shall be taxed as costs; to provide certain limitations upon the time during which the court must take action with respect to a claim; to change the amount which may be fined for contempt of the court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 11th day of January, 1977. Paul W. Foster Representative, 152nd District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coffee County Progress which is the official organ of Coffee County, on the following dates: January 19, 26 and February 2, 1977. /s/ Paul W. Foster Representative, 152nd District, Post 1 Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

Page 2924

PIERCE COUNTY BOARD OF EDUCATIONELECTIONS PROVIDED, ETC. No. 142 (House Bill No. 691). An Act to provide for the election of members of the Board of Education of Pierce County; to provide the manner of electing members to the board; to provide for compensation of the members of the board; to provide for the filling of vacancies on the board; to provide for the appointment of the county school superintendent, his qualifications and compensation; to provide for other matters relative to 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. The Board of Education of Pierce 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 Pierce County, the five positions on the board are hereby designated as posts 1 through 5, respectively. Section 2. Candidates offering for election to said board of education shall designate the education post for which they are offering. There shall be elected one member from each of said posts. No person shall be eligible as a candidate for election to said board of education unless he shall have been a bona fide resident of Pierce County for at least one year immediately preceding the date of the election, shall be a high school graduate or its equivalent, and shall be not less than 21 years of age. 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 Pierce 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

Page 2925

of Pierce County provided for herein shall be elected at the general election held in 1980 and shall take office on the first day of January 1981, for terms as follows: those members elected from education posts 1, 3 and 5 shall serve for terms of four years and those members elected from education posts 2 and 4 shall serve for initial terms of two years. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. All members shall serve until their successors are elected and qualified. Members of the Board. (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. (c) The members of the Board of Education of Pierce County in office on the effective date of this Act shall remain in office until the election and qualification of their successors as provided in this Act. Section 4. (a) The Chairman of the Board of Education of Pierce County shall be elected from the membership of the board in accordance with the provisions of Code section 32-907, as now or hereafter amended. Chairman. (b) The chairman of the board shall be compensated in the amount of $100.00 per month and the other members of the board shall be compensated in the amount of $50.00 per month. Section 5. The Pierce County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the heretofore existing Pierce County Board of Education and shall be subject to all

Page 2926

constitutional and statutory provisions relating to county boards of education. Section 6. (a) The Pierce 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 General Election held in 1976. At the expiration of his term of office, his successor shall be appointed by the Board of Education of Pierce 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 of Schools. (b) Any Pierce County Superintendent of Schools appointed hereunder shall have the qualifications provided by Code section 32-1004, relating to the qualifications of county superintendents of schools, as now or hereafter amended. Any such superintendent shall receive such compensation as may be fixed pursuant to Code section 32-1006, relating to the compensation of county superintendents of schools, as now or hereafter amended. Section 7. Not less than 1 year nor more than 15 months after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Election Superintendent of Pierce County to issue the call for an election for the purpose of submitting this Act to the electors of the Pierce County School District for approval or rejection. The superintendent shall set the date of such election for the day of the General Election to be held in Pierce County in November 1978. 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 Pierce County. The ballot shall have writtn or printed thereon the words: Elections. () YES () NO Shall the Act providing for the election of the members of the Pierce County Board of

Page 2927

Education and for the appointment of the county school superintendent 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, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Pierce County. It shall be the duty of the 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. 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 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 1977 session of the General Assembly of Georgia, a bill to provide for the election of the members of the Board of Education of Pierce County; to provide for the election or appointment of the County School Superintendent of Pierce County by the Board of Education of Pierce County; to provide for other matters relative to the foregoing; to provide

Page 2928

for a referendum; to repeal conflicting laws; and for other purposes. This 11 day of January, 1977. Paul W. Foster Representative, 152nd District, Post 1 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 20, 27 and February 3, 1977. /s/ Paul W. Foster Representative, 152nd District, Post 1 Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. HOUSTON COUNTY JUVENILE COURT COURT TO DESIGNATE PLACE OF SESSIONS. No. 143 (House Bill No. 700). An Act to provide that sessions of the Juvenile Court of Houston County shall be held at such places throughout Houston County as the court from time to time shall

Page 2929

determine; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Sessions of the Juvenile Court of Houston County shall be held at such places throughout Houston County as the court from time to time shall determine. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide that sessions of the Juvenile Court of Houston County shall be held at such places throughout Houston County as the court from time of time shall determine; and for other purposes. This 13th day of January, 1977. Larry Walker Representative, 115th District Roy Watson, Jr. Representative, 114th District Ted Waddle Representative, 113th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who,

Page 2930

on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: January 20, 27 and February 3, 1977. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. JOHNSON COUNTY SHERIFF'S SALARY ACT AMENDED. No. 144 (House Bill No. 701). An Act to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2579), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3765), so as to provide for the appointment of a secretary and the furnishing of office space and equipment therefor, and the compensation thereof; to provide for the appointment of special deputies, the conditions of such appointment and the compensation of the appointees; to reserve certain authority in the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2931

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2579), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3765), is hereby amended by striking section 4 thereof in its entirety, which reads as follows: Section 4. The sheriff shall have the authority to appoint one deputy, who shall be compensated in the sum of $700.00 per month from county funds. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as his deputy, and to prescribe his duties and assignments, and to remove or replace said deputy at will and within his sole discretion., and inserting in lieu thereof a new section 4, to read as follows: Section 4. The sheriff shall have the authority to appoint one deputy, who shall be compensated in the sum of $700.00 per month from county funds. The sheriff shall have the authority to appoint one full-time secretary, who shall be provided with suitable additional office space and equipment by the governing authority of Johnson County and whose compensation shall be fixed, in an amount comparable to that paid other secretaries in Johnson County, by the governing authority of Johnson County and paid from county funds. The sheriff shall have the authority to appoint special deputies to serve on a temporary basis, to be compensated at an hourly rate to be established by the governing authority of Johnson County, and to be paid from county funds. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as his deputy, special deputies, and secretary, to prescribe the duties and assignments of such personnel, and to remove or replace such personnel at will and within his sole discretion. Section 2. This Act shall become effective on the first

Page 2932

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. A Bill to be entitled An Act. I hereby announce that I will introduce legislation in the upcoming session of the Georgia General Assembly that will be proposed to make changes within the sheriff's office of this county, so as to provide for the appointment of a secretary and the furnishing of office space and equipment therefore, and the compensation thereof; to provide for the appointment of special deputies, the conditions of such appointment and the compensation of the appointees; to reserve certain authority in the sheriff; to provide an effective date: to repeal conflicting laws, and for other purposes. Jimmy Lord, Representative, 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Herald which is the official organ of Johnson County, on the following dates: January 12, 19 and 26, 1977. /s/ JimmyLord Representative, 105th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

Page 2933

CARROLL COUNTY COMMISSIONER'S COMPENSATION CHANGED. No. 145 (House Bill No. 713). An Act to amend an Act creating the office of Commissioner of Carroll County, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2749), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3322), so as to change the provisions relating to the compensation and allowances 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 Carroll County, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2749), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3322), is hereby amended by striking section 6, which reads as follows: Section 6. Be it further enacted by the authority aforesaid that the compensation of said Commissioner shall be $17,500 per annum, payable monthly at the end of each month and, in addition thereto, he shall be allowed an expense account to cover the costs incurred in traveling and any other expenses incidental to the performance of his duties which shall not exceed $3,000 per annum., in its entirety, and inserting in lieu thereof a new section 6, to read as follows: Section 6. The Commissioner shall receive a salary of $19,000 per annum; provided that, effective on January 1, 1978, the salary of the Commissioner shall be $19,500 per annum; effective on January 1, 1979, the salary of the Commissioner shall be $20,000 per annum; and effective on January 1, 1980, and thereafter, the salary of the Commissioner shall be $20,500 per annum. Such salary shall be payable in equal monthly installments at the end of each month. In addition to the salary as provided herein, the

Page 2934

Commissioner shall also be allowed an expense account to cover costs incurred in traveling and any other expenses incidental to the performance of his duties which shall not exceed $3,000 per annum. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Carroll County, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended; and for other purposes. This the 30 day of December, 1976. Gerald Johnson Representative, 66th District Tom Glanton Representative, 66th District Ebb Duncan Senator, 30th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Johnson who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of

Page 2935

Carroll County, on the following dates: December 30, 1976 and January 6, 13, 1977. /s/ Gerald Johnson Representative, 66th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. CARROLL COUNTY SUPERIOR COURT CLERK'S SALARY CHANGED. No. 146 (House Bill No. 714). An Act to amend an Act placing the Clerk of the Superior Court of Carroll County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2751), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 3557), so as to change the compensation of the Clerk of the Superior Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Carroll County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2751), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 3557), is hereby amended by striking from section 2 the following: $14,700, and inserting in lieu thereof the following: $15,700,

Page 2936

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 $15,700, payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Carroll County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2751), as amended; and for other purposes. This the 30 day of December, 1976. Gerald Johnson Representative, 66th District Tom Glanton Representative, 66th District Ebb Duncan Senator, 30th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Johnson who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention

Page 2937

to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Gerald Johnson Representative, 66th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. MARION COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 147 (House Bill No. 717). An Act to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commissioner of Marion County, approved August 11, 1925 (Ga. L. 1925, p. 702), as amended by an Act approved August 15, 1929 (Ga. L. 1929, p. 664), an Act approved January 30, 1945 (Ga. L. 1945, p. 526), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2805), an Act approved February 27, 1962 (Ga. L. 1962, p. 2411), an Act approved February 27, 1970 (Ga. L. 1970, p. 2220), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3484), so as to change the compensation of the Tax Commissioner; to add additional duties for the Clerk of the Tax Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the Office of Tax Receiver

Page 2938

and Tax Collector in the County of Marion into the Office of Tax Commissioner of Marion County, approved August 11, 1925 (Ga. L. 1925, p. 702), as amended by an Act approved August 15, 1929 (Ga. L. 1929, p. 664), an Act approved January 30, 1945 (Ga. L. 1945, p. 526), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2805), an Act approved February 27, 1962 (Ga. L. 1962, p. 2411), an Act approved February 27, 1970 (Ga. L. 1970, p. 2220), and an Act approved April 17, 1975, (Ga. L. 1975, p. 3484), is hereby amended by striking in section 2, the following: seven thousand five hundred dollars ($7,500.00), and substituting in lieu thereof, the following: nine thousand dollars ($9,000.00), so that when so amended, section 2 shall read as follows: Section 2. Be it further enacted by the authority of the same, that said Tax Commissioner as aforesaid shall perform all the duties which are now performed by the Tax Commissioner of Marion County and shall receive as compensation therefor the sum of nine thousand dollars ($9,000.00) per annum, the same to be paid in monthly installments, and the County Commissioners of Marion County are hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. Section 2. Said Act as amended is further amended by adding to section 4A the following sentence: It shall also be the duty of said Clerk to perform secretarial duties for the Marion County Board of Tax Assessors and to the Marion County Board of Tax Equalizers., so that when so amended, section 4A shall read as follows: Section 4A. The Tax Commissioner of Marion County is hereby authorized to employ a competent person as Clerk and such Clerk shall perform such duties as may be assigned

Page 2939

to him by the Tax Commissioner. The compensation of the Clerk shall be fixed by the Tax Commissioner and paid by him out of the compensation he receives as Tax Commissioner. The Tax Commissioner may require such Clerk to make a good and sufficient bond, not to exceed five thousand ($5,000.00) dollars, to faithfully account for monies received, and for faithful performance of duties assigned by the Tax Commissioner. It shall also be the duty of said Clerk to perform secretarial duties for the Marion County Board of Tax Assessors and to the Marion County Board of Tax Equalizers. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced during the 1977 session of the Georgia General Assembly an act to provide for the making of contracts for services or purchases and to change the amount paid for advertisements by the Marion County Commissioners; to change the salary of the Tax Commissioner, and to change the duties of the Clerk of the Tax Commissioner. This 21st day of December, 1976. Ward Edwards Representative, 110th House District Including Marion Taylor and Chattahoochee Counties Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards who, on oath, deposes and says that he is Representative from the 110th 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 Marion

Page 2940

County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. ELBERT COUNTY SMALL CLAIMS COURT ESTABLISHED. No. 148 (House Bill No. 718). An Act to create and establish a Small Claims Court in and for Elbert 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 provid 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

Page 2941

provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Elbert County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Created. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Elbert 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's qualification. 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 Elbert 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. Disability. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the

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

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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 $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the

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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 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 defendent 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

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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. Satisfaction of judgments. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the Superior Court of Elbert County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as Small Claims Court Bailiff and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of

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office prescribed in Code section 24-804 and give the bond prescribed in Code section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiffs. Section 15. A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county. Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals. Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in 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 Elbert County Elberton, Georgia

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Page 2948

Section 18. Within thirty (30) days after this Act becomes of full force and effect, the Grand Jury of Elbert County, Georgia, then in session or the next succeeding Grand Jury, if one is not then in session, shall appoint a qualified person to serve as the Judge of the Small Claims Court from the date of such appointment for a term of four years. Thereafter the Grand Jury in session in Elbert County immediately prior to the expiration of the term of said judge shall appoint a successor to serve for a term of four years. Any vacancy in such office and any unexpired term shall be filled by the Grand Jury then in session for the unexpired term. Judges. 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. Facilities and equipment. Section 20. The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia Laws to the Small Claims Court, without cost to the court or the county. Section 21. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 22. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer

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shall enter his rturn 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 be 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. Garnishmen Section 23. The judge of said court shall have the powers 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 of court. Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Sheriff's fees. Section 25. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full 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 adjudgd 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

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regular 1977 session of the General Assembly of Georgia, a bill to create and establish a Small Claims Court in and for Elbert County; to prescribe the jurisdiction of said court; to prescribe the pleadings and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of judge of said court; to provide for the clerks and bailiffs of and for said court and for their duties and compensation; to provide for other matters relative to the foregoing; and for other purposes. This 27th day of December, 1976. /s/ William M. Shurling, III Shurling Roberts Attorneys at Law Attorneys for Elbert County 326 Elbert Street Elberton, Georgia 30635 404-283-7172 Georgia, Elbert County. Personally appeared before the undersigned officer authorized by law to administer oaths appeared Mr. Bob Williford, editor and publisher of The Elberton Star, who on oath deposes and says that the following Notice of Intention to Introduce Local Legislation was published on December 28, 1976, January 4, 1977, and January 11, 1977, all in accordance with the Georgia Constitution. The following Notice was published on the above stated dates. to-wit; RUN ON: 28, December, 1976; 4, January, 1977; 11, January, 1977. /s/ Bob Williford Sworn to and subscribed before me, this 25th day of January, 1977. /s/ Sherry H. Webb Notary Public. (Seal). Approved March 4, 1977.

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SCHLEY COUNTY BOARD OF COMMISSIONERS ACT AMENDEDMEMBERS' TERMS STAGGERED, ETC. No. 149 (House Bill No. 720). An Act to amend an Act to provide for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2327), so as to stagger the terms of the members of the said 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. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2327), is hereby amended by striking section 1 thereof in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. (a) The County of Schley shall be divided into districts and sections for the purpose of electing the Board of Commissioners of Schley County. The voters of the entire county shall vote on all candidates for commissioners but persons becoming candidates for commissioners shall become candidates for commissioners for the particular district or district and section in which they reside, the number of commissioners to be elected from each district or district and section to be as follows: Districts and Sections. (1) Two from Militia District No. 961, known as the Ellaville Militia District, which district shall be divided into 2 sections. One being that section of said district which lay within the city limits of Ellaville as of February 5, 1951, and which shall be known as section 1 of the Ellaville Militia District and the other being that section of said district which lay outside the city limits of Ellaville as of February

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5, 1951, and shall be known as section 2 of the Ellaville Militia District, and the people of the county shall vote for one commissioner from each section. (2) One from Militia District No. 882, known as the LaCrosse Militia District. (3) One from Militia District No. 785, known as the Lickskillet Militia District. (4) One from Militia District No. 946, known as the Patton Hill Militia District. (b) Any provision of law to the contrary notwithstanding, at the general election to be held in 1980 for election of the members of the Board of Commissioners of Schley County, the member elected from section 2 of the Ellaville Militia District and the member elected from the Lickskillet Militia District shall take office on January 1, 1981, and shall be elected for a term of 2 years and until the election and qualification of their successors and the remaining members of the said board shall take office on January 1, 1981, and shall be elected for a term of 4 years and until the election and qualification of their successors. Thereafter, each member of the Board of Commissioners of Schley County shall be elected for a term of 4 years and until the election and qualification of his successor. Section 2. Each member of the Board of Commissioners of Schley County in office on the effective date of this Act shall remain in office until the election and qualification of his successor as provided in this Act. Section 3. Not less than 6 months nor more than 16 months after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Schley County to issue the call for an election for the purpose of submitting this Act to the electors of Schley County for approval or rejection. The superintendent shall set the date of such election for the day of the general election to be held in November, 1978. The superintendent shall cause the date and

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purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Schley County. The ballot shall have written or printed thereon the words: Approval by voters. () YES () NO Shall the Act providing staggered terms for the Board of Commissioners of Schley County 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, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Schley 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 1977 session of the General Assembly of Georgia, a bill to provide for staggered terms for the members of the Board of Commissioners of Schley County; and for other purposes. This 27th day of December, 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

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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 6, 13 and 20, 1977. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. SCHLEY COUNTY BOARD OF EDUCATION MEMBERS' TERMS STAGGERED, ETC. No. 150 (House Bill No. 721). An Act to stagger the terms of office of members of the Board of Education of Schley County; to provide for the practices and procedures in connection with the foregoing; to specify the sections from which the two members elected from the Ellaville Militia District shall be elected; to provide for initial and regular terms of office; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Schley County, provided for in Article VIII, Section V, Paragraph I of the Constitution of 1945, as amended by an amendment proposed by a resolution (Ga. L. 1958, p. 511) and ratified on November 4, 1958, is hereby continued and the provisions of

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said amendment shall continue in full force and effect except as otherwise provided in this Act. Section 2. For the purposes of the election of the members of the Board of Education of Schley County, the Ellaville Militia District shall be divided into 2 sections. One section shall consist of that portion of the district which lay within the city limits of Ellaville on February 5, 1951, and which shall be known as section 1 of the Ellaville Militia District and the other section shall consist of that portion of the district which lay outside the city limits of Ellaville on February 5, 1951, and shall be known as section 2 of the Ellaville Militia District. Of the 2 members of the Board of Education to be elected from the Ellaville Militia District at the general election to be held in 1980 and thereafter, one shall be from section 1 of the Ellaville Militia District and one shall be from section 2 of the Ellaville Militia District. Sections established. Section 3. At the general election to be held in 1980 for election of the members of the Board of Education of Schley County, the member elected from section 2 of the Ellaville Militia District and the member elected from the Lickskillet Militia District shall take office on January 1, 1981, and shall be elected for a term of 2 years and until the election and qualification of their successors and the remaining members of the said board shall take office on January 1, 1981, and shall be elected for a term of 4 years and until the election and qualification of their successors. Thereafter, each member of the Board of Education of Schley County shall be elected for a term of 4 years and until the election and qualification of his successor. Section 4. Each member of the Board of Education of Schley County in office on the effective date of this Act shall remain in office until the election and qualification of his successor as provided in this Act. Section 5. Not less than 6 months nor more than 16 months after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Schley County to issue the call for an election for the purpose of submitting this Act to the electors of Schley County School District

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for approval or rejection. The superintendent shall set the date of such election for the day of the general election to be held in November, 1978. 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 Schley County. The ballot shall have written or printed thereon the words: Approval by voters. () YES () NO Shall the Act providing staggered terms for the Board of Education of Schley County 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, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Schley County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide staggered terms for the members of the Board of Education of Schley County; and for other purposes. This 27th day of December, 1976. Larry Walker Representative, 115th District

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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 6, 13 and 20, 1977. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. BUTTS COUNTY BOARD OF COMMISSIONERS ACT AMENDEDTIME FOR ADOPTION OF ANNUAL COUNTY BUDGET SET. No. 151 (House Bill No. 735). An Act to amend an Act creating a Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 11, 1969 (Ga. L. 1969, p. 2195), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3596), so as to require the adoption of the annual county budget on or before a certain date in each calendar year; 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 Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 11, 1969 (Ga. L. 1969, p. 2195), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3596), is hereby amended by inserting in subsection (3) of section 7C thereof, after the words, next fiscal year, the following: , such budget to be adopted for the ensuing fiscal year not later than June fifteenth in each calendar year, so that when so amended subsection (3) of section 7C shall read as follows: (3) After receiving the proposed annual budgets submitted by the clerk, the board of commissioners shall, in its absolute discretion, compile and adopt an annual budget for Butts County to provide for all financial affairs of the county for the next fiscal year, such budget to be adopted for the ensuing fiscal year not later than June fifteenth in each calendar year. No expenditure shall be paid out of the funds of Butts County unless a provision has first been made in the budget for said expenditure. The Board of Commissioners of Butts County shall have the power and authority at any regular meeting to revise the annual budget for Butts County and to adopt such revised budget: Provided, however, that before any change shall be made in an adopted annual budget of Butts County, when the funds of any unit of the county government of Butts County will be increased or decreased, that the board of commissioners shall give such unit a minimum of ten days notice prior to the change and give such unit an opportunity to be heard prior to taking action on the matter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 11, 1969 (Ga. L. 1969, p. 2195), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3596), so as to require the adoption of the annual county budget on or before a certain date in each calendar year; to repeal conflicting laws; and for other purposes. This 15 day of January, 1977. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones 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 20, 27 and February 3, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

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TOWN OF HIGGSTON CHARTER AMENDEDMAYOR AND COUNCIL TERMS OF OFFICE CHANGED, ETC. No. 153 (House Bill No. 783). An Act to amend an Act establishing a new charter for the Town of Higgston, approved August 17, 1903 (Ga. L. 1903, p. 531), as amended by an Act approved March 12, 1965 (Ga. L. 1965, p. 2340), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2421), so as to change the term of office of the mayor and council; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the Town of Higgston, approved August 17, 1903 (Ga. L. 1903, p. 531), as amended by an Act approved March 12, 1965 (Ga. L. 1965, p. 2340), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2421), is hereby amended by striking section 3 thereof in its entirety and substituting in lieu thereof a new section 3, to read as follows: Section 3. An election shall be held at the courthouse of said town, or in such place as the mayor and council may prescribe, on the first Tuesday in January of every year. Beginning at such election held in 1978, the mayor and five councilmen shall be elected for a term of office of two years and until their successors are elected and qualified (unless sooner removed in the manner prescribed by law). Should there fail to be an election in said town at the time above prescribed, from any cause whatever, the Judge of the Probate Court of Montgomery County shall appoint three citizens who reside within the corporate limits of said town and who are at least 21 years of age to call and conduct an election. After being appointed by said judge of the probate court, said three citizens shall order an election to fill all all vacant offices by posting notices at the courthouse door of said town and at three other public places in said town. Said notice shall be posted ten (10) days before said election.

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All subsequent vacancies in office shall be filled as follows: The mayor or mayor pro tem or any member of the city council, if said office of mayor and mayor pro tem is vacant, shall order an election to fill such vacancy by posting notice at the courthouse door of said town and at three other public places in said town. Said notice shall be posted ten (10) days before said election; provided, however, if the subsequent vacancies herein described occur when the term of office of said retiring or deceased mayor or councilman is less than six months before the next current election, the mayor and council may appoint, in case of the death, removal or resignation of the councilmen of said town, or the mayor pro tem, shall fill the unexpired term of such retiring mayor in case of the vacancy in the office of mayor. It shall be the duty of the mayor and council retiring to turn over the affairs of the town to the newly elected mayor and council on the first Tuesday in February following said biennial election. Section 2. Said Act is further amended by striking section 8 thereof in its entirety. Section 3. The mayor and council of Higgston in office on the effective date of this Act shall remain in office until the election and qualification of their successors as provided in 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 1977 session of the General Assembly of Georgia, a bill to amend an Act establishing a new charter for the Town of Higgston, approved August 17, 1903 (Ga. L. 1903, p. 531), as amended by an Act approved March 12, 1965 (Ga. L. 1965, p. 2340) and by an Act approved February 28, 1966 (Ga. L. 1966, p. 2421), so as to change the terms of office of the Mayor and Council; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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This 3 day of January, 1977. 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 Lgislative was published in the Montgomery County Monitor which is the official organ of Montgomery County, on th following dates: January 12, 19, and 26, 1977. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. WHEELER COUNTY TAX COMMISSIONERANNUAL SALARY PROVIDED. No. 154 (House Bill No. 784). An Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Wheeler County and creating the office of Tax Commissioner of Wheeler County, approved March 20, 1939 (Ga. L. 1939, p. 778), as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 2315), and an Act approved April 17, 1973 (Ga. L.

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1973, p. 3017), so as to place the Tax Commissioner of Wheeler County on an annual salary in lieu of all fees, commissions, costs, fines, emoluments, and perquisites received by the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the offices of Tax Collector and Tax Receiver of Wheeler County and creating the office of Tax Commissioner of Wheeler County, approved March 20, 1939 (Ga. L. 1939, p. 778), as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 2315), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3017), is hereby amended by striking section 5(a) in its entirety, which reads as follows: (a) The Tax Commissioner of Wheeler County shall receive an annual salary of not less than $1500.00 nor more than $2100.00, as set by the County Commissioner, which shall be paid in equal monthly installments from the funds of Wheeler County., and substituting in lieu thereof a new section 5(a), to read as follows: (a) The Tax Commissioner of Wheeler County shall receive an annual salary equal to the minimum annual salary provided for such tax commissioner by an Act providing minimum salaries for tax collectors and commissioners, approved March 31, 1976 (Ga. L. 1976, p. 998), as the same may now or hereafter be amended. Such salary shall be payable in equal monthly installments from the funds of Wheeler County. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Wheeler 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

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commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38 Ex. Sess., p. 297), as amended. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to change the method of compensating the Tax Commissioner of Wheeler County from a fee system to an annual salary; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 10th day of January, 1977. L. L. Pete 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

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Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: January 12, 19 and 26, 1977. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977. STATE COURT OF PIERCE COUNTYJUDGE'S AND SOLICITOR'S COMPENSATION CHANGED. No. 155 (House Bill No. 815). An Act to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved August 17, 1929 (Ga. L. 1929, p. 371), an Act approved March 2, 1933 (Ga. L. 1933, p. 309), an Act approved March 21, 1958 (Ga. L. 1958, p. 2736), an Act approved March 17, 1960 (Ga. L. 1960, p. 2653), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3395), so as to change the compensation of the Judge and Solicitor of the State Court of Pierce County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved August 17, 1929 (Ga. L. 1929, p.

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371), an Act approved March 2, 1933 (Ga. L. 1933, p. 309), an Act approved March 21, 1958 (Ga. L. 1958, p. 2736), an Act approved March 17, 1960 (Ga. L. 1960, p. 2653), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3395), is hereby amended by striking from section 2A thereof, the following: three thousand six hundred dollars ($3,600.00), and substituting in lieu thereof the following: $4,800.00, so that when so amended section 2A shall read as follows: Section 2A. The Judge of the State Court of Pierce County shall receive a salary of $4,800.00 per annum. Section 2. Said Act is further amended by striking from section 4A thereof, the following: $3,600.00, and substituting in lieu thereof the following: $4,800.00, so that when so amended section 4A shall read as follows: Section 4A. The Solicitor of the State Court of Pierce County shall receive a salary of $4,800.00 per annum. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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

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regular 1977 session of the General Assembly of Georgia, a bill providing for an increase in compensation for the Judge and Solicitor of the State Court of Pierce County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 19th day of January, 1977. Paul W. Foster Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blackshear Times which is the official organ of Pierce County, on the following dates: January 27, February 3, 10, 1977. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

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MARION COUNTY BOARD OF COMMISSIONERS ACT AMENDEDEXPENDITURES DELIMITED, ETC. No. 156 (House Bill No. 829). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2606), so as to provide that the County Commissioners of Marion County, Georgia, shall be able to pay up to the amount charged for legal advertisements on publication of an itemized statement; that the Board of Commissioners of Marion County, Georgia, shall not be able to make any contract for services or for the purchase of any article or material whatsoever with any person who is related to any member of the Board within the third degree consanguinity of affinity, except that the County Attorney may be related within the third degree of consanguinity of affinity and, where practical, all purchases of equipment, materials and supplies shall be purchased by competitive bids; to repeal conflicting laws; and for other purposes. Section 1. An Act creating the Board of Commissioners of Roads and Revenues for the County of Marion, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2606), is hereby amended by striking that portion of section 14, which reads as follows: not to exceed, in any event one dollar per hundred words, and substituting in lieu thereof the following: not to exceed the amount charged for legal advertisements, so that when so amended, section 14 shall read as follows: Section 14. The Board of Commissioners shall select some suitable person as Clerk and he shall attend all sessions of the Board and shall keep minutes of all of the acts and proceedings and shall keep a system of books according

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to modern methods in which shall be properly entered all the receipts, provisions, expenses and disbursements of said Board of Commissioners, properly itemized and dated and also showing the amount of all unpaid vouchers, notes, drafts, checks and obligations that have been made or issued by said Board and also showing the true financial condition of the county. That said Clerk at the end of each quarter shall make up an itemized statement showing all accounts collected or expended on behalf of the county during that quarter, said statement shall show the balance of cash on hand at the beginning of the quarter, and at the end of the quarter; also such outstanding obligations as the Board, or its predecessors in office, shall have made. Said statement shall be published in the official organ of said county, provided the Board can arrange for its publication at a satisfactory price, not to exceed the amount charged for legal advertisements. If the Board cannot obtain the publication of said account or statement at a satisfactory price by the newspaper of said county or some other newspaper with a general circulation in said county, then the Clerk shall erect a bulletin board in the rotunda of the courthouse in view of the general public, and post such statement thereon. Section 2. Said Act as amended is further amended by striking section 18 in its entirety and substituting in lieu thereof the following: Section 18. Be it further enacted that the said Board of Commissioners shall make no contract for services or for the purchase of any article or material whatsoever with any person who is related to any member of the Board within the third degree of consanguinity of affinity, except that the Board shall be able to make a contract for the services of a County Attorney who may be related to any member or members of the Board of Commissioners within any degree of consanguinity of affinity, and wherever practical, all purchases of equipment, material and supplies shall be purchased by competitive bids. 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 during the 1977 session of the Georgia General Assembly an act to provide for the making of contracts for services or purchases and to change the amount paid for advertisements by the Marion County Commissioners; to change the salary of the Tax Commissioner, and to change the duties of the Clerk of the Tax Commissioner. This 21st day of December, 1976. Ward Edwards, State Representative 110th House District Including Marion, Taylor and Chattahoochee Counties Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards who on oath, deposes and says that he is Representative from the 110th 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 Marion County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 4, 1977.

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BEN HILL COUNTYSMALL CLAIMS COURT CREATED. No. 157 (House Bill No. 810). An Act to create and establish a Small Claims Court in and for Ben Hill County; to prescribe the jurisdiction of said court; to prescribe the pleadings and practices in said court; to provide for the appointment, duties, powers, qualifications and substitutions 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 in any other court existing or that may be created and established in said county; 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, practice and garnishments; to provide for the procedure, practice and 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 Ben Hill County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or the value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other Court or Courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment, and in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Creation. Section 2. Any person elected as a judge of the Small Claims Court created by this Act must be a resident of the

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county, at least 21 years of age, 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 21 years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of the county on application of said judge of the Small Claims Court who is unable to act, shall perform such duties and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead and in the matter aforesaid, of the judge unable to act. Disability. 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. Section 5. All fees collected by the Judge, as herein authorized, shall be retained by him as his sole remuneration. Judge's compensation. 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. 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. (b) 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 other person

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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. (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, 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. (d) 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. (e) 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 the 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 the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount. (g) Said notice shall include the date, hour and location

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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. Dockets. 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 case pending. 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.

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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 plainfiff 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. 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. Satisfaction of judgments. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the Superior Court of the county may make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall

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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. Judgment to be 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.

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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 Ben Hill County

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Section 18. On or before the effective date of this Act, the Probate Judge of the county shall call a special election for the purpose of electing the initial Judge of the Small

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Claims Court created herein. The Probate Judge shall set the date of such election to be held not later than thirty days from the time of issuing the call for said election. He shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the county. The expense of such election shall be borne by the county. It shall be the duty of the Probate Judge of said county to hold and conduct such election. He shall hold such elections under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Probate Judge to canvass the returns and to declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. The initial Judge elected hereunder shall be elected for a term of office of one year and until his successor is duly elected and qualified. Successors to the initial Judge shall be elected at the general election beginning in 1978 and every two years thereafter and they shall each serve for a term of office of two years and until their respective successors are duly elected and qualified. Election of 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 provide a suitable room in the courthouse for the holding of said Court. 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

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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 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 summons was mailed to 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 such service is made in person by a Court officer, as aforesaid, such officer shall enter in 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. 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.

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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. This Act shall become effective on July 1, 1977. Effective date. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly a bill to create a Small Claims Court in and for Ben Hill County; to provide all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fitzgerald Herald and Leader which is the official organ of Ben Hill County, on the following dates: December 30, 1976 and January 6, 13, 1977. /s/ Ted Hudson Representative, 137th District

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Sworn to and subscribed before me this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 7, 1977. ROCKDALE COUNTYROCKDALE-NEWTON BOUNDARY CHANGED. No. 159 (House Bill No. 1079). An Act to amend an Act creating Rockdale County, approved October 18, 1870 (Ga. L. 1870, p. 16), as amended, so as to change the boundaries between Rockdale and Newton counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating Rockdale County, approved October 18, 1870 (Ga. L. 1870, p. 16), as amended, is hereby amended by striking from section 1 the following: running thence on a direct line to Peachstone Shoals on South River, the starting point, and substituting in lieu thereof the following: running thence South 38 degrees 33[UNK], 33[UNK] West, a distance of 14,166.7 feet to a concrete monument; thence South 32 degrees, 32[UNK], 32[UNK] West, a distance of 3,451.6 feet to a concrete monument; thence South 34 degrees, 03[UNK], 34[UNK] West, a distance of 3.183.6 feet to a concrete monument; thence South 32 degrees, 08[UNK], 52[UNK] West, a distance of 3,912.7 feet to a concrete monument; thence South 89 degrees, 55[UNK], 45[UNK] West, a distance of 490.0 feet to a concrete monument; thence South 37 degrees, 01[UNK], 55[UNK] West, a distance of 14,903.96 feet to a concrete monument; thence North 89

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degrees, 42[UNK], 12[UNK] East, a distance of 2,176.25 feet to a concrete monument; thence South 00 degrees, 01[UNK], 30[UNK] East, a distance of 3,002.06 feet to a concrete monument; thence North 89 degrees 36[UNK], 24[UNK] West, a distance of 2253.4 feet to a concrete monument; thence North 00 degrees, 53[UNK], 54[UNK] East, a distance of 2936.21 feet to a concrete monument; thence South 37 degrees, 01[UNK], 55[UNK] West, a distance of 17,070.5 feet to Peachstone Shoals on the South River, the starting point, so that when so amended, section 1 shall read as follows: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of February next, a new county shall be laid out and organized from the counties of Newton and Henry, to be included within the following limits, to wit: beginning at the Peachstone Shoals on South River, running thence up said river to the north of Camp Creek; thence running up said creek to Flat Shoal Road in Henry County; running thence along said road to the land line between Robert M. Clark and John Calaway; thence along the present county line between the counties of DeKalb and Henry to the point on South River where the county line between DeKalb and Newton counties strikes said river; thence along the county line between the counties of DeKalb and Newton, to the point where the lines between the counties of DeKalb, Gwinnett, Newton and Walton intersect; thence along the county line between the counties of Newton and Walton to Little Haynes Creek; running thence down Big Haynes Creek to its mouth; running thence South 38 degrees 33[UNK], 33[UNK] West, a distance of 14,166.7 feet to a concrete monument; thence South 32 degrees, 32[UNK] 32[UNK] West, a distance of 3,451.6 feet to a concrete monument; thence South 34 degrees, 03[UNK] 34[UNK] West, a distance of 3,183.6 feet to a concrete monument; thence South 32 degrees, 08[UNK], 52[UNK] West, a distance of 3,912.7 feet to a concrete monument; thence South 89 degrees, 55[UNK], 45[UNK] West, a distance of 490.0 feet to a concrete monument; thence South 37 degrees, 01[UNK], 55[UNK] West, a distance of 14,903.96 feet to a concrete monument; thence North 89 degrees, 42[UNK], 12[UNK] East, a distance

Page 2985

of 2,176.25 feet to a concrete monument; thence South 00 degrees, 01[UNK] 30[UNK] East, a distance of 3,002.06 feet to a concrete monument; thence North 89 degrees 36[UNK], 24[UNK] West, a distance of 2253.4 feet to a concrete monument; thence North 00 degrees, 53[UNK], 54[UNK] East, a distance of 2936.21 feet to a concrete monument; thence South 37 degrees, 01[UNK], 55[UNK] West, a distance of 17,070.5 feet to Peachstone Shoals on the South River, the starting point. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1977. CITY OF LAGRANGECHARTER AMENDED. No. 192 (House Bill No. 399). An Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended by an Act approved March 10, 1969 (Ga. L. 1969, p. 2182), an Act approved March 10, 1970 (Ga. L. 1970, p. 2337), an Act approved March 30, 1971 (Ga. L. 1971, p. 2415), an Act approved March 3, 1972 (Ga. L. 1972, p. 2072), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2411), so as to extend and increase the corporate limits of the City of LaGrange; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended by an Act approved March 10, 1969 (Ga. L. 1969, p. 2182), an Act approved March 10, 1970 (Ga. L. 1970, p. 2337), an Act approved March 30, 1971 (Ga. L. 1971, p. 2415), an Act approved March 3, 1972 (Ga. L. 1972, p. 2072), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2411), is hereby further amended by adding new subparagraphs (11), (12), (13) and

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(14) after subparagraph (10) of Paragraph (a) of Appendix I, Boundaries of the City of LaGrange, Georgia, as follows: (11) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property: Corporate limits. All that tract or parcel of land situate, lying and being on the East side of U. S. Highway No. 27 (Franklin Road) in Land Lot 53 of the 6th Land District of Troup County, Georgia, and more particularly described as follows: Beginning at the point of intersection of the existing City Limits of the City of LaGrange and the East margin of U. S. Highway No. 27 (Franklin Road), being the point where the width of said U.S. Highway No. 27 widens from 60 feet to 100 feet, and running thence North 01 00[UNK] East along the East margin of U. S. Highway No. 27 for a distance of 144.38 feet to an iron pin set; thence North 82 08[UNK] East for a distance of 266.70 feet to an iron pin set; thence South 01 00[UNK] West for a distance of 150 feet to a iron pin set; thence South 85 08[UNK] West for a distance of 5.00 feet to an iron pin set; thence South 01 00[UNK] West to the point of intersection of the East line of Lot 10 of the Subdivision shown on plat recorded in Plat Book 2, pages 293-294 of the Deed Records of Troup County, Georgia, with the existing city limits of the City of LaGrange; thence in a Westerly direction along the existing city limits of the City of LaGrange to the East right-of-way line of U. S. Highway No. 27 (Franklin Road), which is the Point of Beginning. (12) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property: All that tract or parcel of land containing 116.983 acres, more or less, situate, lying and being in Land Lots 89, 90, 103 and 104 of the Sixth Land District of Troup County, Georgia, more particularly described as follows:

Page 2987

Beginning at the point of intersection of the North line of the Atlanta West Point Railroad right-of-way and the West right-of-way line of Davis Road (By-Pass/Spur 14) in Land Lot 89 of the Sixth Land District of Troup County, Georgia, which point is on the existing City Limits of the City of LaGrange, Troup County, Georgia, and extending thence North 58 04[UNK] 30[UNK] East along the North right-of-way line of Atlanta West Point Railroad right-of-way for a distance of 1821.47 feet to a point; thence South 00 30[UNK] West for a distance of 3402.23 feet to an iron pin on the North right-of-way line of State Route No. 109 (Greenville Road); thence South 88 38[UNK] West along the North right-of-way line of Greenville Road for a distance of 286.00 feet to an iron pin; thence along the North right-of-way line of Greenville Road along a curve which has a bearing of South 84 41[UNK] West for a chord distance of 278.43 feet to an iron pin; thence along the North right-of-way of Greenville Road South 82 45[UNK] West for a distance of 638.26 feet to an iron pin; thence along the North right-of-way line of Greenville Road South 82 38[UNK] 45[UNK] East for a distance of 551.82 feet to an iron pin; thence North 00 53[UNK] 26[UNK] East for a distance of 1169.12 feet to an iron pin; thence North 01 02[UNK] 52[UNK] East for a distance of 1336.90 feet to a point on the North right-of-way line of the Atlanta West Point Railroad right-of-way, which point is also on the existing City Limits of the City of LaGrange, Troup County, Georgia; continuing thence North 58 04[UNK] 30[UNK] East along the North line of the Atlanta West Point Railroad right-of-way and along the existing City Limits of the City of LaGrange for a distance of 222.28 feet to the Point of Beginning. (13) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property: All that tract or parcel of land containing 4.3 acres, more or less, situate, lying and being in Land Lot 80 of the Sixth Land District of Troup County, Georgia, more particularly described as follows: Beginning at a point, said point being at the intersection of an arc of a circle, said arc having a radius of two statute

Page 2988

miles and forming the existing City Limits of the City of LaGrange and the southern boundary of the right-of-way of Country Club Road, being 30 feet south of the centerline of said road; running thence in a southwesternly direction and along the arc of the circle forming the existing City Limits to its intersection with the relocated proposed southern boundary of the right-of-way of Country Club Road, being 50 feet south of the centerline of Country Club Road for a distance of approximately 20 feet; running thence in a northwesternly direction along the relocated southern boundary of the right-of-way of Country Club Road, said boundary being parallel to and 50 feet south of the center line of said Road for a distance of 40 feet more or less to a point; running thence in a southwesternly direction and perpendicular to the centerline of Country Club Road for a distance of 20 feet more or less to a point; running thence in a northwesternly direction along the relocated southern boundary of the right-of-way of Country Club Road, said boundary being 70 feet south of and parallel to the centerline of said Road for a distance of 440 feet more or less to a point; running thence in a northeasternly direction and perpendicular to the centerline of said Road, for a distance of 10 feet more or less to a point; running thence in a northwesternly direction and along the relocated southern boundary of Country Club Road and Cameron Mill Road, said boundary being 60 feet south of and parallel to the centerline of said road for a distance of 990 feet more or less to a point, said point being at the intersection of the southern boundary of Cameron Mill Road as relocated and a line extended South 10 28[UNK] West, said line formerly being the west boundary of Club View Estate Subdivision as recorded in Plat Book 10, Pages 11 and 12 of the Troup County Records; running thence North 10 28[UNK] East and across the relocated right-of-way of Cameron Mill Road and an abandoned portion of Cameron Mill Road to a point, said point being on the north boundary of the right-of-way of abandoned Cameron Mill Road and being a point on the existing City Limits; running thence South 59 24[UNK] East and along the existing City Limits for a distance of 144.35 feet to a point; running thence South 66 59[UNK] East and along the existing City Limits for a distance of 142.77 feet to a point; running thence South 70 42[UNK] East and along the

Page 2989

existing City Limits for a distance of 161.23 feet to a point; running thence South 67 31[UNK] East and along the existing City Limits for a distance of 158.92 feet to a point; running thence South 15 48[UNK] West and across the abandoned right-of-way of Cameron Mill Road for a distance of 80 feet more or less to a point, said point being on the southern boundary of the right-of-way of the abandoned portion of Country Club Road and the existing City Limits; running thence in a southeasternly direction and along the formerly southern boundary of Country Club Road and the existing City Limits to the beginning point. (14) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property: All that tract or parcel of land, containing 148.083 acres, more or less, situate, lying and being in Land Lots 48, 49, and 80 of the Sixth Land District and Land Lot 14 of the Fifth Land District of Troup County, Georgia, more particularly described as follows: Starting at a point, said point being at the intersection of the southern boundary of the right-of-way of Lakeshore Drive and the present City Limits of the City of LaGrange, said point having coordinates of N-1, 115, 800.79-E-225, 358.18 based on the Plane Coordinate System of Georgia, West Zone and running thence South 8 38[UNK] West and along the present City Limits for a distance of 743.03 feet to a point; running thence South 31 32[UNK] East and along the present City Limits for a distance of 140.71 feet to a point; running thence South 76 50[UNK] 25[UNK] East and along the present City Limits for a distance of 169.32 feet to a point; running thence North 75 10[UNK] East and along the present City Limits for a distance of 175.38 feet to a point; running thence South 15 11[UNK] West and along the City Limits for a distance of 500 feet to a point, said point being in the low pool of the West Point Reservoir; running thence North 45 05[UNK] 39[UNK] West and in the low pool of the West Point Reservoir for a distance of 2917.66 feet to a point, said point having coordinates of N 1, 116, 521.23 - E 223, 288.40; running

Page 2990

thence North 17 19[UNK] 39[UNK] West and in the low pool of the West Point Reservoir for a distance of 3024.76 feet to a point, said point having coordinates of N 1, 119,408.72 - E 222, 387.53; running thence North 88 16[UNK] East and along a line, a part of this line being the northern boundary of the property of the City of LaGrange occupied by Yellow Jacket Sewage Treatment Plant for a distance of 1031.05 feet to a point; running thence South 1 44[UNK] East and along the eastern boundary of the Yellow Jacket Sewage Treatment Plant property for a distance of 349.76 feet to a point; running thence North 88 16[UNK] East and along a line of which a part of this line being the northern boundary of a road to Yellow Jacket Sewage Treatment Plant for a distance of 525 feet to a point, said point being 325 feet east of the centerline of Lakeshore Drive; running thence South 1 44[UNK] East and parallel to and 325 feet east of the centerline of Lakeshore Drive for a distance of 756.67 feet to a point; running thence South 29 34[UNK] 05[UNK] East for a distance of 766.94 feet to a point; running thence South 57 24[UNK] 10[UNK] East and parallel to and 325 feet east of the centerline of Lakeshore Drive for a distance of 445.0 feet to a point; running thence South 60 45[UNK] 48[UNK] East for a distance of 682.40 feet to a point, said point being Corps of Engineers' marker 559500 and being on the present City Limits; running thence South 12 06[UNK] West and along the present City Limits for a distance of 106.72 feet to a point; running thence South 2 37[UNK] East and along the present City Limits for a distance of 375.95 feet to a point; running thence South 15 37[UNK] East along the present City Limits for a distance of 251.0 feet to a point; running thence South 16 06[UNK] West and along the present City Limits for a distance of 227.35 feet to a point; running thence South 16 42[UNK] West and along the present City Limits for a distance of 131.15 feet to a point; running thence South 37 18[UNK] West and along the present City Limits for a distance of 134.0 feet to a point; running thence South 8 38[UNK] West and along the present City Limits and across Lakeshore Drive for a distance of 153.89 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2991

Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January 1977 Regular Session of the General Assembly of Georgia, to-wit: An act to amend the charter of the City of LaGrange approved March 8, 1968, as amended, so as to extend the corporate limits of the City of LaGrange beyond the limits as now defined to include the following property, to wit: TRACT NO. 1: 0.88 acres, more or less, in Land Lot 53 of the Sixth Land District of Troup County, Georgia. TRACT NO. 2: 116.983 acres, more or less in Land Lots 89, 90, 103 and 104 of the Sixth Land District of Troup County, Georgia. TRACT NO. 3: 4.3 acres, more or less in Land Lot 80 of the Sixth Land District of Troup County, Georgia. TRACT NO. 4: 148.083 acres, more or less, in Land Lots 48, 49 and 80 of the Sixth Land District and Land Lot 14 of the Fifth Land District of Troup County, Georgia. This 29th day of December, 1976. Mayor and Council of LaGrange By H. B. Lovvorn City Manager Affidavit of Publication. Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared Glen O. Long who, on oath,

Page 2992

deposes and states that he is Publisher of the LaGrange Daily News, the newspaper in which Sheriff's advertisements of Troup County, Georgia are published; that the advertisement Notice of Intention to Introduce Local Legislation which is hereinafter set forth, was duly published in said newspaper on the dates of December 31, 1976, January 7, 1977, and January 14, 1977. /s/ Glen O. Long, Publisher LaGrange Daily News Sworn to and subscribed before me, on this the 24 day of January, 1977. /s/ Katherine M. Nelson Notary Public, Troup County, Georgia My Commission expires March 2, 1977. (Seal). Approved March 11, 1977. LAURENS COUNTY TAX COMMISSIONERCOMPENSATION CHANGED. No. 196 (House Bill No. 556). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2259), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3946), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, approved February

Page 2993

12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2259), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3946), is hereby amended by striking from section 3 the following: $12,600.00, and inserting in lieu thereof the following: $16,000.00, so that when so amended, section 3 shall read as follows: Section 3. The tax commissioner of Laurens County shall be compensated in the amount of $16,000.00 per annum, to be paid in equal monthly installments from the funds of Laurens County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind, whatsoever, heretofore or hereafter received by said tax commissioner. It is hereby specifically provided that he shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be accounted for by the tax commissioner as such. Section 2. This Act shall become effective on the first 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. Legal. Notice is hereby given that there will be introduced in the 1977 regular session of the General Assembly of Georgia, a bill to provide for the purpose of changing the compensation

Page 2994

of certain elected officials, to provide an effective date, and for other purposes. Leon Green Attorney for Laurens County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland 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 8, 15, 22, 1977. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. CITY OF PRESTONNEW CHARTER. No. 199 (House Bill No. 659). An Act to provide a new Charter for the City of Preston in the County of Webster; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections;

Page 2995

to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide effective dates; 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 Preston, repealing and replacing the charter provided by an Act of the General Assembly, approved December 17, 1901 (Ga. L. 1901, p. 612), as amended. The City of Preston, Georgia, in the County of Webster and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of the City of Preston, 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 Preston shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Preston, 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 Preston, 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 as 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

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the earlier map or maps which it is designated to replace. Section 1.12. Examples of Powers. The corporate powers of this City may include, but shall not be limited to, the following: (1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other Taxes, To levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the City, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (5) Municipal Debts. 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; (6) Municipal Property Ownership. 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; (7) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the

Page 2997

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; (8) Condemnation. 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, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. 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; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, 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 Georgia Public Service Commission; (11) Roadways. 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; and 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) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,

Page 2998

markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or 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, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. 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) Building Regulation. 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 the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive City planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and other business or situation which may be dangerous to persons or property;

Page 2999

to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. 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) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. 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) Fire Regulations. 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) Public Hazards, Removal. 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) Solid Waste Disposal. 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;

Page 3000

(24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. 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; 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; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. 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; (28) Jail Sentences. To provide that persons given jail sentences in the City'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; (29) Animal Regulations. 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 disposal, when not

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redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. 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; (31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency;

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(38) Emergencies. 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 wellbeing of the citizens of the City; (39) Urban Redevelopment. To organize and operate an urban redevelopment program. (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety, and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (42) Other Powers. 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 stated 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 listing 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. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees may be exercised as provided by this charter. If this charter makes no provision such may be exercised as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of a Mayor and four Councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office. The members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or members of the Council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City. 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.

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Section 2.13. Compensation and Expenses. The salaries of the Mayor and City Council of Preston, Georgia, shall be fixed by said Mayor and City Council January next following the City's election except as otherwise limited by the general 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. Section 2.14. Prohibitions. 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. Section 2.15. Code of Ethics. The Council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City. 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 this City 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 creation 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 this City. The Council may enforce such ordinances by imposing penalties for the violation thereof.

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(c) The Council may be 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 2.18. Chief Executive Officer. The Mayor shall be the chief executive of this City. He shall possess 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 2.19. Powers and Duties of Mayor. As the chief executive of this City, the Mayor: (a) shall see that all laws and ordinances of the City are faithfully executed; (b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council; (c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter; (d) shall exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (e) may prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (f) may 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; (g) shall recommend to the Council such measures relative to the affairs of the City, improvement of the government,

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and promotion of the welfare of its inhabitants as he may deem expedient; (h) shall call special meetings of the Council as provided for in section 2.23(b); (i) shall approve or disapprove ordinances as provided in section 2.20; (j) may examine and audit all accounts of the City; (k) shall require any department or agency of the City to submit written reports whenever he deems it expedient; (l) shall perform other duties as may be required by general State law, this charter or ordinance. Section 2.20. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Mayor, within ten calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his 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 meeting and should the Council then or at its next general meeting adopt the ordinance by an affirmative vote of three 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

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law, and the part or parts disapproved shall not become law unless subsequently passed by the Council over the Mayor's veto as provided herein. The reduced part or parts shall be presented to Council as though disapproved and shall become law unless overridden by Council as in subsection (c) above. Section 2.21. Mayor Pro Tem; Selection; Duties. The Council shall elect by majority vote from among its members a Mayor Pro Tem who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. The Council shall elect an acting Mayor Pro Tem from among its members for any period in which the Mayor Pro Tem is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Counci. Section 2.22. Organization Meeting. (a) The Council shall meet for organization on the first scheduled meeting in January next 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 Councilman as the case may be) of this 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) 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 2.23. 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

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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 two members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice 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 to the extent required by general State law, and notice to the public of special meetings shall be made fully as is reasonably possible forty-eight hours prior to such meetings. Section 2.24. 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 2.25. 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. A majority vote of those present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.26. 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

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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 Preston hereby ordains.... and every ordinance shall so begin. (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 an ordinance shall not be adopted the same day it is introduced, except by unanimous consent of Council and for emergency ordinances provided in section 2.27. Upon introduction of any ordinance, the Clerk shall as soon as reasonable distribute a copy to the Mayor and to each Council member 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 2.27. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the Council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three Councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty 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.

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Section 2.28. 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 2.26(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 2.29 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 2.29. 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 all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Council shall provide for the preparation of a general codification of all 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 Council may specify. This compilation shall be known and cited officially as The Code of the City of Preston, Georgia. Copies of the Code may 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 this City and 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

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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. ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by Council. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove directors under his supervision. The director involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of three Council members. Section 3.11. Boards, Commissions and Authorities. (a) The Council shall create by ordinance such boards, commissions

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and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general state law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on 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 general State law. (e) No member of a board, commission or authority shall assume office until he has 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 administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice-chairman 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 general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City.

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Section 3.12. City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Section 3.13. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct. Section 3.14. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State 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 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 3.17. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies,

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departments, boards, commissions or authorities. 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. For purposes of this section, all elected and appointed City officials are not City employees. Section 3.18. Personnel Policies. The Council may adopt rules and regulations consistent with this charter concerning: (a) the method of employee selection and probationary periods of employment; and (b) 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; and (c) 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 (d) such dismissal hearings as due process may require; and (e) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV. MUNICIPAL COURT Section 4.10. Creation of Municipal Court. There is hereby established a court to be known as the Municipal Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same. Section 4.11. Chief Judge, Associate Judge. (a) The Municipal Court shall be presided over by a Chief Judge and

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such part-time, full-time, or standby Associate Judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a Judge on the Municipal Court unless he shall have attained the age of twenty-one years and be a resident of the same judicial circuit as the Municipal Court is located in. All Judges shall be appointed by Council. (c) Compensation of the Judges shall be as determined by the Council who may also remove for cause such Judge or Judges by a majority vote of the Council. (d) Before entering on duties of his office, each Judge shall take an oath given by the Mayor that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality which shall be entered upon Council minutes. Section 4.12. Convening. The Municipal Court shall be convened at regular intervals as designated by Council or at such times as deemed necessary by the Judge to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The Municipal Court shall try and punish for crimes against the City 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 one hundred dollars. The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars or imprisonment for thirty days, or both. As an alternative to fine or imprisonment, the Municipal 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 days. (b) The Municipal Court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to Superior Courts for violations of State law.

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(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 on order of the Judge be forfeited to the City or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (d) The Municipal 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 Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (f) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The Municipal Court is specifically vested with all the jurisdiction and powers throughout the entire area of the City granted by general State laws generally to Mayor's, Recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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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 Webster County from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the Council, the Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Municipal Court; provided, however, that the Council may adopt in part or in toto the rules and regulations relative to the 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. ARTICLE V. ELECTIONS Section 5.10. Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.11. Election of Council and Mayor. On the third Monday in December of odd-numbered years, there shall be an election for Mayor and four Councilmen, the Mayor and Councilmen to serve for two year terms. 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 2.22 of this charter. Section 5.12. Special Elections; Vacancies. In the event that the office of Mayor or Council member shall become vacant for any cause whatsoever, the Council or those remaining

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shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels. Section 5.14. Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.15. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed 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) knowingly violate 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.

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Section 5.16. Procedure for Removal. Removal of an above-described officer may be accomplished by one of the following methods: (a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 Webster 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 Webster County as provided by law. ARTICLE VI. FINANCE Section 6.10. Property Tax. The Council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion. The City is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive. Section 6.11. Millage Rate, Due Dates, Payment Methods. The Council by ordinance shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments

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or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. 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. Section 6.12. Occupation and Business Taxes. The Council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any professon or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this article. Section 6.13. Licenses, Permits, Fees. The Council by ordinance shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulations. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Service Charges. The Council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, or health services, or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such

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services. If unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees. Section 6.15. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. 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 6.16. Construction. Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of the City to govern its local affairs. Section 6.17. Collection of Delinquent Taxes and Fees. The Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.18. Transfer of Executions. The City Clerk

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shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all rights, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, 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. L. 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-term Notes. The City must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.22. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or federal law.

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Section 6.23. Preparation of Budgets. The Council may provide an ordinance on 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 6.24. 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 fund to which it applies. Section 6.25. Capital Improvements Budget. (a) The Mayor may 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, provided that such authorization is passed by majority vote of those Councilmen present. (b) 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, 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 6.26. Independent Audit. There shall be an annual independent audit of all City accounts, funds and

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financial transactions by a qualified public accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.27. Contracting Procedures. No contract with the City shall be binding on the City unless: (a) it is in writing; (b) it is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.28. Centralized Purchasing. The Council may by ordinance prescribe procedures for a system of centralized purchasing for the City. Section 6.29. Sale of City Property. (a) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law as now or later amended at section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p. 350). (b) 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. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separate 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. Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.11. Franchises. The Council shall have the power to grant franchises for the use of the City's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of thirty-five years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City Clerk in a 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.

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Section 7.12. 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 by ordinance or as may be provided by state law. Section 7.13. Prior Ordinances. All ordinances, bylaws, resolutions, 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 Council. Section 7.14. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of sixty days before or during which the existing Council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. Section 7.15. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or office as may be provided by the Council. Section 7.16. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment not to exceed thirty days or both such fine and imprisonment. Section 7.17. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not.

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(c) The word City shall mean the City of Preston, Georgia. (d) The word Council shall mean the City Council of this City. (e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.18. 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 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 7.19. Specific Repealer. An Act incorporating the Town of Preston in the County of Webster, approved December 17, 1901 (Ga. L. 1901, p. 613), as amended, is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.20. Effective Dates. For the purpose of holding the elections provided for in section 5.11 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective when the Mayor and Councilmen elected under subsection (a) of section 5.11 of this Act take their oaths of office. Section 7.21. 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 1977 regular session of the General Assembly of Georgia a bill to provide a new Charter for the City of Preston, Ga. To

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provide for all matters relative thereto, and for other purposes. A copy of which shall be available for public inspection at the City Hall. 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 Webster County, on the following dates: January 20, 27 and February 3, 1977. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me this 4th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. DOUGLAS COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 201 (House Bill No. 688). 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, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2120), so as to change the provisions relating to the expense allowance of the chairman and the members of the board of commissioners;

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to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2120), is hereby amended by striking from section 7, wherever the same shall appear, the following: $100.00, and inserting in lieu thereof the following: $225.00, so that when so amended, section 7 shall read as follows: Section 7. The chairman shall be compensated in the amount of $18,500.00 per annum and shall be reimbursed for expenses incurred in the performance of his official duties, but not to exceed $225.00 per month. The chairman shall devote full time to the duties of his office. The two other members of the board shall be compensated in the amount of $6,000.00 per annum and shall be reimbursed for expenses incurred in the performance of the duties of the board but not to exceed $225.00 per month. The compensation and expenses of the chairman and other members of the board shall be paid in equal monthly payments from the funds of Douglas County. The expenses of all members of the board shall be subject to the approval of the entire board. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended; and for other purposes. This 6th day of January, 1977. Thomas Kilgore Representative, 65th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 6, 13, 20, 1977. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public. (Seal). Approved March 11, 1977.

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DOUGLAS COUNTYCERTAIN OFFICIALS' COMPENSATION CHANGED. No. 202 (House Bill No. 689). An Act to amend an Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Douglas County on annual salaries, approved February 17, 1964 (Ga. L. 1964, p. 2082), as amended, particularly by an Act approved March 16, 1973 (Ga. L. 1973, p. 2280), so as to change the provisions relative to the compensation of the clerk, sheriff, judge of the probate court and tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Douglas County on annual salaries, approved February 17, 1964 (Ga. L. 1964, p. 2082), as amended, particularly by an Act approved March 16, 1973 (Ga. L. 1973, p. 2280), is hereby amended by striking from section 2 the following: $15,000.00, and inserting in lieu thereof the following: $16,500.00, 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 $16,500.00, payable in equal monthly installments from the funds of Douglas County. Section 2. Said Act is further amended by striking from section 3 the following: $15,000.00,

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and inserting in lieu thereof the following: $18,000.00, so that when so amended, section 3 shall read as follows: Section 3. The sheriff shall receive an annual salary of $18,000.00, payable in equal monthly installments from the funds of Douglas County. Section 3. Said Act is further amended by striking from section 4 the following: $15,000.00, and inserting in lieu thereof the following: $16,500.00, so that when so amended, section 4 shall read as follows: Section 4. The judge of the probate court shall receive an annual salary of $16,500.00, payable in equal monthly installments from the funds of Douglas County. Section 4. Said Act is further amended by striking from section 5 the following: $15,000.00, and inserting in lieu thereof the following: $16,500.00, so that when so amended, section 5 shall read as follows: Section 5. The tax commissioner shall receive an annual salary of $16,500.00, payable in equal monthly installments from the funds of Douglas County. Section 5. This Act shall become effective on the first day of the month following the month in which it is approved

Page 3033

by the Governor or in which it becomes law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend an Act placing the Clerk of Superior Court, the Sheriff, the Judge of the Probate Court and the Tax Commissioner of Douglas County on annual salaries, approved February 17, 1964 (Ga. L. 1964, p. 2082), as amended; and for other purposes. This 6th day of January, 1977. Thomas Kilgore Representative, 65th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 6, 13, 20, 1977. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977.

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CITY OF PELHAMNEW CHARTER. No. 204 (House Bill No. 711). An Act to provide a new charter for the City of Pelham; to provide for the government, powers, duties, responsibilities and obligations of said city; to provide for all matters related thereto; 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 Pelham, repealing, replacing, or modifying certain sections of the charter provided by an Act of the General Assembly, approved September 14, 1881 (Ga. L. 1881, p. 444). The City of Pelham, Georgia, in the County of Mitchell, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Pelham, 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 Pelham 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 Pelham, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of City Hall and to be designated as the case may be: Map (or Description) of the Corporate Limits of the City of Pelham, 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. (b) The mayor and council may provide for the redrawing

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of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. (c) 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. Section 1.12. Specific Powers. The corporate powers of the government of the City of Pelham, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, reevaluation, 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

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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, cable television, electrical distribution systems, telephone exchanges, transportation facilities, public airports, and any other public utility; to fix the taxes, charge 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 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; (10) To grant franchises and rights-of-way throughout the streets and roads, and alleys and over the bridges and viaducts, for the use of public utilities. (11) 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

Page 3037

by condemnation under section 36-203 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (12) 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; (13) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (14) To regulate junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, the use of firearms, and to regulate the transportation, storage and use of combustible, explosive and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (15) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever by taxation or otherwise; (16) To license, tax or regulate professional fortunetelling or palmistry; (17) 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, roads and alleys or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (18) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (19) To regulate the emission of smoke or other exhaust

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which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (20) To fix and establish the 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; (21) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (22) 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; (23) 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; (24) To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewerage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system and those property owners abutting said system a sewer charge fee, sewer tax or sewage standby 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; (25) To charge, impose and collect a sewer connection fee or fees and to charge the same from time to time; such

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fees to be levied on the users connecting with the sewerage system; (26) 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; (27) To define a nuisance and provide for its abatement whether on public or private property; (28) 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; (29) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (30) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this State, 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; (31) To regulate, license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted hereunder;

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(32) 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; (33) 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; (34) To provide and maintain a system of pensions and retirement for officers and employees of the city; (35) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (36) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made thereof; (37) To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (38) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city; (39) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia. (40) To exercise the power of arrest through duly appointed policemen; (41) To establish procedures for determining and proclaiming

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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; (42) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants, and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the 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 1.15. 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. Section 1.17. Franchises. The mayor and councilmen of said city shall have full power and authority by ordinance or by resolution for terms not exceeding 25 years to grant to any person or corporation and their assigns upon such terms as the said mayor and councilmen may by such ordinance or resolution prescribe either exclusive or general franchises for the establishment and operation of telephones, electric light plants, gas light plants, street railways and any or all other public utilities, together with the exclusive or general right to occupy longitudinally or otherwise, any or all streets of said city, at above or below the surface for any or all of said purposes, including the right to erect and maintain in said streets, poles, wires, conduits and other fixtures for such telephones and electric light plants, and the right to lay and maintain in such streets pipes and other fixtures for such gas light plants and the right to establish and maintain in such streets, tracks and other fixtures for such street railways and the right to establish and maintain in such streets any and all fixtures, structures and appliances of any kind to be used in the establishment and operation of any of said public utilities. Article II. Governing Body Section 2.10. Creation; Composition; Number; Election. The legislative authority of the government of the City of Pelham except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a

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mayor and six councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) Forfeiture of Office. The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of Vacancies. A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.12. Compensation and Expenses. The mayor and councilmen shall receive as compensation for their services an amount to be established by ordinance. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.13. Prohibitions. (a) Holding Other Office. Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected. (b) Voting When Personally Interested. Neither the mayor nor any other member of the council shall vote upon any question in which he is personally interested. Section 2.14. Inquiries and Investigations. The mayor and council may make inquiries and investigations into the affairs of the city and the conduct of any department, office,

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agency or employee 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 mayor and council shall be punished as provided by ordinance. Section 2.15. General Power and Authority of the Mayor and Council. (a) Except as otherwise provided by law or by this charter, the mayor and council shall be vested with all the powers of the government of the City of Pelham as provided by Article I. (b) In addition to all other powers conferred upon it by law, the mayor and council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution, and 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 Pelham, Georgia, and may enforce such ordinance by imposing penalties for violation thereof. (c) The mayor and council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.16. 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

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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) recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (g) call special meetings of the council as provided for in section 2.20; (h) perform other duties as may be required by law, this charter or ordinance. Section 2.17. Chief Executive Officer. The mayor shall be the chief executive of the City of Pelham. 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. 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 2.19. Organization Meeting. The mayor and council shall meet for organization on the first Wednesday in February. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman as the case may be) of the city and that I will support and defend the charter

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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. Section 2.20. Regular and Special Meetings. (a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance. The mayor and 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 four members of the council. Notice of such special meetings shall be served in writing and acknowledged on all other members personally. 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. Section 2.21. Rules of Procedure. The mayor and council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record. Section 2.22. 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 a show of hands and shall be recorded in the minutes. The affirmative vote of four councilmen shall be required for the adoption of any ordinance, resolution,

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or motion except as otherwise provided in this charter. The mayor and council shall vote on all issues except as provided for herein. 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 ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subjest which is not expressed in its title. The enacting clause shall be The Mayor and Council of the City of Pelham hereby ordains.... (b) An ordinance may be introduced by any member of the council and read at a regular meeting of the mayor and council. Ordinances shall be considered and adopted or rejected by the mayor and council in accordance with the rules which it shall establish. Section 2.24. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public space, the mayor and 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 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 four councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Section 2.25. Codes of Technical Regulations. (a) The mayor and 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,

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as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to section 2.26. Section 2.26. Signing, Authenticating, Recording, Codifying, Printing. (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose of all ordinances adopted by council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The mayor and 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 mayor and council by ordinance, 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 Pelham, 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 mayor and council shall cause each ordinance and each amendment in this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable price as fixed by the council. Following publication of the first Code of the City of Pelham 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 mayor and council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in of 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 mayor and council by ordinance may establish,

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abolish, merge, or consolidate offices, positions of employment, departments and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city. The mayor and council shall prescribe the functions and duties of existing departments, officies and agencies or of any departments, offices and agencies hereinafter created or established and 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, 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 to such divisions or bureaus as may be provided by ordinance of the mayor and 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 the 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 mayor and council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, term of office or

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manner of appointment is prescribed by this charter or by applicable State law. (b) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable State law. (c) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor. (d) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the council. (e) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable State law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12. City Manager. The mayor and council may

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appoint a city manager. The duties and authority of the city manager shall be established by ordinance of the mayor and council, and in so doing, the mayor and council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.13. City Attorney. The mayor and council shall appoint a city attorney together with such assistant city attorneys as may be authoritized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.14. City Clerk. The mayor and council may appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the mayor and council may direct. Section 3.15. Certified Public Accountant. The council may appoint a certified public accountant to perform the duties as requested by the mayor and council. Section 3.16. Consolidation of Functions. The city manager, with the approval of the mayor and the council, may consolidate any two or more of the positions of the city or may assign the functions of any one or more of such position to the holder of any other positions. Section 3.17. Position Classification and Pay Plan. The city may adopt a comprehensive pay plan by ordinance and amend said pay plan by ordinance from time to time as need be.

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Section 3.18. 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, 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, 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 Pelham. 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 Pelham which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 18 years and shall serve at the discretion of the mayor and council. The compensation of the judge shall be fixed by the mayor and council.

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(b) The judge pro tem shall have the same qualifications as the judge, serve in the absence of the judge, shall be appointed by the mayor and council, and shall take the same oath as the judge. (c) Before entering on duties of his office, the judge and judge pro tem shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened 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 Pelham 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 $300.00 or 60 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $300.00 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 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

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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 Pelham, 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 Pelham 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 that any person who fails to file his appeal within ten days of the date on his conviction

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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 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 the mayor and 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 city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. Article V. Elections Section 5.10. Mayor and Council Election. On the second Tuesday in January of odd-numbered years, there shall be an election for three councilmen. One councilman shall be elected from Ward One, Ward Four and Ward Five, and said councilmen shall serve for a term of two years. On the second Tuesday in January of even-numbered years there shall be an election for a mayor and three councilmen. One councilman shall be elected from Ward Two, one councilman from Ward Three and a mayor and one councilman shall be elected from the city at large; said mayor and said councilmen to serve for a term of two years. The wards of the city shall be those established by ordinance. Section 5.11. Qualifying; Nomination of Candidates, Absentee Ballots. The mayor and council may, by ordinance, prescribe rules and regulations as may be necessary for the conduct of elections in the City of Pelham. Section 5.12. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Pelham 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 written or hereafter amended.

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Section 5.13. Special Elections; Vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, said vacancy shall be filled by appointment by the remaining members of the council. Qualifications of candidates shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933, as now or hereafter amended. Section 5.14. Grounds for Romoval. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) willful violation of any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties 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 two-thirds vote of the entire membership of the mayor and council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Mitchell 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 Mitchell County as provided by law. Article VI. Finance and Fiscal Section 6.10. Property Taxes. All property taxes 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 Pelham. 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 purposes. Section 6.11. 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 revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the mayor and council and is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Pelham is hereby exempted from the provisions of Georgia Code section 92-4104 inclusive. Section 6.12. 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 may be paid and shall provide by ordinance for the payment of taxes due to the city 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 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, remedies and ordinances. 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

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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 6.14. Licenses, Occupational 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 of Pelham 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 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 laws. Section 6.15. 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 or standby services rendered both within and without the corporate limits of the City of Pelham, 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 the property 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 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

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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 mayor and 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 set by the mayor and council 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 to tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements

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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 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. 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 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. Section 6.23. Preparation of Budgets. The mayor and 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 6.24. Submission of Operating Budget to Mayor and Council. On or before a date fixed by the mayor and council but not later than May prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed operating budget for the ensuing

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fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, an explanation 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 6.25. Action by Mayor and Council on Budget. (a) The mayor and council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The mayor and council shall adopt the final operating budget for the ensuing fiscal year not later than the month of May of each year. If the mayor and council fail 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 mayor and 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 funds 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 6.26. Property Tax Levies. As the next order of business following adoption of the operating budget, the mayor and council shall levy by ordinance an annual tax on all real and personal property within the City of Pelham. 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 Pelham. Section 6.27. Additional Appropriations. The mayor and 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 6.28. Capital Improvement Budget. (a) On or before the date fixed by the mayor and council but not later than April prior to the beginning of each fiscal year, the city manager shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have the power to accept with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants when passed by two-thirds vote of the membership of the council. (b) The mayor and council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the month of May of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned provided the city

Page 3063

manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the mayor and council. Section 6.29. Contracting Procedures. All contracts shall be made or authorized by the mayor and council, and no contracts shall bind the city unless reduced to writing and approved by the mayor and 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 mayor and council. Section 6.30. Centralized Purchasing. (a) The mayor and council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Pelham. (b) The mayor and council may sell and convey any real or personal property owned or held by the City of Pelham 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 mayor and council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the mayor and council may authorize the city manager to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to 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

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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 Pelham, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the mayor and council may from time to time require. Section 7.11. Existing Ordinances and Resolutions. Existing ordinances and resolutions of the City of Pelham 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 Pelham 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. Specific Repealer. An Act incorporating the City of Pelham, approved September 14, 1881 (Ga. L. 1881, p. 444), and all amendments thereto are hereby repealed. Section 7.14. Incumbent Officeholders. The mayor and councilmen serving as such on the effective date of this Act shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected as provided for in section 5.10 of the charter. Section 7.15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1977 regular session of the General Assembly of Georgia, a bill to provide a new charter of the City of Pelham, Georgia. To provide for all matters relative thereto and for other purposes. Fred Hand, Jr. City Attorney January 15, 1977 To Whom It May Concern: This is to certify that the attached Notice ran in the issues of The Pelham Journal for three consecutive weeks, December 30, 1976, January 6, 1977 and Jan. 13, 1977. Sincerely, The Pelham Journal /s/ J. B. Chism Jr. Editor and Publisher Approved March 11, 1977. BUTTS COUNTY BOARD OF COMMISSIONERS OF ROADS AND REVENUESELECTION OF CHAIRMAN PROVIDED, ETC. No. 205 (House Bill No. 734). An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 191), and an Act approved February 4, 1953 (Ga. L. 1953, Jan-Feb. Sess., p. 2070), so as to provide for the election by the electors of Butts County of a Chairman of the Board of Commissioners of Butts

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County and for the election of two members of the 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 to create a Board of Commissioners of Roads and Revenues or Butts County, Georgia, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 191), and an Act approved February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2070), is hereby amended by striking thereof in its entirety, and substituting in lieu thereof a new section 1, to read as follows: Section 1. There is hereby created a Board of Commissioners of Butts County, Georgia. The Board shall consist of 3 members who shall be qualified voters of the county and legally qualified to hold public office, one of whom shall be elected by the electors of Butts County as Chairman of the Board of Commissioners. Not more than one of the members of the Board of Commissioners shall be eligible to hold any other office or employment of the county during any period of time. Section 2. Said Act is further amended by striking section 2 thereof, which reads as follows: Section 2. Upon the approval of this Act, it shall be the duty of the Ordinary of said county to call an election to be held in the usual voting precincts of said county not less than thirty and not more than forty days after the date of said call. Notice of said election shall be published once a week for four weeks in the official newspaper of said county prior to the date of said election. Only those residents of the county qualified to vote for members of the General Assembly shall be permitted to vote in said election, and the Ordinary shall prepare and send out to the election managers of the various precincts the necessary election papers, and the returns of said election shall be made by the managers to the Ordinary and by him consolidated, and he shall declare the result thereof. The same statutes, rules and regulations

Page 3067

shall apply to the holding of said election as apply to elections for members of the General Assembly. The expenses of this election shall be paid by the county out of its general funds., in its entirety. Section 3. Said Act is further amended by striking section 3 thereof in its entirety, and substituting in lieu thereof the following: Section 3. (a) Beginning with the general election for members of the Board of Commissioners held in 1980 for terms beginning January 1, 1981, the members of the Board of Commissioners shall be elected to posts, to be designated Post No. 1, Post No. 2, and Post No. 3, respectively. All members shall be elected from the county at large and shall reside within the county. The member elected to represent Post No. 1 shall be the Chairman of the Board of Commissioners. (b) The term of office of members of the Board of Commissioners shall be for four years and until the election and qualification of their successors. (c) The members of the Board of Commissioners of Butts County in office on the effective date of this Act shall remain in office until the election and qualification of their successors. Section 4. Said Act is further amended by striking section 4 thereof in its entirety, and substituting in lieu thereof the following: Section 4. The Chairman of the Board of Commissioners shall preside at all meetings and sign all orders of the Board of Commissioners. The chairman shall have the right to vote on all questions before the Board, and shall also have the right to make motions and perform all duties imposed under this Act upon said Board of Commissioners. Section 5. 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 1977 session of the General Assembly of Georgia, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, so as to provide for the election by the electors of Butts County of a Chairman of the Board of Commissioners of Butts County and for the election of two members of the said Board of Commissioners; to provide an effective date; and for other purposes. This 15 day of January, 1977. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones 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 20, 27 and February 3, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977.

Page 3069

WAYNE COUNTY SHERIFF'S SALARY CHANGED. No. 206 (House Bill No. 739). An Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p 2678), so as to change the salary of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2678), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. (a) The Sheriff of Wayne County shall receive a salary of $15,650.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The sheriff shall have the authority to appoint, remove, classify and fix the compensation of such deputies, file clerks, jailers and other personnel as the sheriff may deem necessary to properly carry out the functions of his office, provided, however, that the number of such personnel and their compensation shall be subject to the approval of the governing authority of Wayne County. (b) It shall be the duty of the governing authority of Wayne County to provide or cause to be provided sufficient vehicles, radios, uniforms, office supplies and other equipment as well as the cost of the operation and maintenance thereof, as may be reasonably necessary to permit the Sheriff of Wayne County to properly carry out the duties of his office. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 3070

by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide for a salary supplement for the Sheriff of Wayne County to be paid from county funds; to provide for the procedures connected therewith; and for other purposes. This 1 day of January, 1977. Roscoe E. Dean, Jr. Senator, 6th District R. Bayne Stone Representative, 138th District, Post 1 Joel R. Greene Representative, 138th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joel R. Greene 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 Press Sentinel which is the official organ of Wayne County, on the following dates: January 6, 13, and 20, 1977. /s/ Joel R. Greene Representative, 138th District Sworn to and subscribed before me, this 3rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977.

Page 3071

WASHINGTON COUNTY PROBATE JUDGECOMPENSATION CHANGED. No. 207 (House Bill No. 749). An Act to amend an Act abolishing the mode of compensating the Judge of the Probate Court of Washington County, known as the fee system, and providing in lieu thereof an annual salary, approved March 29, 1971 (Ga. L. 1971, p. 2289), as amended, so as to change the compensation of said Judge and the method of fixing said compensation; to change certain provisions prohibiting the increase of said Judge's compensation during his term of office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the mode of compensating the Judge of the Probate Court of Washington County, known as the fee system, and providing in lieu thereof an annual salary, approved March 29, 1971 (Ga. L. 1971, p. 2289), as amended, is hereby amended by striking in its entirety section 2 thereof, which reads as follows: Section 2. The annual salary of the Judge of the Probate Court shall be fixed by the governing authority of Washington County before the qualifying date for said office in each election year prior to the beginning of a new term of office. Said salary shall not be diminished or increased thereafter during the term of office of said Judge of the Probate Court. and inserting in lieu thereof a new section 2, to read as follows: Section 2. The annual salary of the Judge of the Probate Court of Washington County shall be the sum of twelve thousand two hundred ($12,200.00) dollars payable in equal monthly installments by the first of each month. Said salary shall not be diminished thereafter during the term of the office of said Judge of the Probate Court.

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Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. I hereby announce that I will introduce legislation in the upcoming session of the Georgia General Assembly that will be purposed to make changes within the Judge of Probate Court's office of this county, so as to change the compensation of said Judge and the method of fixing said compensation; to change certain provisions prohibiting the increase of said Judge's compensation during his term of office; to provide an effective date; to repeal conflicting laws; and for other purposes. Jimmy Lord Representative, 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord 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 12, 19 and 26, 1977. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977.

Page 3073

CATOOSA COUNTY SUPERIOR COURTCLERK'S SALARY CHANGED, ETC. No. 208 (House Bill No. 766). An Act to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved April 14, 1975 (Ga. L. 1975, p. 2856), so as to increase the salary of the clerk of the superior court; to increase the maximum allowance for clerical help for the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved April 14, 1975 (Ga. L. 1975, p. 2856), is hereby amended by striking from section 2, the following: $13,500.00, and substituting in lieu thereof, the following: $16,500.00, so that when so amended section 2 shall read as follows: Section 2. The salaries of the said county officers shall be as follows: The Judge of the Probate Court $ 7,000.00 per annum Clerk of the Superior Court $16,500.00 per annum All salaries payable under this Act shall be paid in equal monthly installments from funds of Catoosa County.

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Section 2. Said Act is further amended by striking from section 3, the following: $10,000.00, and inserting in lieu thereof, the following: $13,000.00, so that when so amended section 3 shall read as follows: Section 3. The maximum allowance to be paid for clerical help shall be: Clerical help for the Judge of the Probate Court $ 8,600.00 per annum Clerical help for the Clerk of the Superior Court $13,000.00 per annum All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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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 requested local legislation to increase the salary of the Clerk of the Superior Court of Catoosa County, Georgia, and to increase the clerical allowance for said office, at the January, 1977 session of the General Assembly of the State of Georgia. This the 2nd day of December, 1976. Norman L. Stone, Clerk of Superior Court, Catoosa County, Georgia Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of the Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in the Catoosa County News 3 times, on the issues dated, to-wit: December 23, 30, 1976 and January 6, 1977. /s/ Jim Caldwell Sworn to and subscribed before me, this the 13th day of January, 1977. /s/ Lois T. Queen (Seal). Approved March 11, 1977. CITY OF DUBLIN, COUNTY OF LAURENS DEVELOPMENT AUTHORITYNEW MEMBERS AUTHORIZED, ETC. No. 209 (House Bill No. 775). An Act to amend an Act to create the city of Dublin and County of Laurens Development Authority, approved March 14, 1963 (Ga. L. 1963, p. 2206), as amended by an

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Act approved March 31, 1976 (Ga. L. 1976, p. 4007), so as to add additional members to the authority; to provide for appointment and terms of office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create the City of Dublin and County of Laurens Development Authority, approved March 14, 1963 (Ga. L. 1963, p. 2206), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 4007), is hereby amended by striking section 5 thereof in its entirety and substituting in lieu thereof a new section 5, to read as follows: Section 5. (1) The Authority shall consist of 7 members as follows: (a) Two members appointed by the mayor and board of aldermen of the City of Dublin. (b) Two members appointed by the board of commissioners of Laurens County. (c) One member appointed by the joint and concurrent action of the mayor and board of aldermen of the City of Dublin and the board of commissioners of Laurens County. (d) One member of the mayor and board of aldermen of the City of Dublin appointed by the mayor and board of aldermen of the City of Dublin at its first meeting in January in each year. (e) One member of the board of commissioners of Laurens County appointed by the board of commissioners of Laurens County at its first meeting in January in each year. (2) The term of office of the members of the Authority shall be 5 years and until the appointment and qualification of their successors, except that the term of the members appointed pursuant to paragraphs (1) (d) and (e) shall be 1 year and until the appointment and qualification of their successors.

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(3) All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said political body or bodies designated by this Act to appoint them. Should any member resign or be unable to serve or move beyond the territorial limits of Laurens County as it is now situated or may hereafter be situated, his successor shall be appointed to serve the remaining term by the political body or bodies who originally appointed such member. (4) Prior to taking office the members shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Dublin-Laurens County Development Authority, So Help Me God'. (5) The members of the said Authority shall be entitled to no compensation. Section 2. The members of the City of Dublin and County of Laurens Development Authority in office on the effective date of this Act shall remain in office until the expiration of their terms and until the appointment and qualification of their successors as provided in this Act. Section 3. The initial appointment of the members added to the City of Dublin and County of Laurens Development Authority pursuant to the provisions of this Act shall be made as soon as practicable after the effective date of this Act and each such member shall serve until the appointment and qualification of his successor as provided in this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia, which convened in January 1977, there will be introduced a Bill to Amend the Act creating the City of Dublin and County of Laurens Development Authority, as set forth in Georgia L. 1963, page 2206; to add additional

Page 3078

members to said Authority and to provide additional powers for the City of Dublin and County of Laurens to provide for the appointment of members and to provide for issuing revenue bonds; to provide for exemptions; to repeal conflicting laws; and for other purposes. This 20th day of January, 1977. City of Dublin and County of Laurens Development Authority by H. Dale Thompson, Attorney at the direction of said Authority. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland 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 22, 29 and February 5, 1977. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977.

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CITY OF UNADILLANEW CHARTER. No. 210 (House Bill No. 782). An Act to provide a new Charter for the City of Unadilla in the County of Dooly; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide effective dates; 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 Unadilla, repealing and replacing the charter provided by an Act of the General Assembly, approved August 10, 1920 (Ga. L. 1920, p. 1705), as amended. The City of Unadilla, Georgia in the County of Dooly and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of the Mayor and City Council of Unadilla, 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 Unadilla 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 Unadilla, 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 Unadilla, Georgia. Alterations in these boundaries

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shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the directions of the Mayor. Photographic or other copies of such map certified by the Mayor shall be admitted as 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. Examples of Powers. The corporate powers of this City may include but shall not be limited to the following: (1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the City; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the City; (5) Municipal Debts. 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,

Page 3081

program or venture authorized by this charter or the laws of the State of Georgia; (6) Municipal Property Ownership. 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; (7) 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; (8) Condemnation. To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under section 36-202 of the Code of Georgia of 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. 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; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct,

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pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, present erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and 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) Public 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, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia of 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. 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) Building Regulation. 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 the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;

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(16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; 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; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. 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) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. 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) Fire Regulations. 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) Public Hazards, Removal. To provide for the destruction

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and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) Solid Waste Disposal. 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) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. 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; 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; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. 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; (28) Jail Sentences. To provide that persons given jail sentences in the City's court may work out such sentence

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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 or agreement with the appropriate county officials; (29) Animal Regulations. 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 disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. 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; (31) Taxicabs. 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 liabilities insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. 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;

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(36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. 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; (39) Urban Redevelopment. To organize and operate an urban redevelopment program. (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (42) Other Powers. 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 stated 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 listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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Section 1.13. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of a Mayor and six Councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office. The members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the electon 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. 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

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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. Section 2.13. Compensation and Expenses. The salaries of the Mayor and Council of the City shall be fixed by said Mayor and Council at the first regularly scheduled meeting in the month following the City's regular election except as otherwise limited by the general 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. Section 2.14. Prohibitions. 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. Section 2.15. Code of Ethics. The Council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City. 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 agencies 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 this City 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

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for the creation 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, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this City. 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 provided for by this charter. Section 2.18. Chief Executive Officer. The Mayor shall be the chief executive of this City. He shall possess 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 2.19. Powers and Duties of Mayor. As the chief executive of the City, the Mayor: (a) shall see that all laws and ordinances of the City are faithfully executed; (b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council; (c) may appoint and remove all officers, department heads, and employees of the City by and with the consent of Council as otherwise provided for in this charter; (d) shall exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (e) may prepare and submit to the Council a recommended annual operating budget and recommended capital budget;

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(f) may 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; (g) shall 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) shall call special meetings of the Council as provided in section 2.23 (b); (i) shall approve or disapprove ordinances as provided in section 2.20; (j) may examine and audit all accounts of the City; (k) may require any department or agency of the City to submit written reports whenever he deems it expedient; (l) shall perform other duties as may be required by general State law, this charter or ordinance. Section 2.20. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Mayor, within ten calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his 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 meeting and should

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the Council then or at its next general meeting adopt the ordinance by an affirmative vote of three 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 Council over the Mayor's veto as provided herein. The reduced part or parts shall be presented to Council as though disapproved and shall become law unless overridden by Council as in subsection (c) above. Section 2.21. Mayor Pro Tem; Selection; Duties. The Council shall elect by majority vote from among its members a Mayor Pro Tem who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. The Council shall elect an acting Mayor Pro Tem from among its members for any period in which the Mayor Pro Tem is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Council. Section 2.22. Organization Meeting. (a) The Council shall meet for organization on the first scheduled meeting in January next 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 Councilman as the case may be) of this 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) 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 one year and until his successor is elected and qualified.

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Section 2.23. 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 trantact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the Council may be held on call of the Mayor or two members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residence in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice 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 to the extent required by general State law and notice to the public of special meetings shall be made as fully as is reasonably possible forty-eight hours prior to such meetings. Section 2.24. 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 2.25. 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 a majority of the Council shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.

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Section 2.26. Action Requiring an Ordinance. 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 Unadilla hereby ordains.... and every ordinance shall so begin. Section 2.27. 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 a majority 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 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 2.28. 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 2.26(b) of this charter for assuring public access to the ordinance shall be construed

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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 2.29 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 2.29. Signing, Authenticating, Recording; Codifying, Printing. (a) The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Council shall provide for the preparation of a general codification of all 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 Council may specify. This compilation shall be known and cited officially as The Code of the City of Unadilla, Georgia. Copies of the Code may be furnished to all officers, departments, and agencies of the City and made available for purchase by the public at a reasonable price as fixed by the Council. (c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.

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ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by Council. (d) There may be a supervisor of each department or agency who shall be its principal officer. Each supervisor shall, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All supervisors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove supervisors under his supervision. The supervisor involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of four Council members. Section 3.11. Board, Commissioners and Authorities. (a) The Council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof.

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(b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any vacancy on 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 general State law. (e) No member of a board, commission or authority shall assume office until he has 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 administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice chairman 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 general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City. Section 3.12. City Attorney. The Council may appoint a City attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of

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such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Section 3.13. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct. Section 3.14. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and endorce [sic] all general laws of the State 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 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 3.17. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the Council shall not increase or decrease the salaries of individual employees except by

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amendment of said pay plan. For purposes of this section, all elected and appointed City officials are not City employees. 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; 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; 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 dismissal hearings as due process may require; and (5) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation of Recorder's Court. There is hereby established a court to be known as the Recorder's Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same. Section 4.11. Chief Judge, Associate Judge. (a) The Recorder's Court shall be presided over by a Chief Judge and such part-time, full-time or stand-by Associate Judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a

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Judge of the Recorder's Court unless he shall have attained the age of 21 years and be a resident of the same judicial circuit as the Recorder's Court is located in. All Judges shall be appointed by Council. (c) Compensation of the Judges shall be determined by a majority of the Council who may also remove for cause such Judge or Judges by an affirmative vote of four members of the Council. (d) Before entering on duties of his office, each Judge shall take an oath given by the Mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality which shall be entered upon Council minutes. Section 4.12. Convening. The Recorder's Court shall be convened at regular intervals as designated by Council or at such times as deemed necessary by the Judge 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 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 one hundred dollars. The Recorder's Court may fix punishment for offenses, within its jurisdiction not exceeding a fine of five hundred dollars or imprisonment for sixty 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 sixty 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

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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 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 the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (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 granted by general State laws generally to mayor's, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Appeal. (a) A right of appeal to the Mayor and Council from the decision or judgment of the Recorder

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shall exist when the fine imposed upon the defendant is greater than one hundred dollars or the punishment is for a longer time than thirty days' imprisonment or thirty days of labor to the City. The right of said appeal must be exercised, in writing, to the Mayor and Council, within five days, excluding Saturdays, Sundays and holidays, after the judgment of the Recorder. The failure to exercise the right of appeal, as provided herein, shall not be construed as denying the right of appeal provided for in subsection (b) hereof. (b) The right of appeal shall exist in all cases from the judgment of the Recorder to the Superior Court of Dooly County 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 to the Superior Court in either of the above cases within thirty days of the date of his conviction in the Recorder's Court 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 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 may be filed with the City Clerk and shall be available for public inspection upon request. ARTICLE V ELECTIONS Section 5.10. Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended.

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Section 5.11. Election of Council and Mayor. (a) On the Tuesday following the second Sunday in December, 1977, and on said date biennially thereafter, there shall be an election for the Mayor and three Councilmen. For the period beginning when the Mayor and three Councilmen elected as provided herein take office and ending when the first three Councilmen elected under subsection (b) hereof take office, the governing authority of the City of Unadilla shall be composed of the Mayor and three Councilmen elected as provided herein and the three Councilmen (aldermen) elected under the former charter of the City of Unadilla whose regular terms of office will expire at the time the first three Councilmen elected under subsection (b) hereof take office. (b) On the Tuesday following the second Sunday in December, 1978, and on said date biennially thereafter, the remaining three Councilmen shall be elected to serve two-year terms. Thereafter, the Mayor and Councilmen shall be elected on the same date in the order of expiration of terms of those so elected such that a continuing body is created. (c) The terms of office of the Mayor and Councilmen elected as provided in this section shall begin upon their taking the oath of office as provided for in section 2.22 of this charter. Section 5.12. Special Elections; Vacancies. In the event that the office of Mayor or Council member shall become vacant for any cause whatsoever, the Council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within twelve months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 341 of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels.

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Section 5.14. Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.15. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed 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) knowingly violate 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 5.16. Procedure for Removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 Dooly County.

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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 Dooly County as provided by law. ARTICLE VI FINANCE Section 6.10. Property Tax. The Council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and County. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion. The City is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104, inclusive. Section 6.11. Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. 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. Section 6.12. Occupation and Business Taxes. The Council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations

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who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.13. License, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this Article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14. Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. If unpaid, such charges shall be collected as provided in this Article for delinquent taxes and fees. Section 6.15. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due

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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 6.16. Construction, Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the City to govern its local affairs. Section 6.17. Collection of Delinquent Taxes and Fees. The Council, by ordinance, may provide generally for the collection of delinquent taxes, fees or other revenue due the City by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.18. Transfer of Executions. The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the City, the owner of such property, in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State

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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 amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-Term Notes. The City must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.22. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or Federal law. Section 6.23. Preparation of Budgets. The Council may provide an ordinance on 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 6.24. 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

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existing unappropriated surplus in the fund to which it applies. Section 6.25. Capital Improvements Budget. (a) The Mayor may 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, 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 lapse 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 6.26. Independent Audit. There shall be an annual independent audit of all City accounts, funds and financial transactions by a Certified Public Accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or Federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.27. Contracting Procedures. No contract with the City shall be binding on the City unless:

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(1) it is in writing; (2) it is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.28. Centralized Purchasing. The Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the City. Section 6.29. Sale of City Property. (a) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law, as now or later amended, by section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p. 350). (b) 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. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public

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ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.11. Franchises. The Council shall have the power to grant franchises for the use of the City's streets and alleys, for the purpose of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of twenty-five years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City Clerk in a 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 7.12. 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 by ordinance or as may be provided by State Law. Section 7.13. Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the City not in conflict with this charter shall continue in force unless repealed or amended by Council. Section 7.14. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel

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and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of sixty days before or during which the existing Council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. Section 7.15. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or offices as may be provided by the Council. Section 7.16. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment not to exceed sixty days or both such fine and imprisonment. Section 7.17. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word City shall mean the City of Unadilla, Georgia and its governing authority. (d) The word Council shall mean the City Council of this City. (e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.18. Severability. If any Article, section, subsection, paragraph, sentence or part thereof of this charter, shall be held to be invalid or unconstitutional, such invalidity

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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 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 7.19. Specific Act Repealed. An Act incorporating the City of Unadilla in the County of Dooly, approved August 10, 1920 (Ga. L. 1920, p. 1705), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.20. Effective Dates. For the purpose of holding the elections provided for in section 5.11 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective when the Mayor and Councilmen elected under subsection (a) of section 5.11 of this Act take their oaths of office. Section 7.21. 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 1977 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Unadilla, Georgia. To provide for all matters relative thereto and for other purposes. /s/ Howard Rainey, Representative 135th District /s/ Jimmy Paulk, Senator 13th District Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey

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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 Vienna News-Observer which is the official organ of Dooly County, on the following dates: January 5, 12, 19, 1977. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. MUSCOGEE COUNTY SUPERIOR COURTCLERK'S SALARY CHANGED. No. 211 (House Bill No. 800). An Act to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 40), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2244), so as to change the salary of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a salary for the Clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 40), as amended, particularly by

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an Act approved March 29, 1971 (Ga. L. 1971, p. 2244), is hereby amended by striking from section 1 the following: nineteen thousand ($19,000.00), and inserting in lieu thereof the following: $22,500.00, so that when so amended, section 1 shall read as follows: Section 1. The salary of the clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the City Court of Columbus, Georgia shall be $22,500.00 dollars per annum. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Columbus, Georgia Notice is hereby given that there will be introduced at the January, 1977 session of the General Assembly of Georgia, a bill so as to change the salary of the Clerk, Superior Court, of Columbus, Georgia, to establish such change to be effective as of July 1, 1977; to repeal conflicting laws and for other purposes. This the 15th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he is Representative

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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: December 17, 24 and 31, 1976. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977. WASHINGTON COUNTYSHERIFF'S COMPENSATION CHANGED, NEW PERSONNEL AUTHORIZED, ETC. No. 212 (House Bill No. 818). An Act to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3924), so as to change the compensation of the sheriff; to authorize the recommendation and appointment of certain personnel, and to provide for their qualifications and compensation; to change certain provisions relating to the furnishing, equipping and use of certain vehicles; to authorize the furnishing of certain other equipment and supplies; 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: Section 1. An Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3924), is hereby amended by striking section 2 thereof in its entirety, which reads as follows: Section 2. The Sheriff of Washington County shall receive an annual salary in the amount of $13,350.00. The sheriff shall be paid in equal monthly installments from the funds of Washington County. It is specifically stipulated that the annual salary provided herein for the sheriff shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, salaries, and all other emoluments and perquisites of whatever kind formerly allowed him as compensation for services in any capacity, including services as Sheriff of the City of Sandersville., and substituting in lieu thereof a new section 2, to read as follows: Section 2. The Sheriff of Washington County shall receive an annual salary not less than $13,350.00 per annum and not more than $16,000.00 per annum, the exact amount to be determined by the governing authority of Washington County. The sheriff shall be paid in equal monthly installments from the funds of Washington County. It is specifically stipulated that the annual salary provided herein for the sheriff shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, salaries, and all other emoluments and perquisites of whatever kind formerly allowed him as compensation for services in any capacity, including services as Sheriff of the City of Sandersville. Section 2. Said Act is further amended by striking in its entirety section 5 thereof, which reads as follows: Section 5. Notwithstanding the provisions of section 4, the Sheriff of Washington County shall be authorized to appoint one chief deputy, four other full-time deputies, a

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secretary, a dispatcher and four jailers. The chief deputy shall be compensated in the amount of $7,800.00 per annum. Two of the four regular deputies shall be compensated in the amount of $6,825.00 each per annum. The other two regular deputies shall be compensated in the amount of $6,500.00 each per annum, but beginning January 1, 1976, said deputies shall be compensated in the amount of $6,825.00 each per annum. The dispatcher shall be compensated in the amount of $6,000.00 per annum. The secretary of the sheriff shall be compensated in the amount of $6,300.00 per annum. One of the four jailers shall be compensated in the amount of $4,725.00 per annum. The other three jailers shall be compensated in the amount of $4,500.00 per annum, but beginning January 1, 1976, said jailers shall be compensated in the amount of $4,725.00 each per annum. The chief deputy, the four full-time deputies, the dispatcher, the secretary and the four jailers shall be paid in equal monthly installments from the funds of Washington County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as full-time deputies, dispatcher, secretary and jailers and to prescribe their duties and assignments and to remove or replace any of such deputies at will. Two deputies shall be assigned to the night patrol., and inserting in lieu thereof a new section 5 to read as follows: Section 5. The Sheriff of Washington County shall be authorized to recommend, appoint and determine, within the limits provided herein, the number and salary of, and persons to serve as, each of the following sheriff's office personnel: not less than and not more than one chief deputy, to be compensated in an amount not less than $7,800.00 per annum and not more than $12,000.00 per annum; not less than five and not more than ten regular deputies, each of which shall be compensated in an amount not less than $6,825.00 per annum and not more than $10,800.00 per annum; not less than one and not more than two clerks, each of which shall be compensated in an amount not less than $6,000.00 per annum and not more than $7,300.00 per

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annum; not less than four and not more than seven jailer-dispatchers, each of which shall be compensated in an amount not less than $4,725.00 per annum and not more than $7,100.00 per annum; and no more than one investigator, although no investigator shall be required to be appointed or recommended for appointment, to be compensated in an amount not less than $8,500.00 per annum and not more than $14,000.00 per annum, provided, such investigator shall have completed at least two years of college and have obtained at least an associate degree therefrom in criminal justice or such investigator shall have served at least five years as a peace officer, as defined in section 2 of the Georgia Peace Officer Standards and Training Act, as amended, and shall meet each requirement specified in subsections (a) through (h) of section 8 of the Georgia Peace Officer Standards and Training Act, as amended. All such personnel shall be paid in equal monthly installments from the funds of Washington County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name such personnel and to prescribe their duties and assignments and to remove or replace any such deputies at will. Two deputies shall be assigned to the night patrol. Section 3. Said Act is further amended by striking in its entirety section 6 thereof, which reads as follows: Section 6. The governing authority of Washington County shall furnish not more that three automobiles for the use of the sheriff and his deputies, which automobiles shall be the property of Washington County. Each such automobile shall be equipped with a short-wave radio and shall be used for official business. The operating expenses, maintenance, repair, and replacement of each such automobile and equipment shall be the responsibility of the county and shall be paid from any funds of the county available for such purposes., and inserting in lieu thereof a new section 6, to read as follows: Section 6. The governing authority of Washington County

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shall furnish and equip no less than three and no more than ten motor vehicles, as it deems necessary for the use of the sheriff and the personnel of the sheriff's office in the execution of their duties, and such motor vehicles and equipment shall be used for official business only. The operating expenses, maintenance, repair, and replacement of such motor vehicles and equipment shall be the responsibility of the county and shall be paid from any funds of the county available for such purposes. The governing authority of Washington County is further authorized to furnish uniforms, equipment and other supplies it deems necessary for the use of the sheriff and the personnel of the sheriff's office in the execution of their duties, and such items shall be paid from any funds of the county available for such purposes. Section 4. This Act shall become effective July 1, 1977. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. I hereby announce that I will introduce legislation in the upcoming session of the Georgia General Assembly that will be proposed to make changes within the sheriff's office of this county, so as to change the compensation of the sheriff: to provide for certain budgetary changes, proposals, procedures and submissions following elections; to provide the methods, procedures and time limits for obtaining the approval of recommendations relating to sheriff's office personnel positions and salaries: to authorize the recommendation and appointment of certain personnel and to provide for their qualifications and compensation; to change certain provisions relating to the furnishing, equipping and use of certain vehicles; to authorize the furnishing of certain other equipment and supplies; to provide an effective date: to repeal conflicting laws; and for other purposes. Rep. Jimmy Lord, State Representative 105th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorize dto administer oaths, Jimmy Lord 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 12, 19 and 26, 1977. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977. TAYLOR COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 213 (House Bill No. 830). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, approved March 2, 1933 (Ga. L. 1933, p. 673), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2761) and an Act approved April 3, 1972 (Ga. L. 1972, p. 3683), so as to change the compensation of the tax commissioner; to change the compensation of the secretary of the tax commissioner; 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 consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, approved March 2, 1933 (Ga. L. 1933, p. 673), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2761) and an Act approved April 3, 1972 (Ga. L. 1972, p. 3683), 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 compensation of the Tax Commissioner of Taylor County shall be ten thousand eight hundred dollars ($10,800.00) per annum, to be paid in equal monthly installments from the funds of Taylor County. 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. The Tax Commissioner of Taylor County shall have authority to appoint a secretary to assist in the duties of such office. Such secretary shall perform the duties specified by the tax commissioner. The secretary shall receive an annual salary of six thousand six hundred dollars ($6,600.00), payable in equal monthly installments from the funds of Taylor 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 a bill introduced in the 1977 legislative session to change the compensation of the tax commissioner and the tax commissioner's secretary and for other purposes. Ward Edwards State Representative 110th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards who, on oth, deposes and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Taylor County News which is the official organ of Taylor County, on the following dates: January 27, February 3, and 10, 1977. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. UNION COUNTY SHERIFF'S COMPENSATION CHANGED. No. 214 (House Bill No. 835). An Act to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation, approved March 11, 1968 (Ga. L. 1968, p. 2264), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4361), so as to change the compensation of the Sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation, approved

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March 11, 1968 (Ga. L. 1968, p. 2264), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4361), is hereby amended by striking from section 2 the following: $11,700.00, and inserting in lieu thereof the following: $13,500.00, so that when so amended section 2 shall read as follows: Section 2. The Sheriff shall receive an annual salary of $13,500.00 payable in equal monthly installments from the funds of Union 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1977 Session of the General Assembly of Georgia, a bill to amend an act placing the sheriff of Union County on a salary in lieu of the fee system of compensation approved March 11, 1968, (Ga. L. 1968, Page 2264) as amended and for other purposes. Carlton Colwell, Rep. Dist. 4, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton H. Colwell who, on oath, deposes and says that he is Representative from

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the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the official organ of Union County, on the following dates: January 27, February 3, 10, 1977. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. CRAWFORD COUNTY SHERIFF'S COMPENSATION CHANGED. No. 217 (House Bill No. 842). An Act to amend an Act placing the Sheriff of Crawford County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2499), as amended, so as to change the compensation provisions relating to the 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 Crawford County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2499), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The Sheriff of Crawford County shall receive

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an annual salary of not less than $12,500.00 or such additional compensation as may be determined by the governing authority of Crawford County. In addition to such annual salary, the sheriff in office on April 1, 1977, shall also receive an additional $50.00 for each year of service, or portion of year of service if more than six months, completed as of April 1, 1977. The said sheriff shall receive such additional compensation based on years of service as long as he remains in office but shall not receive credit for any years completed after April 1, 1977. The sheriff shall also receive an annual cost-of-living increase of $300.00 beginning April 1, 1977, and continuing thereafter. Any newly elected sheriff shall receive an annual salary of not less than $12,500.00 or such additional compensation as may be determined by the governing authority of the county. After the newly elected sheriff has served one year in office, he shall be entitled to the annual $300.00 cost-of-living increase. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. There will be introduced at the regular 1977 session of the Georgia General Assembly a bill to be entitled An Act to Amend an Act placing the Sheriff of Crawford County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2499), as amended, so as to change the provisions relative to the compensation of said sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Bryant Culpepper Representative, 98th District

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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 27, February 3 and 10, 1977. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approvd March 11, 1977. CRAWFORD COUNTY SUPERIOR COURT CLERK'S COMPENSATION CHANGED. No. 218 (House Bill No. 843). An Act to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, approved March 15, 1963 (Ga. L. 1963, p. 2223), as amended, so as to change the provisions relative to the compensation of said clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, approved

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March 15, 1963 (Ga. L. 1963, p. 2223), as amended, is hereby amended by striking subsection (a) of section 1 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Clerk of the Superior Court of Crawford County shall receive an annual salary of not less than $12,500.00 or such additional compensation as may be determined by the governing authority of Crawford County. In addition to such annual salary, the clerk of the superior court in office on April 1, 1977, shall also receive an additional $50.00 for each year of service, or portion of year of service if more than six months, completed as of April 1, 1977. The said clerk of the superior court shall receive such additional compensation based on years of service as long as he remains in office but shall not receive credit for any years completed after April 1, 1977. The clerk of the superior court shall also receive an annual cost-of-living increase of $300.00 beginning April 1, 1977, and continuing thereafter. Any newly elected clerk shall receive an annual salary of not less than $12,500.00 or such additional compensation as may be determined by the governing authority of the county. After the newly elected clerk has served one year in office, he shall be entitled to the annual $300.00 cost-of-living increase. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. There will be introduced at the regular 1977 session of the Georgia General Assembly a bill to be entitled An Act to Amend An Act placing the clerk of the Superior Court of Crawford County upon an annual salary approved March 15, 1963 (Ga. L. 1963, p. 2223) as amended, so as to change the

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provisions relative to the compensation of said clerk; and for other purposes. 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 the Georgia Post which is the official organ of Crawford County, on the following dates: January 27, February 3 and 10, 1977. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977. CRAWFORD COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 219 (House Bill No. 844). An Act to amend an Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, approved March 24, 1970 (Ga. L. 1970, p. 3390), as amended, so as to change the compensation provisions relating to the tax commissioner; 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: Section 1. An Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, approved March 24, 1970 (Ga. L. 1970, p. 3390), 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 Tax Commissioner of Crawford County shall receive an annual salary of not less than $12,500.00 or such additional compensation as may be determined by the governing authority of Crawford County. In addition to such annual salary, the tax commissioner in office on April 1, 1977, shall also receive an additional $50.00 for each year of service, or portion of year of service if more than six months, completed as of April 1, 1977. The said tax commissioner shall receive such additional compensation based on years of service as long as he remains in office but shall not receive credit for any years completed after April 1, 1977. The tax commissioner shall also receive an annual cost-of-living increase of $300.00 beginning April 1, 1977, and continuing thereafter. Any newly elected tax commissioner shall receive an annual salary of not less than $12,500.00 or such additional compensation as may be determined by the governing authority of the county. After the newly elected tax commissioner has served one year in office, he shall be entitled to the annual $300.00 cost-of-living increase. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. There will be introduced at the regular 1977 session of the Georgia General Assembly a bill to be entitled An Act to Amend an Act abolishing the fee system of compensation of

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the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, approved March 24, 1970 (Ga. L. 1970, p. 3390), as amended, so as to change the compensation provision relating to the Tax Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 the Georgia Post which is the official organ of Crawford County, on the following dates: January 27, February 3 and 10, 1977. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 11, 1977. TOWN OF PARROTTELECTION DATE CHANGED. No. 220 (House Bill No. 847). An Act to amend an Act incorporating the Town of Parrott in Terrell County, approved September 26, 1889 (Ga. L. 1888-89, Vol. II, p. 834), as amended by an Act approved

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July 30, 1903 (Ga. L. 1903, p. 654) and an Act approved August 9, 1911 (Ga. L. 1911, p. 1501), so as to change the date of elections in said Town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Parrott in Terrell County, approved September 26, 1889 (Ga. L. 1888-89, Vol. II, p. 834), as amended by an Act approved July 30, 1903 (Ga. L. 1903, p. 654) and an Act approved August 9, 1911 (Ga. L. 1911, p. 1501), is hereby amended by striking section V in its entirety and inserting in lieu thereof a new section V, to read as follows: Section V. On the first Tuesday in December, 1977, and biennially thereafter, an election shall be conducted in said Town for mayor and councilmen whose terms of office shall be two years and until their successors are elected and qualified. The certificate of the managers shall be sufficient authority for the persons elected to enter on the discharge of the duties of the offices to which they have been elected. 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 January 1977 Session of the General Assembly of Georgia an Act to amend an Act incorporating the Town of Parrott in Terrell County, Georgia, so as to change the date of elections in said town for the mayor and council, to prescribe the Mayor and Councilmen's term of office, to repeal conflicting laws, and for other purposes. Bob Hanner, Representative, District 130 Georgia House of Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County, on the following dates: January 20, 27, and February 3, 1977. /s/ Bob Hanner Representative, 130th District Sworn to and subscribed before me this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. CANDLER COUNTY SMALL CLAIMS COURT CREATED. No. 221 (House Bill No. 853). An Act to create and establish a Small Claims Court in and for Candler 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

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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 centempt 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 Candler County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Candler County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. 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 Candler 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,

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shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. 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. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. 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. (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

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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 attch 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. (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. 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

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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. (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. (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.

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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. 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 judge of the Superior Court of Candler 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. 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

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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. 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. 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: Small Claims Court of Candler County

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Section 18. On or before the effective date of this Act the Governor shall appoint a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed 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. 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. 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

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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, 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

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county treasury or depository to be used for county purposes. 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. 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. Section 25. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislative will be introduced in the 1977 regular session of the General Assembly in Georgia to establish a Small Claims Court for Candler County. A. D. Clifton, Representative District 107 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the

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107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 6, 13, 20, 1977. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me this 11th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. CITY OF METTER CHARTER AMENDEDELECTION DATE AND TERMS OF OFFICE CHANGED, ETC. No. 222 (House Bill No. 854). An Act to amend an Act creating a new charter for the City of Metter, approved August 16, 1920 (Ga. L. 1920, p. 1278), as amended, particularly by an Act approved February 2, 1945 (Ga. L. 1945, p. 538), so as to change the time for holding municipal elections; to change the terms of office of the Mayor and Councilmen; to extend the terms of office of the Mayor, the Councilman from the third ward and the Councilman from the fourth ward who are in office on January 1, 1978; to provide for initial and regular terms of office; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Metter, approved August 16, 1920 (Ga. L. 1920, p. 1278),

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as amended, particularly by an Act approved February 2, 1945 (Ga. L. 1945, p. 538), 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. Municipal elections for the City of Metter shall be held on the second Tuesday in December in each odd-numbered year. At the municipal election in 1977, there shall be elected a Councilman from the first ward, a Councilman from the second ward, and a Councilman from the city at large. The Councilmen so elected shall take office on the first day of January, 1978, for a term of office of four years each and until their respective successors are duly elected and qualified. The terms of office of the Mayor and the Councilmen from the third and fourth wards who are in office on January 1, 1978, and whose terms of office would otherwise end on January 1, 1979, are hereby extended to January 1, 1980. At the municipal election in 1979, there shall be elected a Mayor, a Councilman from the third ward, and a Councilman from the fourth ward. The Mayor and Councilmen so elected shall take office on the first day of January, 1980, for a term of office of four years each and until their respective successors are duly elected and qualified. Following the initial terms of office provided herein, successors to the Mayor and Councilmen shall be elected in the municipal election immediately preceding the expiration of a term of office, and the persons so elected shall take office on the first day of January following the election for terms of office of four years each and until their respective successors are duly elected and qualified. Elections. On the first day of January immediately following the municipal election, or as soon thereafter as practicable, the Mayor and Council-elect shall meet at the usual place for holding Council meetings in said City of Metter, or at any other place named by them, and shall there severally take before some officer authorized to administer oaths by law, the following oath of office, to wit: `I do solemnly swear that I will well and truly demean myself as Mayor (or as Councilman, as the case may be) of the City of Metter for the ensuing term, and that I will faithfully enforce the charter and ordinances of said City of Metter to the best of

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my ability, without fear or favor, and will in all my actions as Mayor (or Councilman) act as I believe for the best interest of said city, so help me God.' Should the Mayor or any Councilman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. The Mayor and Council may provide by ordinance for regular meetings, not fewer than one in each month, and shall hold such special meetings as the business of said city may require, to be convened as provided by ordinance. Section 2. Said Act is further amended by striking section 4 of said amendatory Act, approved February 2, 1945 (Ga. L. 1945, p. 538), which read as follows: Section 4. Be it further enacted by the authority aforesaid, that in the election to be held on the second Tuesday in December, 1945, a Councilman shall be elected from each of the first and second wards and one Councilman from the City at large, each of whom shall serve for a term of two years; and in the election to be held on the second Tuesday in December, 1946, a Mayor shall be elected and a Councilman from each of the third and fourth wards. Thereafter elections shall be held annually, and all terms shall be for two years., in its entirety. Section 3. Not less than 10 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Metter to issue the call for an election for the purpose of submitting this Act to the electors of the City of Metter for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Candler County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act increasing the terms of office of the Mayor and Councilmen of the

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City of Metter from two years to four years and providing that municipal elections will be held in each odd-numbered year 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 on January 1, 1978, except that the provisions necessary to conduct the municipal election in 1977 shall become effective immediately upon approval of the Act in such election, otherwise it shall be void and of no force and efefct. The expense of such election shall be borne by the City of Metter. 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. Notice is hereby given that legislation will be introduced during the 1977 session of the General Assembly of Georgia, amending the charter of the City of Metter, so as to provide for four (4) year terms for the Mayor and Councilman of said City. Jann Henry, Clerk of the City of Metter, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Metter Advertiser which is the official organ of Candler County, on the following dates: January 13, 20 and 27, 1977. /s/ A. D. Clifton Representative, 107th District /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. CITY OF FITZGERALDSCHOOL TAX CHANGED, ETC. No. 223 (House Bill No. 855). An Act to amend an Act entitled An Act to amend an Act to incorporate the City of Fitzgerald and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes., approved August 17, 1914 (Ga. L. 1914, p. 781), as amended, particularly by an Act approved February 17, 1949 (Ga. L. 1949, p. 649), so as to change the provision relative to the maximum rate of taxation for the operation of the public schools; to require the payment of certain costs incurred for certain children enrolled in the city schools of Fitzgerald; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act entitled An Act to amend an Act to incorporate the City of Fitzgerald and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes., approved August 17, 1914 (Ga. L. 1914, p. 781), as amended, particularly by an Act approved February 17, 1949 (Ga. L.

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1949, p. 649), is hereby amended by striking in section 97, the following: Be it further enacted by the authority aforesaid, That it shall be the duty of said board of education to make an estimate of the amount of funds necessary to carry on the public schools for each ensuing year, and report the same to the mayor and council at least ten days prior to the time of making the annual city tax levy. It is hereby made the duty of the mayor and city council of the City of Fitzgerald to levy and collect as a tax the amount so reported to them by the said board, and to turn the proceeds thereof over to the treasurer of the said board; provided, however, that the amount so reported and collected shall not exceed ten (10) mills on the taxable value of the property of Fitzgerald, according to the city assessment., and substituting in lieu thereof, the following: It shall be the duty of said board of education to make an estimate of the amount of funds necessary to carry on the public schools for each ensuing year, and report the same to the mayor and council at least ten days prior to the time of making the annual city tax levy. It is hereby made the duty of the mayor and city council of the City of Fitzgerald to levy and collect as a tax the amount so reported to them by the said board, and to turn the proceeds thereof over to the treasurer of the said board; provided, however, that the amount so reported and collected shall not exceed twenty (20) mills on the taxable value of the property of Fitzgerald, according to the city assessment, and provided further that no child living in Ben Hill County outside of the corporate limits of the City of Fitzgerald shall be permitted to enroll in the city school system unless a payment is made by either the parents or guardians of the child or the Ben Hill County Board of Education or a combination of said sources to the Board of Education of the City of Fitzgerald for the local support cost of said children ascertained by the Board of Education of the City of Fitzgerald ascertaining the per pupil cost of students in grades K through 7 and in grades 8 through 12 in the city school system for the previous year and this cost shall be

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calculated on a per pupil basis in each of said two categories for the total number of county students attending the city schools. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. In conformity and compliance of provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia, and which is codified as section 2-1915 of the Code of Georgia Annotated, notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session convening in January, 1977, two local or special bills effecting the City of Fitzgerald the title or caption each of which reads as follows: An act to amend an act amending and revising the charter for the City of Fitzgerald and Entitled, `An Act to amend an act to incorporate the City of Fitzgerald and establishing a new charter therefor, approved August 22, 1907, and the several acts amendatory thereof,' and for other purposes. This 28th day of December, 1976. Gerald H. Thompson Mayor, City of Fitzgerald Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fitzgerald Herald and Leader which is the official organ

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of Ben Hill County, on the following dates: December 30, 1976 and January 6, 13, 1977. /s/ Ted Hudson Representative, 137th District /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. BULLOCH COUNTY BOARD OF COMMISSIONERSCLERICAL ASSISTANTS' COMPENSATION CHANGED. No. 224 (House Bill No. 856). 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 March 31, 1976 (Ga. L. 1976, p. 3757), so as to change the provisions relative to the compensation of 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 March 31, 1976 (Ga. L. 1976, p. 3757), is hereby amended by striking subsection (b) of section 2 in its entirety and substituting in lieu thereof a new subsection (b), to read as follows: (b) The chairman and clerk of said board is hereby authorized to employ an assistant clerk, who may be compensated in an amount not to exceed $8,400.00 per annum, and

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an additional clerical assistant, who may be compensated in an amount not to exceed $6,600.00 per annum. The compensation of such personnel shall 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. 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 1977 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 1st Clerical Assistant in the Office of Board of Commissioners; and Sheriff and two (2) Sheriff's Deputies for Bulloch County, Georgia. It is contemplated that the changes in compensation will be an increase for those concerned. This January 19, 1977. 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, W. Jones Lane who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of Notice of

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Intention to Introduce Local Legislation was published in the Southern Beacon which is the official organ of Bulloch County, on the following dates: January 22, 29 and February 5, 1977. /s/ W. Jones Lane Representative, 81st District /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. SCREVEN COUNTY STATE COURTJUDGE'S AND SOLICITOR'S COMPENSATION CHANGED. No. 225 (House Bill No. 857). An Act to amend an Act creating the State Court of Screven County, approved December 15, 1902 (Ga. L. 1902, p. 162), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3177), so as to change the provisions relative to the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Screven County, approved December 15, 1902 (Ga. L. 1902, p. 162), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3177), is hereby amended by striking from section 6A the figure, $4,800 and the figure, $4,000 and inserting in lieu thereof the figure, $6,000.00 and the figure, $5,000.00, respectively, so that when so amended section 6A shall read as follows: Section 6A. Notwithstanding any other provisions of law to the contrary, the judge of said court shall receive an

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annual salary of $6,000.00 and the solicitor of said court shall receive an annual salary of $5,000.00 Said salaries shall be paid in equal monthly installments from the funds of Screven 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. Section 3 . All laws and parts of laws in conflict 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, 1977, session of the General Assembly of Georgia, a bill to change the compensation for the Judge and Solicitor of the State Court of Screven County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. This 6th day of January, 1977. /s/ W. Jones Lane /s/ Paul E. Nessmith, Sr. Representatives, 81st and 82nd Districts /s/ Joseph E. Kennedy Senator 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he is Representative from the 81st District and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Screven County News which is the official organ of

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Screven County, on the following dates: January 13, 20 and 27, 1977. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 15 day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. TATTNALL COUNTYSUPERIOR COURT CLERK'S COMPENSATION CHANGED. No. 227 (House Bill No. 861). An Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2723), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2964), so as to change the compensation of said Clerk; to provide an effective date; to repeal conflicing laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2723), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2964), is

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hereby amended by striking in its entirety section 2, which reads as follows: Section 2. The clerk shall receive an annual salary of $11,000.00, payable in equal monthly installments from the funds of Tattnall County; provided, however, that said salary may be increased ten percent by the governing authority of Tattnall County, said increase to be effective April 1, 1974. The salary prescribed herein for said officer shall include his compensation for his service as ex officio Clerk of the State Court of Tattnall County (formerly City Court of Reidsville), and said salary shall be his sole compensation for his services as Clerk of the Superior Court of Tattnall County and Clerk of the State Court of Tattnall County., and inserting in lieu thereof a new section 2, to read as follows: Section 2. The clerk shall receive an annual salary of not less than $12,000.00, payable in equal monthly installments from the funds of Tattnall County. The salary prescribed herein for said officer shall include his compensation for his services as ex officio Clerk of the State Court of Tattnall County (formerly City Court of Reidsville), and said salary shall be his sole compensation for his services as Clerk of the Superior Court of Tattnall County and Clerk of the State Court of Tattnall County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be local legislation introduced in the 1977 session of the Georgia General Assembly that the salary of the Clerk of Courts of Tattnall County shall not be less than $12,000 annually. This is to

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comply with the unaimous resolution of the Tattnall County Commissioners. Dewey Rush of the 121st Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 20, 27 and February 3, 1977. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. TATTNALL COUNTY SHERIFF'S COMPENSATION CHANGED. No. 228 (House Bill No. 862). An Act to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2155), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2962), so as to change the compensation of the sheriff; to provide an

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effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2155), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2962), is hereby amended by striking in its entirety section 2, which reads as follows: Section 2. The sheriff shall receive an annual salary of $11,000.00, payable in equal monthly installments from the funds of Tattnall County; provided, however, effective April 1, 1974, said salary shall be increased by ten percent. The salary prescribed herein for said officer shall include his compensation for his services as ex officio Sheriff of the City Court of Reidsville., and inserting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff shall receive an annual salary of not less than $13,000.00, payable in equal monthly installments from the funds of Tattnall County. The salary prescribed herein for said officer shall include his compensation for his services as ex officio Sheriff of the City Court of Reidsville. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be local legislation introduced in the 1977 session of the Georgia General Assembly

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that the salary of the Sheriff of Tattnall County shall not be less than $13,000 annually. This is to comply with the unanimous resolution of the Tattnall County Commissioners. Dewey Rush of the 121st Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 20, 27 and February 3, 1977. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. DOUGHERTY COUNTYSALARY SUPPLEMENT FOR CERTAIN OFFICIALS AUTHORIZED. No. 229 (House Bill No. 864). An Act to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. L. 1969, p. 2293), an Act approved January 29, 1974 (Ga. L. 1974, p. 2019), and an Act approved January 31, 1974 (Ga.

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L. 1974, p. 2021), so as to authorize the governing authority of Dougherty County to provide for a supplement to the salary of the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Dougherty County; to amend an Act creating the State Court of Dougherty County, approved December 16, 1897 (Ga. L 1897, p. 408), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3777), so as to authorize the governing authority of Dougherty County to provide for a supplement to the salary of the judge of the court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. L. 1969, p. 2293), an Act approved January 29, 1974 (Ga. L. 1974, p. 2019), and an Act approved January 31, 1974 (Ga. L. 1974, p. 2021), is hereby amended by adding a new section after section 2 thereof, to be designated section 2A, to read as follows: Section 2A. The governing authority of Dougherty County is authorized to provide from county funds a supplement to the compensation of the Sheriff, Judge of the Probate Court, and Clerk of the Superior Court of Dougherty County, or any one or more of such officers. The amount of such supplement shall be fixed by the governing authority of Dougherty County but shall not exceed $5,000.00 per annum. Within the limitations provided in this section, it shall be within the sole discretion of the governing authority of Dougherty County to establish the amount of such supplement and, from time to time, to increase or decrease said supplement in such manner as the governing authority of Dougherty County shall provide. Section 2. An Act creating the State Court of Dougherty County, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3777), is hereby amended by adding a new

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section after section 10 thereof, to be designated section 10A, to read as follows: Section 10A. The governing authority of Dougherty County is authorized to provide from county funds a supplement to the compensation of the Judge of the State Court of Dougherty County. The amount of such supplement shall be fixed by the governing authority of Dougherty County but shall not exceed $5,000.00 per annum. Within the limitations provided in this section, it shall be within the sole discretion of the governing authority of Dougherty County to establish the amount of such supplement and, from time to time, to increase or decrease said supplement in such manner as the governing authority of Dougherty County shall provide. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. L. 1969, p. 2293), and an Act approved January 31, 1974 (Ga. L. 1974, p. 2021), p. so as to change the compensation of the Clerk of the Superior Court of Dougherty County; to provide an effective date; and for other purposes. This 18th day of January, 1977. /s/ R.S. Hutchinson Representative, 133rd District
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/s/ Charles Hatcher Representative, 131st District /s/ T. Hayward McCollum Representative, 134th District /s/ John White Representative, 132nd 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 21, 28 and February 4, 1977. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. BULLOCH COUNTYSHERIFF'S AND DEPUTIES' COMPENSATION CHANGED. No. 230 (House Bill No. 865). An Act to amend 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

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approved March 31, 1976 (Ga. L. 1976, p. 3767), so as to change the provisions relative to 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 March 31, 1976 (Ga. L. 1976, p. 3767), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the Sheriff of Bulloch County shall be $15,990.00 per annum payable in equal monthly installments from the funds of Bulloch County. The annual salary of the Sheriff shall be increased by 2-1/2 percent on January 1, 1978, and shall be increased by the same percentage on January 1, 1979, and on January 1, 1980. Section 2. Said Act is further amended by striking subsection (a) of section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Sheriff of Bulloch County shall be authorized to employ one chief deputy who shall be compensated in the amount of $9,840.00 per annum and one junior deputy who shall be compensated in the amount of $8,610.00 per annum. The annual salary of each such deputy shall be increased 2-1/2 percent on January 1, 1978, and shall be increased by the same percentage on January 1, 1979, and on January 1, 1980. The salary of each such deputy shall be paid in equal monthly installments from the funds of Bulloch County. Said deputies shall be of the male sex and shall be capable arresting officers. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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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 1977 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 1st Clerical Assistant in the Office of Board of Commissioners; and Sheriff and two (2) Sheriff's Deputies for Bulloch County, Georgia. It is contemplated that the changes in compensation will be an increase for those concerned. This January 19, 1977. 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, W. Jones Lane who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southern Beacon which is the official organ of Bulloch

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County, on the following dates: January 22, 29 and February 5, 1977. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 11, 1977. LAWRENCEVILLENEW CHARTER. No. 383 (Senate Bill No. 68). An Act to create a new charter for the City of Lawrenceville; to provide for a mayor and council; to provide for their election, powers, duties and responsibilities; to provide for the administration of the affairs of said city; to provide the procedures connected with and necessary to all of the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION, POWERS INCORPORATION Section 1.10. Name. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style of Lawrenceville, Georgia, and by that name shall have perpetual succession.

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BOUNDARIES Section 1.11. Corporate Boundaries. (a) The boundaries of this city 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 general State law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of city clerk and to be designated, as the case may be: Official Map (or Description) of the Corporate Limits of the City of Lawrenceville, Georgia. Alteration 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 city clerk. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as 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 by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. MUNICIPAL POWERS Section 1.12. Powers and Construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as

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provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE LEGISLATIVE BRANCH Section 2.10. City Council Creation; Composition; Number; Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. Council Terms and Qualification of Office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city immediately prior to the date of the election of mayor or members of the council; each shall continue to reside there during his period of service and shall be registered and qualified to vote in municipal elections of this city. Section 2.12. Vacancy; Filling of Vacancies. (a) VacanciesThe office of mayor or council member 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 general laws of the State of Georgia. (b) Filling of VacancyA vacancy in the office of mayor or council member 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 council members shall receive compensation for their services in an amount set by ordinance.

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Section 2.14. Prohibitions. (a) Holding Other OfficeExcept as authorized by general State law, the mayor or any council member shall not hold any other 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. Except as otherwise provided by this charter, the council shall be vested with all the powers of government of this city as provided by Article I. Section 2.17. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the council may be held on call of the mayor and one member of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.

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(c) All meetings of the council shall be public to the extent required by general State law, and notice to the public of special meetings shall be made fully as is reasonably possible 48 hours prior to such meetings. Section 2.18. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping the minutes of its proceedings, which shall be a public record. Section 2.19. Quorum; Voting. Three council members 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 council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.20 Ordinance Forms; Procedure. (a) Every proposed ordinance 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 Mayor and Council of the City of Lawrenceville hereby ordains... and every ordinance shall so begin. (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, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.21. Upon introduction of any ordinance, the clerk shall, as soon as reasonable, distribute a copy to the mayor and to each council member 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 2.21. Action Requiring an Ordinance. In addition

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to other acts required by general State law or by specific provisions of this charter to be done by ordinances, acts of the council which have the forced and effect of law shall be done by the ordinance. Section 2.22. Emergencies. To meet a public emergency affecting life, health, property or public peace, the council may convene on call of the mayor or one council member and promptly adopt an emergency ordinance, but such ordinance 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 for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form 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 council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.23. 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. Section 2.24. Codification of Ordinances. All ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as The Code of the City of Lawrenceville, Georgia,

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1977. All ordinances contained therein shall be deemed to have been duly passed by the mayor and council and duly signed, authenticated and recorded by the city clerk. Section 2.25. Election of Mayor; Forfeiture. The mayor shall be elected and serve for the term of two years and until his successor is elected and qualified. He shall be a qualified elector of this city and shall have been a resident of this city immediately preceding his election. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for council members. Section 2.26. Mayor Pro Tem. The council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the council of the mayor's disability or absence. Section 2.27. Powers and Duties of Mayor. As the chief executive of this city, the mayor shall: (a) see that all laws and ordinances of the city are faithfully executed; (b) appoint and remove all officers, department heads, and employees of the city upon the advice and consent of the city council; (c) 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; (d) call special meetings of the council; (e) perform other duties as may be required by general State law, charter or ordinance.

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ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Boards, Commissions and Authorities. (a) The mayor and council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial and quasi-legislative function the mayor and council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by the charter or general State law. (c) No member of any board, commission or authority shall hold any elective office in the city. (d) Any vacancy on 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 the charter or general State law. ARTICLE IV JUDICIAL BRANCH MUNICIPAL COURT Section 4.10. Creation; Name. There shall be a court to be known as the recorder's court of the City of Lawrenceville. Section 4.11. Judge. No person shall be qualified or eligible to serve as a judge on the recorder's court unless he is a resident of Gwinnett County, is a member of the State Bar of Georgia, and has been actively engaged in the practice

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of law for at least three years. The judge shall be appointed by the city council. Section 4.12. Convening. The recorder's court shall be convened at regular intervals determined by the judge. Section 4.13. Jurisdiction; Powers. (a) The recorder's court shall try and punish violators of all city ordinances. (b) 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. (c) The recorder's court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (d) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by general State law. (e) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general State laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. 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 municipal court; provided, however, that the council may adopt, in part or in toto, the rules and regulations for procedure 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

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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 ELECTION AND REMOVAL ELECTIONS AND REMOVALS Section 5.10 Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.11. Regular Elections; Time for Holding. On the first Monday in November, 1977, and on that day annually, there shall be an election for the mayor and the city council. The terms of office shall begin at the time of taking the oath of office. Section 5.12. Special Elections; Vacancies. In case of a vacancy in the office of councilman, from failure to elect, death, removal, or any cause whatsoever, such vacancy shall be filled by appointment by the mayor and council. Such appointment shall be for the period remaining until the next city election at which time there will be an election to fill the unexpired term of said councilman. The appointee shall have the right to be a candidate for the unexpired term. In the case of a vacancy in the office of mayor, from failure to elect, death, removal, or any cause whatsoever, such vacancy shall be filled by a special election ordered by the city council to take place not more than 60 days from the time such vacancy occurs, under the same rules and regulations that govern other elections in the city. Such election shall be for the unexpired term of the mayor. The city clerk shall cause notice of the holding of such election, including time and purpose thereof, to be published once a week for two weeks prior to such election in a newspaper of general circulation in the county.

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Section 5.13. Other Provisions. Except as otherwise provided by this charter, the council shall, by ordinance, prescribe such rules and regulations as its deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.14. Nonpartisan Elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 5.15. Election by Majority. The person receiving a majority of the votes cast for any city office shall be elected. Section 5.16. Grounds or Removal. The mayor, council members, or others provided for in this charter shall be removed from office or 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) knowingly violate 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 5.17. Procedure for Removal. The mayor and council shall adopt an ordinance establishing a procedure for removal and such ordinance shall afford the offender reasonable notice and due process of law.

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ARTICLE VI FINANCE Section 6.10. Property Tax. The council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the council in its discretion. This city is hereby exempted from the provisions of Georgia Code sections 92-4101, inclusive. Section 6.11. Millage Rate, Due Rates, Payment Methods. The council, by ordinance, shall establish a millage rate for the city property tax a due date and in what length of time these taxes must be paid. The council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation and Business Taxes. The council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes. Section 6.13. License, Permits, Fees. The council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and

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pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in section 6.17. The council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Service Charges. The council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in section 6.17. Section 6.15. Special Assessments. The council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in section 6.17. Section 6.16. Construction, Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.17. Collection of Delinquent Taxes and Fees. The council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under sections 6.10 through 6.17 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due late penalties or interest issuance and execution of fi. fas.; creations and priority of liens; making delinquent

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taxes and fees personal debts of the persons required to pay the taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.18. 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 6.19. Revenue Bonds. Revenue bonds may be issued by the council as State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.20. Short-term Notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.21. Contracting Procedures. No contract with the city shall be binding on the city unless: (1) it is in writing; (2) it is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) it is made or authorized by the council and such approval is entered in the council journal of minutes required under section 2.20. Section 6.22. Sale of City Property. (a) The council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general State law as now or later amended in section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p. 350).

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(b) 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. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city of 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. Eminent Domain. The council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and, for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future.

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Section 7.11. Franchises. The council shall have the power to grant franchises for the use of this city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of five years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises. Section 7.12. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect. Section 7.13. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such city agencies, personnel or office as may be provided by the council. Section 7.14. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word council shall mean the city council of this city. (d) The singular shall include the plural and the masculine the feminine and vice versa.

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Section 7.15. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7.16. Special Repealer. An Act incorporating the City of Lawrenceville in the County of Gwinnett, approved August 19, 1912 (Ga. L. 1912, p. 1043), and amended in 1913, 1916, 1919, 1933, 1937, 1953, 1955, 1956, 1957, 1958, 1959, 1960, 1962, 1965, 1966, 1968, 1969, 1970 and 1972, is hereby repealed in its entirety and any other amendatory acts not aforementioned are likewise repealed in their entirety. Section 7.17. The mayor and council members serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected as herein provided. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective term of office. Section 7.18. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given to the public that the City of Lawrencville intends to introduce in the 1977 session of the Georgia General Assembly local legislation affecting the Charter of the City of Lawrenceville. The purpose of the legislation is to update and recodify the present Charter to include the deletion and addition of certain provisions.

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Anyone desiring to see a copy of the new Charter which will be introduced may obtain a copy from Hill Jordan, City Attorney, 179 Crogan Street Lawrenceville. This notice is given for the purpose of complying with the requirement that a notice of intent to introduce local legislation be published three weeks prior to the legislative session in the local legal organ as per Georgia Code Annotated 2-1915. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Reynolds who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: December 8, 15 22, 1976. /s/ Steve Reynolds Senator, 48th District Sworn to and subscribed before me, this 11th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. STATE COURT OF FULTON COUNTYSOLICITOR GENERALPERSONNEL CHANGED, ETC. No. 384 (Senate Bill No. 111). An Act to abolish the position of Special Assistant to the Solicitor General of the Criminal Court of Fulton County, now the State Court of Fulton County; to provide that the number of Assistant Solicitors of the Criminal Court of

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Fulton County, now the State Court of Fulton County, be increased to a total of nine; to fix the annual compensation of the First Assistant Solicitor and the nine Assistant Solicitors of the Criminal Court of Fulton County, now the State Court of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provisions to the contrary in previous laws, the position of Special Assistant to the Solicitor General of the Criminal Court of Fulton County, now the State Court of Fulton County, created by Georgia Acts 1967, Val. II, p. 2262, is hereby abolished. Section 2. Notwithstanding any other provisions of law to the contrary in previous laws, the number of Assistant Solicitors of the Criminal Court of Fulton County, now the State Court of Fulton County, shall be increased from six Assistant Solicitors to nine Assistant Solicitors on a fulltime basis, who shall serve at the pleasure of the Solicitor General of said Court. Section 3. Notwithstanding any other provisions of law to the contrary in previous laws, the annual compensation of the First Assistant Solicitor of the Criminal Court of Fulton County, now the State Court of Fulton County, shall be $29,000.00. Section 4. Notwithstanding any other provisions of law to the contrary in previous laws, the annual compensation of the nine Assistant Solicitors of the Criminal Court of Fulton County, now the State Court of Fulton County, shall be not less than $14,000.00 and not more than $27,000.00, the amounts of such compensation between such limitations to be fixed by the Solicitor General of the Criminal Court of Fulton County, now the State Court of Fulton County. Section 5. The compensation provided for in sections 3 and 4 herein for the First Assistant Solicitor and the nine Assistant Solicitors shall be paid from the funds of Fulton

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County in monthly installments or at other times as the fiscal authorities of Fulton County shall direct. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977, session of the General Assembly of Georgia, a bill to provide that the position of Special Assistant to the Solicitor General of the Criminal Court of Fulton County, to become the State Court of Fulton County on January 1, 1977, be abolished; to also provide that the number of Assistant Solicitors in said Court be increased to a total of nine; to fix the annual compensation of the First Assistant Solicitor and the nine Assistant Solicitors of said court; and for other purposes. This the 14th day of December, 1976. Hinson McAuliffe Solicitor General Criminal Court of Fulton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack L. Stephens who, on oath, deposes and says that he is Senator from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton

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County, on the following dates: December 21, 28, 1976 and January 4, 1977. /s/ Jack L. Stephens Senator, 36th District Sworn to and subscribed before me, this 14th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. FULTON COUNTY BOARD OF EDUCATIONEMPLOYEE'S PENSIONSMILITARY SERVICE CREDIT EXPANDED. No. 385 (Senate Bill No. 120). 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 amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3813), an Act approved February 17, 1973 (Ga. L. 1973, p. 2730), and an Act approved March 24, 1976 (Ga. L. 1976, p. 3051), so as to change the provisions relative to the claiming of credit for military service by deleting therefrom the restriction on such credit to an initial enlistment or draft period of service; 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 the

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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, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3813), an Act approved April 17, 1973 (Ga. L. 1973, p. 2730), and an Act approved March 24, 1976 (Ga. L. 1976, p. 3051), is further amended by striking from the first unnumbered paragraph appearing in quotation marks in section 1 of the aforesaid amendatory Act of 1972, the words for his first enlistment or for his first draft period of service, and inserting in lieu thereof, the words, for such service, so that said first unnumbered paragraph appearing in quotation marks in section 1 of the aforesaid 1972 amended Act, shall read as follows: Notwithstanding any other provision of this Act, any employee who has served on active full-time duty in the Armed Forces of the United States during World War I, World War II, the Korean War, the Vietnam Conflict or any other period of national emergency, may receive credit towards retirement for such service upon the terms and conditions hereinafter set forth. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1977 session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County for pensions and retirement pay to teachers and employees of the Board of Education of Fulton County... and for other purposes (Ga. L. 1945, p. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Lula B. Carson Executive Secretary

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Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who being first duly sworn, according to law, says that she is the Secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 21, 28 days of December, 1976, and on the 4th day of January, 1977. As provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 5th day of January, 1977. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large, My Commission Expires Nov. 16, 1979. (Seal). Approved March 23, 1977. FULTON COUNTYJUDGES' AND SOLICITOR GENERALS' RETIREMENT FUNDWIDOWS' BENEFITS EXPANDED. No. 386 (Senate Bill No. 151). 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 February 8, 1955 (Ga. L. 1955, p. 2083) and an Act approved March 24, 1976 (Ga. L. 1976, p. 3047), so as to provide that the widow of any officer who died or who dies on or after December 1, 1974, who is otherwise ineligible for retirement benefits shall be eligible for retirement benefits upon attaining 62 years of age if the officer has elected to secure retirement benefits

Page 3187

for his widow; 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 February 8, 1955 (Ga. L. 1955, p. 2083) and an Act approved March 24, 1976 (Ga. L. 1976, p. 3047), is hereby amended by adding a new paragraph at the end of subsection (b) of section 6, to read as follows: Notwithstanding any other provisions of this Act to the contrary, the widow of any officer who died or who dies on or after December 1, 1974, who is otherwise ineligible for retirement benefits under the provisions of this Act shall be eligible for the retirement benefits provided herein upon attaining 62 years of age if the officer has elected to secure retirement benefits for his widow. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1977, 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); by an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), and by an Act approved March 24, 1976 (Ga. L. 1976, p. 3047), so as to provide for increased benefits for service by a member after becoming eligible for retirement; and for any other matters granted to said Act as amended. This 17th day of December, 1976. E. A. Wright Chairman, Board of Trustees Judges' and Solicitor Gen- erals' Retirement Fund of Fulton County.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Perry J. Hudson who, on oath, deposes and says that he is Senator from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 20, 27, 1976 and January 3, 1977. /s/ Perry J. Hudson Senator, 35th District Sworn to and subscribed before me, this 18th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. STATE COURT COBB COUNTYJURISDICTION, PROCEDURES, PERSONNEL CHANGED, ETC. No. 387 (Senate Bill No. 178). An Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p. 3313), an Act approved March 2, 1966 (Ga. L. 1966, p. 2904), an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), an Act approved March 28, 1969 (Ga. L. 1969, p. 2420), an Act approved April 1, 1969 (Ga. L. 1969, p. 2460), an Act approved April 25, 1969 (Ga. L. 1969, p. 3588), an Act approved April 1, 1971 (Ga. L. 1971, p. 2822), an Act approved April 5, 1971 (Ga. L. 1971, p.

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3148), an Act approved April 10, 1971 (Ga. L. 1971, p. 3502), an Act approved April 10, 1971 (Ga. L. 1971, p. 3605), an Act approved April 3, 1972 (Ga. L. 1972, p. 3597), an Act approved March 15, 1973 (Ga. L. 1973, p. 2124), an Act approved April 17, 1973 (Ga. L. 1973, p. 3176), an Act approved April 17, 1973 (Ga. L. 1973, p. 3637), an Act approved March 19, 1974 (Ga. L. 1974, p. 2212), an Act approved March 20, 1974 (Ga. L. 1974, p. 2226), an Act approved March 13, 1975 (Ga. L. 1975, p. 2730), an Act approved April 17, 1975 (Ga. L. 1975, p. 4455), an Act approved April 17, 1975 (Ga. L. 1975, p. 4498), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4501), so as to change the amount by which the jurisdiction of the Court is limited with respect to cases involving injury to the person; to provide for the creation of a dead docket for said Court; to provide certain duties of the solicitor of the Court; to change certain costs in said Court; to authorize the appointment of an additional assistant solicitor to provide for the determination of the compensation of the assistant solicitors of the Court; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p. 3313), an Act approved March 2, 1966 (Ga. L. 1966, p. 2904), an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), an Act approved March 28, 1969 (Ga. L. 1969, p. 2420), an Act approved April 1, 1969 (Ga. L. 1969, p. 2460), an Act approved April 25, 1969 (Ga. L. 1969, p. 3588), an Act approved April 1, 1971 (Ga. L. 1971, p. 2822), an Act approved April 5, 1971 (Ga. L. 1971, p. 3148), an Act approved April 10, 1971 (Ga. L. 1971, p. 3502), an Act approved April 10, 1971 (Ga. L. 1971, p. 3605), an Act approved April 3, 1972 (Ga. L. 1972, p. 3597), an Act approved March 15, 1973 (Ga. L. 1973, p. 2124), an Act approved April 17, 1973 (Ga. L. 1973, p. 3176), an Act approved April 17, 1973 (Ga. L. 1973, p. 3637), an Act approved March 19, 1974 (Ga. L. 1974, p.

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2212), an Act approved March 20, 1974 (Ga. L. 1974, p. 2226), an Act approved March 13, 1975 (Ga. L. 1975, p. 2730), an Act approved April 17, 1975 (Ga. L. 1975, p. 4455), an Act approved April 17, 1975 (Ga. L. 1975, p. 4498), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4501), is hereby amended by striking from section 2 thereof, the figure, $15,000.00, and substituting in lieu thereof, the figure, $25,000.00, so that when so amended section 2 shall read as follows: Section 2. The State Court of Cobb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout Cobb County. In addition thereto, said Court shall have jurisdiction to try and dispose of all civil and misdemeanor cases regardless of their nature, except cases of injury to the person in which the total amount sued for in the petition, including damages to property, shall exceed $25,000.00, and except in cases involving injury to the reputation, concurrent with the superior courts, including not only suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the common law or by statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Chapter 64-101, 64-201, and 64-301 of the Code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure in cases involving three hundred ($300.00) dollars principal or less shall be and remain the same as that now in force in the justice courts of Georgia, except as otherwise herein provided, and the practice and procedure in cases involving over three hundred ($300.00) dollars shall be and remain the same as that now in force in the superior courts of Georgia, except as otherwise herein provided.

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In addition to the above, said jurisdiction shall include, among others, attachment and garnishment proceedings, illegalities, counter-affidavit to any proceedings from said Court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens on real estate and personal property, possessory warrants and dispossessory warrants and other like proceedings and processes of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia. The judges of said Court shall also have power to administer oaths and take affidavits. Affidavits for attachment and garnishment proceedings may be made before any officer authorized by law to administer oaths, but all bonds in such proceedings shall be approved by the clerk of said Court. Section 2. Said Act is further amended by adding a new paragraph to section 3B thereof, to read as follows: Any provision of this section to the contrary notwithstanding, there is hereby created for the State Court of Cobb County a docket of criminal cases, to be known as the dead docket, to which cases shall be transferred at the discretion of the solicitor, and which shall only be called at his pleasure. When a case is thus transferred, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed., so that when so amended section 3B shall read as follows: Section 3B. The judges of the State Court of Cobb 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 a majority of the judges shall be controlling. The judges of the State Court of Cobb County shall have, and they are hereby clothed with, full powers, authority and discretion to determine, from time to time

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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. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said Court, and making appointments as authorized by law where the judges of said Court cannot agree, the opinion of the majority of such judges shall control. Any provision of this section to the contrary notwithstanding, there is hereby created for the State Court of Cobb County a docket of criminal cases, to be known as the dead docket, to which cases shall be transferred at the discretion of the solicitor, and which shall only be called at his pleasure. When a case is thus transferred, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed. Section 3. Said Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 1, 1969 (Ga. L. 1969, p. 2460), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3597), is further amended by striking section 20 in its entirety and inserting in lieu thereof a new section 20, to read as follows: Section 20. From and after May 1, 1977, each party filing a suit or proceeding of any character, except a garnishment proceeding, in the State Court of Cobb County shall deposit with the clerk of said Court, except as hereinafter provided, the total cost, which shall include judgment and fi. fa. for all suits and proceedings of any character, except

Page 3193

garnishment proceedings and proceedings against tenants holding over, irrespective of how they shall be terminated, which shall be $10.00 plus $4.00 for each defendant more than one, provided, however, where the principal amount involved is more than $300.00, the cost shall be $20.00 plus $6.00 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 $10.00 plus $4.00 for each summons more than one, provided, however, where the principal amount involved is more than $300.00 the cost shall be $20.00 plus $6.00 for each summons more than one. The total cost, except as hereinafter provided, for a proceeding against tenant holding over, irrespective of how it shall be terminated, shall be $15.00 plus $4.00 for each summons more than one. In addition to the foregoing costs, the clerk of said Court shall charge and collect costs as follows: For issuing scire facias each defendant including service $3.00 For each verdict rendered more than one and docketing same $2.00 For each judgment more than one and docketing same $3.00 For each motion for a new trial and docketing same $1.00 For affidavit to obtain alias fi. fa. $1.00 For taking and approving supersedeas bond $3.00 For answering each writ of certiorari $3.00 For filing and docketing each appeal to the appellate division, including filing all briefs $3.00 For each motion for judgment notwithstanding the verdict and docketing same $1.00 For entering judgment or remittiture from the Court of Appeals or the Supreme Court $3.00 For exemplification of records, per hundred words $.20 For affidavit where no cause is pending $1.00 For certificate and seal of court $1.50 For certified copy under Code section 38-627 $2.50 For filing and docketing each traverse of answer of garnishment including service $6.00

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Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing. MARSHAL For levying each fi. fa. where amount involved is $300.00 or less $3.00 For levying each fi. fa. where amount involved is over $300.00 $3.00 For each search and return of nulla bona $3.00 For advertising personal property for sale $5.00 For settling fi. fa. from another court $5.00 For marshal's bill of sale to personalty $6.00 Commission on personal property of the marshal's sale shall be 5% on the first $1,000.00 and 3% on all amounts in excess of $1,000.00; the marshal's fee shall be $10.00 for levy on real property; the marshal's fee for a marshal's deed shall be $10.00. Provided further, the clerk of said Court is hereby authorized to deduct from the total costs of each and every

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suit or proceeding filed in said Court and pay to the treasurer of the Cobb County Law Library the amount as by law provided to be withheld. In all cases requiring the transport and storage of personalty, the fee and costs therefor shall be such reasonable costs as shall be required of the officer to obtain such service. All costs not provided for herein shall be charged for and collected by said Court on the same basis as costs now fixed or which may hereafter be fixed by law for the Superior Court of Cobb County. The costs in criminal matters in said Court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Superior Court of Cobb County. Section 4. Said Act is further amended by adding at the end of the first sentence of subsection (d) of section 27 thereof, after the words, State Court of Cobb County, the following: , plus one additional assistant solicitor, and by striking the words, Board of Commissioners of Cobb County, and substituting in lieu thereof the word, solicitor, so that when so amended subsection (d) of section 27 shall read as follows: (d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of the State Court of Cobb County, plus one additional assistant solicitor. The solicitor and his staff shall perform

Page 3196

the same functions in relation to matters within the jurisdiction of the magistrates of the State Court of Cobb County as they perform in relation to matters within the jurisdiction of the judges of the State Court of Cobb County, and the solicitor shall have the authority to appoint an additional assistant solicitor to enable the solicitor and his staff to perform such functions. The compensation of such assistant solicitors shall be determined by the solicitor except that said compensation of such assistant solicitors shall be not less than $10,000.00 nor more than $18,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. The solicitor shall prescribe the duties and assignments of said assistant solicitors, and, while so employed, they shall not engage in the private practice of law. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. 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: December 24, 31, 1976 and January 7, 1977. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 11th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BALDWIN COUNTYMAGISTRATE'S COURT CREATED. No. 388 (Senate Bill No. 292). An Act to create a court to be known as the Magistrate's Court of Baldwin County; to define its jurisdiction and powers; to provide for the appointment, duties and compensation of the presiding officer, who shall be designated Magistrate; to provide for the appointment, duties and compensation of Deputy Magistrates and a Clerk; to provide for the keeping of dockets; to provide for the reporting of cases; to provide an oath for the Magistrate and Deputy Magistrates; to provide for other matters relative to the foregoing; to provide for severability; to

Page 3198

provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a court, which shall be known as the Magistrate's Court of Baldwin County, and which shall have the powers and duties hereinafter set out. Section 2. There shall be a presiding officer of such court who shall be known as the Magistrate. The Judge of the Small Claims Court of Baldwin County shall serve as the Magistrate. All matters regarding the qualifications, term and appointment of said Magistrate shall be the same as provided by law for said Judge of the Small Claims Court of Baldwin County provided, however, that the Magistrate may be removed by the joint action of the Judges of the Superior Courts of the Ocmulgee Judicial Circuit. Should a vacancy be caused by the death, resignation or removal of any Magistrate, such vacancy shall be filled by appointment by said Judges for the unexpired term. Any Magistrate appointed to fill such vacancy for the unexpired term shall have and exercise all the powers and duties of the office and shall receive the compensation of said office during his tenure. Section 3. The Magistrate may appoint not more than three Deputy Magistrates with the consent of the Judges of the Superior Courts of the Ocmulgee Judicial Circuit. The Deputy Magistrates shall serve at the pleasure of the Magistrate and under his supervision and direction. Section 4. The Magistrate of said Court may appoint a person to act as Clerk of said Court. Section 5. The Magistrate of Baldwin County, the Deputy Magistrates and the Clerk of said Court shall have criminal jurisdiction to issue warrants for the apprehension of any person charged on oath with the violation of any penal law in Baldwin County, returnable to any Court in Baldwin County, and are also empowered to issue search warrants and peace warrants. Section 6. The Magistrate of Baldwin County and the

Page 3199

Deputy Magistrates shall also have jurisdiction to hold courts of inquiry to examine into an accusation against a person arrested and brought before them, to accept and approve bonds pending commitment hearings and bonds pending indictment and trial, and to discharge any and all other functions which under the laws of this State are performable by a justice of the peace; provided, however, that said Magistrate's Court shall not receive, and shall not be entitled to receive, any fees now or hereafter provided for justices of the peace. The time of such inquiry shall be determined by the Magistrate and shall be held at the courthouse in Baldwin County, Georgia. Section 7. The Magistrate of said Court shall receive a salary of $8,400.00 per annum, payable in equal monthly installments out of the treasury of Baldwin County. Section 8. The compensation of the Deputy Magistrates and the Clerk, and all necessary expenses of the Magistrate Court of Baldwin County shall be paid by the Magistrate of said Court from his salary and not from the treasury of Baldwin County. Section 9. It shall be the duty of the Magistrate of said Court to insure that there is kept a public docket of all criminal warrants issued, hearings held and the amounts of bonds posted. Section 10. Before entering upon the discharge of the duties of their office, the Magistrate and the Deputy Magistrate shall take and subscribe before the Probate Judge of Baldwin County the following oath: I solemnly swear that I will administer justice as announced by the law and not of my personal determination, without respect to persons, and do equal right to all persons and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Magistrate or Deputy Magistrate of the Magistrate's Court of Baldwin County, according to the best of my ability and understanding and in accordance with the laws and Constitution of this State and the Constitution of the United States, so help me, God.

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Section 11. 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 12. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval; provided, however, that this Act shall not be implemented until approved by the Board of Commissioners of Baldwin County. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide for the establishment of a Magistrate's Court of Baldwin County; to define its jurisdiction and powers, and all matters relevant thereto; and for other purposes. This 24th day of January, 1977. Culver Kidd Senator, 25th District Wilbur E. Baugh Representative, 108th District Bobby E. Parham Representative, 109th District

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Georgia, Baldwin County. I, Clarence F. Sallee, do solemnly swear that I am the Editor and Publisher of The Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of notice of intention to introduce local legislation was inserted in space of legal advertisement as follows: January 27, February 3 10, 1977. /s/ Clarence F. Sallee Subscribed and sworn before me, this 10th day of February, 1977. /s/ Sybil H. Fowler Notary Public. (Seal). Approved March 23, 1977. MILLEDGEVILLECHARTER AMENDED. No. 389 (Senate Bill No. 294). 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, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), so as to change the provisions relating to the powers of the city council to override the mayor's veto 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, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), is hereby amended by adding after the words members of the city council in subsection (c) of section 21A the following:

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at the next regular meeting held by the council after such veto and at which a quorum is present, so that when so amended, subsection (c) shall read as follows: (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 at the next regular meeting held by the council after such veto and at which a quorum is present. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia a bill to 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 provide veto powers for the Mayor; and, to provide for the overriding of a veto by Council; and, to provide for time limits during which these powers may be exercised; and, for other purposes. This 24th day of January, 1977. Culver Kidd Senator, 25th District Georgia, Baldwin County. I, Clarence F. Sallee, do solemnly swear that I am the Editor and Publisher of The Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of notice of intention to introduce local legislation was inserted in space of legal

Page 3203

advertisement as follows: January 27, February 3, and 10, 1977. /s/ Clarence F. Sallee Subscribed and sworn before me, this 10th day of February, 1977. /s/ Sybil H. Fowler Notary Public. (Seal). Approved March 23, 1977. WILKINSON COUNTYSHERIFF GIVEN SOLE POWER TO APPOINT CERTAIN PERSONNEL. No. 390 (Senate Bill No. 302). An Act to amend an Act placing the Sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended, particularly by an Act approved February 27, 1975 (Ga. L. 1975, p. 2554), so as to change the provisions relating to deputy sheriffs, radio operators, jailers and secretaries, 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 Sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended, particularly by an Act approved February 27, 1975 (Ga. L. 1975, p. 2554), is hereby amended by striking section 4, which reads as follows: Section 4. The Sheriff of Wilkinson County shall have the sole power and authority to appoint the following deputies: One full-time deputy to be compensated in the amount of $6,600.00 per annum; one full-time deputy-radio operator-secretary to be compensated in the amount of $4,800.00 per

Page 3204

annum; one full-time deputy and jailer to be compensated in the amount of $5,200.00 per annum; and one part-time deputy to be compensated in the amount of $2,000.00 per annum. As of January 1, 1976, the sheriff shall have the authority to appoint an additional full-time deputy to be compensated in the amount of $6,600.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Wilkinson County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as such deputies and to prescribe their duties and assignments and to remove or replace such deputies at will and within his sole discretion., in its entirety, and inserting in lieu thereof a new section 4, to read as follows: Section 4. The Sheriff of Wilkinson County shall have the sole power and authority to appoint and employ such deputies, radio operators, jailers and secretaries as he shall deem necessary to carry out the duties of his office. Such deputies, radio operators, jailers and secretaries shall perform such duties and shall have such powers and authority as may be assigned or delegated to them by the sheriff and shall receive such compensation as may be fixed by the sheriff, but the total compensation for all such deputies, radio operators, jailers and secretaries shall not exceed $32,260 per annum. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as such deputies, radio operators, jailers and secretaries and to remove or replace them at will and within his sole discretion. Section 2. This Act shall become effective on January 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia,

Page 3205

a bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary, approved March 24, 1965, (Ga. L. 1965, p. 2551), as amended; and for other purposes. This 11th day of January, 1977. Culver Kidd Senator, 25th District Wilbur E. Baugh Representative, 108th District Georgia, Wilkinson County. This is to certify that the attached Legal Advertisement was published in the Wilkinson County News, the official organ of Wilkinson County, on January 20, 1977, January 27, 1977 and February 3, 1977. /s/ Hazel C. Connel, Gen. Mgr., Publisher /s/ Mary B. Myrick, N. P. Approved March 23, 1977. STATE COURT OF BRYAN COUNTYELIGIBILITY REQUIREMENTS OF JUDGE AND SOLICITOR CHANGED. No. 391 (Senate Bill No. 306). 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.

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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 for the office of said Judgeship unless he shall be at the time of his qualification at least 25 years of age, and a resident of Bryan County, Georgia, immediately preceding his appointment, or election, and must have been a practicing attorney-at-law for three years before his appointment, or election. Any judge must remain a citizen of Bryan County, Georgia, for and during the term of his office. He shall before entering the public 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 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 these laws and Constitution of this State and to the Constitution of the United States, so help me God.', which oath shall be filed with the Executive Department. Section 2. Said Act is further amended by striking section 3A in its entirety and inserting in lieu thereof a new 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, Georgia, unless he shall be a practicing attorney in and a resident of Bryan County, Georgia, and shall have been a practicing attorney-at-law for three years before his election or appointment. A solicitor must remain a citizen of Bryan County, Georgia, for and during the term of his office.

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Section 3. The provisions of section 3A shall not be applicable to the person holding the office of solicitor on the effective date 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 1977 session of the General Assembly of Georgia a bill to amend an Act to establish 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. This 4th day of January, 1977. 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 Pembroke Journal which is the official organ of Bryan County, on the following dates: January 13, 20 and 27, 1977. /s/ Mell Traylor Senator, 3rd District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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COBB COUNTY CIVIL SERVICE SYSTEM ACT AMENDED. No. 392 (Senate Bill No. 307). An Act to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended by an Act approved March 18, 1969 (Ga. L. 1969, p. 2228), so as to delegate certain authority for amending the Act to the governing authority of Cobb County; to change the compensation of the Cobb County Civil Service Board; to provide qualifications, terms, and compensation of the members of the Cobb County Civil Service Board; to provide for the holding of regular meetings; to require the determination of certain matters in the holding of hearings and rendering of decisions; to require certain actions; to provide for rules and regulations; to provide for study of proposed rules and regulations; to reserve certain fiscal matters to the county governing authority; to require resignation by certain persons under certain circumstances; to provide for exceptions to rules and regulations for certain purposes; 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 to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended by an Act approved March 18, 1969 (Ga. L. 1969, p. 2228), is hereby amended by adding a new subsection to section 2 thereof, to be designated subsection (c), to read as follows: (c) The governing authority of Cobb County is hereby expressly delegated the authority to amend this Act, pursuant to the authority for county home rule granted by Article IX, Section II, Paragraph I of the Constitution of 1976, concerning any and all personnel of any elected official

Page 3209

who have or hereinafter been placed under the provisions of this Act. The personnel who have or hereafter become subject to this Act shall be placed under the jurisdiction of the county governing authority for the purpose of the Cobb County Civil Service System. 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. (a) There is hereby created and established the Cobb County Civil Service Board which shall consist of five (5) members who shall have been residents of Cobb County for two (2) years or more, and who shall hold no other elective or appointed public office, either federal, State, county or municipal. The present members of the Civil Service Board who are serving at the adoption of this amendment shall serve the remainder of their term and until their successors shall be duly appointed as provided herein and shall constitute post numbers 1, 2 and 3 as presently designated. The governing authority shall appoint members for post numbers 4 and 5 for original terms of one and two years respectively. (b) Upon the expiration of terms of post numbers 3 and 4 the governing authority shall appoint the successor for a term of four years. (c) Upon the expiration of term of the person holding post numbers 1 and 5, the successor and all subsequent successors shall serve for terms of four years and shall be filled by secret ballot election by all the employees of Cobb County who are at that time under the Civil Service System of Cobb County. Any person desiring to appear as a candidate on the ballot for such election shall announce his candidacy in writing to the Chairman of the Cobb County Board of Commissioners at least three weeks prior to the election which shall be held two weeks prior to the expiration of the term of the post subject to election. The Chairman of the Cobb County Board of Commissioners shall cause notice of such candidacy to be given to all department heads who shall post such notice in a conspicuous place for examination

Page 3210

by all department employees. The election shall be administered by the Chairman of the Cobb County Board of Commissioners or his designee. The ballot shall provide voters a choice to reject the entire slate of candidates appearing on the ballot. A voter may vote affirmatively in favor of an individual or he may reject the entire slate, but he may not do both. If no person receives a majority of votes cast, then a new or run-off election shall be immediately called. Notice of the time, date and place of the new or run-off election together with candidacies shall be given in the manner above provided. (d) Upon the expiration of the term of the person holding post number 2, the successor and all subsequent successors shall serve for terms of four years each and shall be appointed by majority vote of the persons holding post numbers 1, 3, 4 and 5. A quorum for the purposes of this vote shall be three members. The Chairman of the Cobb County Board of Commissioners shall cast a vote in the event of a deadlock. (e) All vacancies occurring in any post herein provided for shall be filled in the same manner as was the appointment of a member of the post in which the vacancy occurred. Any member of the Board shall be subject to reappointment. No member of said Civil Service Board shall have held political office or have been a salaried employee of Cobb County during the six-month period next preceding his appointment. No member of said Civil Service Board may be removed prior to the expiration of his term except for cause after having been granted a notice and afforded a hearing before the governing authority of said county. Prior to said hearing said member shall be served personally or by registered or certified mail addressed to his residence as shown in the files of said governing authority at least ten (10) days before the date set for hearing with written specification of charges against him. The five members of said Civil Service Board shall designate one of their number as Chairman and another as Vice Chairman. Members of said Civil Service Board shall be paid a sum of $150.00 per month.

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Section 3. Said Act is further amended by striking the last sentence of section 4 thereof, which reads as follows: Said Board shall hold regular meetings at least once a month, and may hold additional meetings as may be required for the proper discharge of its duties., and substituting in lieu thereof the following: Said Board shall hold a regular monthly meeting at 7:00 p.m. on the third Tuesday of each and every month at a place designated by the Civil Service Board, and may hold additional meetings as may be required by the proper discharge of its duties., so that when so amended section 4 shall read as follows: Section 4. It shall be the duty, function and responsibility of the Civil Service Board of represent the interest of the public in the improvment of personnel administration and the selection of qualified personnel. All meetings of the Civil Service Board shall be held in offices provided therefor by the governing authority of Cobb County or in a courtroom of the Superior Court of Cobb County. The governing authority of said county is hereby authorized to provide necessary clerical assistance to the Board. Said Board shall hold a regular monthly meeting at 7:00 p.m. on the third Tuesday of each and every month at a place designated by the Civil Service Board, and may hold additional meetings as may be required by the proper discharge of its duties. Section 4. Said Act is further amended by striking subsection (b) of section 6 thereof in its entirety, and substituting in lieu thereof a new subsection (b), to read as follows: (b) To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said Civil Service System and to hear appeals from any employee who claims to have been improperly dismissed. In conducting hearings and rendering decisions, the Board shall determine whether the appointing

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authority, department head or person whose action is being appealed had authority to exercise such action and did exercise such action within the rules and regulations of the Civil Service System. If so found, the Board shall affirm the action of the appointing authority, department head or person. In the event that the Board finds that the action appealed is contrary to the rules and regulations of the Civil Service Board, the Board shall reverse such an action. The Board shall not modify the terms and conditions of said action of the person, appointing authority or department head but may in its order of affirmance or reversal make recommendations of disposition which shall have persuasive force only. In addition the Board may recommend amendments to the rules and regulations of the Civil Service System to the governing authority so as to carry forth the purposes of such recommended disposition, and when such rules and regulations have been approved and adopted by the governing authority of Cobb County, they shall have the force of law and shall be binding upon all departments and officers of the county then and thereafter coming under the jurisdiction of the Civil Service Board. Section 5. Said Act is further amended by adding two new subsections at the end of section 6 thereof, to be designated subsections (e) and (f), to read as follows: (e) The governing authority of Cobb County may by resolution direct the Civil Service Board to study proposed changes in the Civil Service rules and regulations as a governing authority may in its resolution define, and the Civil Service Board shall undertake to study said proposed changes in the Civil Service rules and regulations. Within 45 days after adoption of said resolution, unless said time is further extended by an action of the governing authority of Cobb County, the Board shall recommend to the Board of Commissioners to pass or not to pass the proposed changes of the rules and regulations of the Civil Service Board. Upon receipt of recommendations of the Civil Service Board or upon expiration of time provided without a recommendation of the Civil Service Board, the governing authority at its regular meeting may adopt, modify or reject the proposed amendments to the rules and regulations of the Civil Service

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System, and upon adoption, the rules and regulations shall be amended as adopting resolutions shall provide. (f) The Board shall have no authority to review or pass upon the budget or proposed budget of Cobb County as all fiscal affairs are reserved to the discretion of the governing authority of Cobb County. Section 6. Said Act is further amended by adding a new sentence at the end of section 8 thereof, to read as follows: Any person holding a position under the Civil Service System who holds or is elected to public office or who runs or announces his candidacy for public office must resign his position held under the Civil Service System and in the event he fails to do so shall be dismissed from such position as provided in sections 3 and 7 hereof. Section 7. Said Act is further amended by adding a new section after section 8 thereof, to be designated section 8A, to read as follows: Section 8A. The governing authority by resolution may provide for exceptions under the Civil Service rules and regulations so as to provide for employees coming into the Cobb County Civil Service System from other municipalities, political subdivisions, or other governmental agencies which functions are consolidated by contract authorized under Article IX, Section VI, Paragraph I of the Constituton of 1976 as such contract may provide as to eligibility and seniority of such employee; provided, that such employee shall be subject to any and all other rules and regulations under the Civil Service System applicable to him as a member of the Civil Service System. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1977 session of the General Assembly of Georgia, a bill to amend an act creating a Civil Service of Cobb County, Georgia (Ga. L. 1963, p. 685) and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. 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: December 24, 31, 1976 and January 7, 1977. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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BRYAN COUNTYTREASURER ABOLISHED, ETC. No. 393 (Senate Bill No. 316). An Act to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; to provide for the clerk of the board of commissioners to exercise certain duties; to provide that the clerk cannot hold other elective or appointive public office; to provide an effective date; to provide that this Act shall be effective before said effective date under certain circumstances; to provide to provide the procedures connected with 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 office of Treasurer of Bryan County is hereby abolished. It shall be the duty of the Board of Commissioners of Bryan County to appoint annually a chartered bank or chartered banks as a depository or depositories of all funds of Bryan County. All county funds which were paid to the treasurer before the effective date of this Act shall be paid to the clerk of the Board of Commissioners of Bryan County and shall be deposited by said commissioners or by said clerk at the direction of the commissioners in said county depository or depositories. The duties of the Treasurer of Bryan County relative to the receiving and transferring of funds shall hereafter be exercised by the clerk of the Board of Commissioners of Bryan County for said board. The clerk of said board of commissioners shall hold no other elective or appointive public office. Section 2. Said county depository or depositories shall not pay out any of such county funds so deposited except on warrant, check or other order signed by a majority of the members of the board of commissioners or their designee, who shall have and exercise all of the duties, powers and prerogatives formerly exercised by said treasurer. Section 3. Such depository or depositories shall be selected

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under such rules and regulations as may be prescribed by the Board of Commissioners of Bryan County. Section 4. Said depository or depositories shall furnish to the board of commissioners at the end of each month a statement as to each account maintained with such depository, showing the amount of funds deposited and paid out during the month and the balance remaining on deposit, and shall furnish with the same all warrants, checks or other orders for the payment of money which have been paid during said month. Additional statements shall be furnished from time to time upon request of said board of commissioners. Section 5. Said depository or depositories shall receive no compensation for acting as such depository. Section 6. This Act shall become effective the first of the month following the month in which the referendum election is held pursuant to section 7, provided that the Act is approved in such referendum election. Effective date. Section 7. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Bryan County to issue the call for an election for the purpose of submitting this Act to the electors of Bryan County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bryan County. The ballot shall have written or printed thereon the words: Referendum. () YES () NO Shall the Act abolishing the office of Treasurer of Bryan County 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

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become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bryan County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 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 1977 session of the General Assembly of Georgia, a bill to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; to provide for procedures connected with the foregoing; to provide for the construction of this act; to repeal conflicting laws; and for other purposes. This 4th day of January, 1977. 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 Pembroke Journal which is the official organ of Bryan County, on the following dates: January 13, 20, and 27, 1977. /s/ Mell Traylor Senator, 3rd District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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CITY OF POWDER SPRINGS CHARTER AMENDEDCORPORATE BOUNDARIES CHANGED. No. 394 (Senate Bill No. 328). An Act to amend an Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to change the corporate limits of said city; to change the punishments which may be imposed in 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 providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, is hereby amended by adding at the end of section 1.02 the following: TRACT XIII All that tract or parcel of land lying and being in Land Lot 652 of the 19th District, 2nd section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located at the southwest corner of the intersection of Jennings Road and Macland Road, which point is also located 719.5 feet south of the north line of Land Lot 652, as measured along the west side of Macland Road; running thence south 2 degrees 15 minutes east along the west side of Macland Road a distance of 308.2 feet to a point; running thence south 89 degrees west a distance of 281.4 feet to a point; running thence north 1 degree west a distance of 308 feet to a point located on the south side of Jennings Road; running thence east along the south side of Jennings Road a distance of 274.4 feet to a point located on the west side of Macland Road at the point of beginning. TRACT XIV All that tract or parcel of land beginning at a point on the northerly side of Aiken Road 252 feet west from the intersection of the northerly side of Aiken Road and the

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westerly side of Old Austell-Powder Springs Road; thence west along the northerly side of Aiken Road 300 feet to a point and iron pin; thence northerly 31 degrees 33 minutes west 290 feet to a point; thence east 300 feet to a point; thence south 290 feet and the point of beginning. Section 2. Said Act is further amended by striking from section 6.03 the following: two hundred dollars ($200.00) and sixty (60), and substituting in lieu thereof the following: $500 and 120, respectively, so that when so amended, said section shall read as follows: Section 6.03. Jurisdiction. Be it further enacted, that the recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Powder Springs passed in accordance with this charter, for each offense in an amount not to exceed $500, to imprison offenders for a period of not more than 120 days, or at labor on the roads and streets or other public works of said city for not more than 120 days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Powder Springs which warrants may be executed by an officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction

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and powers as to the entire area within the corporate limits of the City of Powder Springs. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders, police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 3. All laws and parts of laws in conflict 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 1977 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Powder Springs (Ga. L. 1920, p. 1437, et seq), as amended to create a new Charter (Ga. L. 1970, p. 2760, et seq.), as heretofore amended; and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes and says that he is Senator from the 33rd

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District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 24, 31, 1976 and February 7, 1977. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF KENNESAW CHARTER AMENDEDBOUNDARIES CHANGED, ETC. No. 395 (Senate Bill No. 332). 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; to change the provisions relative to qualifications for the office of mayor or councilmen; to change the provisions relative to the bond of the clerk-treasurer; to change the provisions relating to the powers and duties of the mayor; to change the provisions relative to the submission of budgets; to change the provisions relative to capital improvements budgets; to change the provisions relative to the sale of city property; to change the provisions relative to property taxes; to change the provisions relative to tax due dates; to change the provisions relative to the qualification of candidates; to change the provisions relative to the qualification of electors; to change the provisions relative to the jurisdiction of the recorder's

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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 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 and Nashville Railroad; run thence southwesterly along the southeast line of said right-of-way of the Louisville and Nashville Railroad, and following the curvature thereof, a distance of 2,875 feet,

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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. (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 centerline of a creek; thence westerly and southwesterly along the centerline 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 58 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.

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(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 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,

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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 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.

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(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 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: 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. Said Act is further amended by striking section 2.02 in its entirety and substituting in lieu thereof a new section 2.02 to read as follows: Section 2.02. Qualification for Mayor and Councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least twenty-one years of age, and must meet the requirements of a qualified voter of said city as described by State law, and must be a bona fide resident of the City of Kennesaw. No person shall be qualified to hold the office of mayor or councilman who shall have been convicted of a felony unless such person has received a full pardon and has all rights of citizenship restored. Section 3. Said Act is further amended by striking section 2.06 in its entirety and substituting in lieu thereof a new section 2.06 to read as follows:

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Section 2.06. Mayor as Presiding Officer. The mayor shall preside at meetings of the council; shall have a vote only in the case of a tie vote by councilmen; shall have veto power, and the mayor shall have four (4) days after meeting with the council in which to file with the clerk, in writing, this dissent, but the council may, at the same meeting or any subsequent meeting within eighteen (18) days, pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes; shall be the chief executive officer of the city; shall have the authority to appoint council members to head the various departments of the city, provided, however, that each councilman shall be appointed chairman of one of the following committees: general and administrative, police, public utilities, parks and recreation, and planning commission; shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds, and contracts when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 4. Said Act is further amended by striking from the second paragraph of section 2.10 the word shall where the same appears between the word council and the word require, and inserting in lieu thereof the word may, so that when so amended the second paragraph of section 2.10 shall read as follows: The mayor and council may require the clerk-treasurer, before entering upon discharge of his duties, to give good and sufficient bond in the amount to be decided by the mayor and council, but not less than $2,500.00, said bond payable to the City of Kennesaw, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city.

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Section 5. Said Act is further amended by striking section 4.02 in its entirety and substituting in lieu thereof a new section 4.02 to read as follows: Section 4.02. Mayor to Submit Annual Budget. On or before a date fixed by the council, but not later than the first regularly scheduled meeting of a new fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and other funds, the following: (a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and recommended expenditures for the next fiscal year, (c) a comparative statement of the assets, liabilities, reserves and surplus at the end of the preceding fiscal year, and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (d) such other information and data as may be considered necessary by the mayor and council. Section 6. Said Act is further amended by striking section 4.06 in its entirety and substituting in lieu thereof a new section 4.06 to read as follows: Section 4.06 Capital Improvements Budget. (a) On or before a date fixed by the council, but not later than the first regularly scheduled meeting of the new fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of inhabitants, when passed by four-fifths vote of the membership of the council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending on or in the process of construction or acquisition.

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(b) Before January 31 of the current fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council. Section 7. Said Act is further amended by striking section 4.07 in its entirety and substituting in lieu thereof a new section 4.07 to read as follows: Section 4.07. Sale of City Property. The mayor and council may sell any city property which is obsolete, surplus or unusable, at public sale with no less than fifteen days' written notice to the public following the appropriate action declaring the property obsolete, surplus or unusable at a regular meeting of the mayor and council, for such consideration as received; provided, however, the mayor and council shall not be obligated to sell such property unless the mayor and council consider the price to be equitable and just. Section 8. Said Act is further amended by striking section 4.10 in its entirety and substituting in lieu thereof a new section 4.10 to read as follows: Section 4.10. Property Taxes. All property subject to the taxation for State or county purposes, assessed as of January 1, in each year, shall be returned for taxes each year on or before April 1. Failure to make a tax return between January 1 and April 1 will result in a penalty of not more than ten percent of the taxes due on said property. The Board of Tax Assessors, appointed by the Cobb County Board of Commissioners, shall evaluate and assess all city property for tax purposes as provided by Georgia law. Appeals involving city property assessments may be taken as now or as may hereafter be provided by general law.

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Section 9. Said Act is further amended by striking section 4.12 in its entirety and substituting in lieu thereof a new section 4.12 to read as follows: Section 4.12. Tax of Due Date and Tax Bills. Taxes shall be due on November 20 of each year unless otherwise provided by ordinance. The city, or its agent, shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before November 20 of each year, which may be changed by ordinance. Taxes paid after November 20 will be subject to nine percent interest from the due date until paid, and after December 20, a fi. fa. charge will be added. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxation to provide for the compelling of such return; and to provide penalties for failure to do so; after due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in any conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times when said taxes shall be due and payable. Section 10. Said Act is further amended by striking section 5.02 in its entirety and substituting in lieu thereof a new section 5.02 to read as follows: Section 5.02. Qualification of Candidates. Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the city clerk not less than fifteen days, nor more than forty-five days, as provided by ordinance, prior to the date fixed for the holding of any such election. Written notice of candidacy for any special election shall be filed with said city clerk not less than ten days, nor more than thirty days, as provided by ordinance, prior to the date fixed for the holding of any such election.

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Section 11. Said Act is further amended by striking section 5.03 in its entirety and substituting in lieu thereof a new section 5.03 to read as follows: Section 5.03. Qualification of Electors. Any person meeting the qualifications of an elector of members of the General Assembly under State law, who is a bona fide resident of the City of Kennesaw, shall be qualified to register as an elector in any city election held under this charter. Section 12. Said Act is further amended by striking section 6.03 in its entirety and substituting in lieu thereof a new section 6.03 to read as follows: Section 6.03. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Kennesaw passed in accordance with this charter, for each offense in an amount not to exceed $1,000.00, to imprison offenders for a period of not more than sixty days, or at labor on the roads and streets or other public works of said city for not more than sixty days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 or imprisonment not exceeding twenty days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Kennesaw which warrants may be executed by an officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Kennesaw. The recorder's court is specifically invested with all jurisdiction and powers throughout

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the entire area within the corporate limits granted by State laws generally to mayors, recorders, police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1977 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 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. 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

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the following dates: December 24, 31, 1976 and January 7, 1977. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WARREN COUNTYSHERIFF MAY APPOINT PERSONNEL, ETC. No. 396 (Senate Bill No. 336). An Act to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), so as to authorize the Sheriff of Warren County to appoint deputy sheriffs; to authorize the sheriff to appoint a jailer; to provide for the compensation of such deputy sheriffs and jailer; to authorize the Commissioner of Warren County to purchase specially equipped automobiles for law enforcement purposes; to authorize the Commissioner to purchase replacements for said automobiles and to dispose of the replaced vehicles; to authorize the Commissioner of Warren County to provide the necessary supplies, equipment and maintenance of vehicles for the sheriff; to provide additional compensation for the sheriff and his deputies while on official business outside the territorial limits of Warren County; 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: Section 1. An Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. (a) The Sheriff of Warren County, Georgia, is hereby authorized to appoint deputy sheriffs, not to exceed six (6) in number, to assist him in the performance of his duties. Such deputies shall be compensated in an amount not more than eight hundred dollars ($800.00) per month. The Commissioner of Warren County shall have the sole discretion to approve the number of deputy sheriffs so appointed and the compensation to be paid to each deputy sheriff. The compensation of said deputy sheriffs shall be payable from the funds of Warren County at such intervals, but at least monthly, as said Commissioner may determine. (b) The sheriff is hereby authorized to appoint a jailer to assist him in the performance of his duties, and such jailer shall be compensated in an amount not more than eight hundred dollars ($800.00) per month, provided that the Commissioner of Warren County is authorized to set the amount of compensation paid to said jailer, said amount not to exceed eight hundred dollars ($800.00) per month. The compensation of said jailer shall be payable from the funds of Warren County at such intervals, but at least monthly, as said Commissioner may determine. (c) The sheriff and his deputies in addition to any other compensation herein provided shall receive actual expenses when out of the territorial limits of Warren County attending official business or on business of the county as may be authorized by the Commissioner of Warren County. The funds for payment of such expenses shall be payable from the funds of Warren County. It shall be proper and lawful for the Commissioner of Warren County or the Treasurer of Warren County to pay out of the county funds the sums and amounts herein provided and authorized.

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Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. (a) The Commissioner of Warren County is hereby authorized to purchase four (4) automobiles equipped with the necessary communication devices and other special equipment commonly on or in automobiles which are used by law enforcement officers for the use of law enforcement and other purposes in Warren County. The Commissioner of Warren County is hereby authorized to purchase a replacement for said automobiles at such time as he may determine. The Commissioner of Warren County is hereby authorized to dispose of the replaced vehicles in such manner as he deems most advantageous to Warren County. The funds for purchasing said automobiles as herein provided shall be payable from the funds of Warren County. (b) The Commissioner of Warren County shall provide necessary books, records, supplies and equipment for the sheriff and said Commissioner is hereby authorized to provide for the cost of all repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation of the automobiles authorized to be purchased herein. The funds for the payment of the supplies, equipment and maintenance as herein provided shall be payable from the funds of Warren County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 session of the 1977 General Assembly of Georgia a bill to provide for deputies for the Sheriff's Department of

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Warren County, Georgia; to provide for the salaries of said deputies; to provide for other changes in the law concerning said Sheriff's Department; to repeal conflicting laws; and for other purposes. /s/ Bill English Senator, District 21 Georgia State Senate Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill English 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 Warrenton Clipper which is the official organ of Warren County, on the following dates: February 4, 11 and 17, 1977. /s/ Bill English Senator, 21st District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF EATONTON CHARTER AMENDEDPROVISIONS CONCERNING MAYOR AND ALDERMEN CHANGED. No. 397 (Senate Bill No. 341). 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

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Act approved April 3, 1972 (Ga. L. 1972, p. 3833), so as to change the terms of office of the Mayor and Aldermen; to change the number of Aldermen; to change the provisions relating to the election of the Mayor and Aldermen; to provide for wards; to change the compensation of the Mayor and Aldermen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating 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), is hereby amended by striking section 3 in its entirety, and inserting in lieu thereof the following: Section 3. The municipal government shall consist of a Mayor and seven (7) Aldermen, elected from the city at large, and such other officers, servants and agents hereinafter enumerated as said Mayor and Aldermen shall, from time to time, lawfully elect or employ, or as shall be elected as hereinafter provided. Section 2. Said Act is further amended by striking section 4 in its entirety, and inserting in lieu thereof a new section 4, to read as follows: Section 4. The Mayor and Aldermen shall constitute the board of council and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. The Mayor shall receive a salary of not less than $350.00 per month, and the members of council shall receive salaries of $250.00 each per month, payable monthly, and such other actual expenses as they may incur in the performance of their official duties upon authorization or approval by the Mayor and council. Section 3. Said Act is further amended by striking the first paragraph of section 5 of said Act, and inserting in lieu thereof the following:

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Section 5. The Mayor shall be elected by popular vote, as hereinafter prescribed, and shall hold office for four (4) years and until his successor is elected and qualified. He shall have authority:. Section 4. Said Act is further amended by striking from subsection (5) of section 5, the following: two thirds of the six aldermen, and inserting in lieu thereof the following: four of the seven (7) Aldermen, so that when so amended, subsection (5) shall read as follows: (5) To pardon offenders against the city ordinances, and to suspend, revoke or vacate any sentence of the police court of said city, four of the seven (7) Aldermen approving such veto, suspension or reduction, whether imposed by himself, the mayor pro tem, or Recorder presiding in said court under the provisions of this Act. Section 5. Said Act is further amended by striking in its entirety the first paragraph of section 6. Section 6. Said Act is further amended by striking in its entirety subsection (1) of section 6, and inserting in lieu thereof the following: (1) Elections for Mayor and Aldermen shall be by vote of the people, under the regulations hereinafter prescribed. For the purpose of electing Aldermen, the City of Eatonton is hereby divided into 4 wards, as follows: Ward No. 1. Beginning at the point where the centerline of Sumter Street crosses the centerline of Jefferson Avenue; thence running north along the centerline of Jefferson Avenue to the point where said centerline intersects with the city limits; thence running east and south along the city limits to the point of intersection with the centerline

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of Sumter Street (Ga. Highway 16); thence running west along the centerline of Sumter Street to the point of beginning. Ward No. 2. Beginning at the point where the centerline of Sumter Street intersects with the centerline of Jefferson Avenue; thence running south along the centerline of Jefferson Avenue to the point where the centerline intersects with the centerline of Hogan Boulevard; thence running south southeast at an angle of 45 degrees to the point of intersection with the city limits; thence running east and northeast along the city limits to the point of intersection with the centerline of Sumter Street (Ga. Highway 16); thence running west along the centerline of Sumter Street to the point of beginning. Ward No. 3. Beginning at the point where the centerline of West Marion Street (Ga. Highway 16) intersects with the centerline of Jefferson Avenue; thence running south along the centerline of Jefferson Avenue to the point where it intersects with the centerline of Hogan Boulevard; thence running south southeast at an angle of 45 degrees to the point of intersection with the city limits; thence running west and north along the city limits to the point of intersection of the city limits with the centerline of West Marion Street (Ga. Highway 16); thence east along the centerline of West Marion Street to the point of beginning. Ward No. 4. Beginning at the point where the centerline of West Marion Street intersects with the centerline of Jefferson Avenue; thence running west along the centerline of West Marion Street (Ga. Highway 16) to the point of intersection with the city limits; thence running north and east along the city limits to the point of intersection with the centerline of Jefferson Avenue; thence south along the centerline of Jefferson Avenue to the point of beginning. At the city election to be held on the first Tuesday in August, 1977, there shall be elected one Alderman from each of the four wards of the city. The Aldermen so elected shall take office on the first Tuesday in September, 1977, and shall serve for terms of office expiring on the first

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Tuesday in September, 1980, or until their successors are elected and qualified. Thereafter, successors to such Aldermen shall be elected in the city election immediately preceding the expiration of their respective terms of office and shall serve for terms of office of four years each and until their respective successors are elected and qualified. The Aldermen elected from each of said wards shall be residents of the wards from which they are elected and shall be elected by the qualified voters residing within the wards to which they are elected. At the city election to be held on the first Tuesday in August, 1978, there shall be elected a Mayor and three Aldermen from the city at large. The Mayor and Aldermen so elected shall take office on the first Tuesday in September, 1978, and shall serve for terms of office expiring on the first Tuesday in September, 1982, or until their successors are elected and qualified. Thereafter, successors to the Mayor and such Aldermen shall be elected in the city election immediately preceding the expiration of their respective terms of office and shall serve for terms of office of four years each and until their respective successors are elected and qualified. The Aldermen so elected from the city at large shall be residents of the city and shall be elected by the qualified voters of the entire city. All vacancies in the offices of Mayor and Aldermen shall be filled by special elections; and the person elected at such special election shall fill out the remainder of the unexpired term of the officer he succeeds. Section 7. The Mayor and Aldermen now in office shall hold office until their present term expires, and until their successors are elected and qualified. Section 8. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without his approval, except the provisions of section 1 and the provisions of section 4, which shall become effective on the first Tuesday in September, 1977. Section 9. 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 a Bill will be introduced in the 1977 Session of the General Assembly of Georgia to amend the original Charter of the City of Eatonton, as found in Georgia Laws of 1908, pages 620-645, and all Acts amendatory thereof, so as to change the terms of office of the Mayor and Council from two years to four years; to increase the number of Aldermen from six (6) to seven (7); to change the date of their election from the first Wednesday in August to the first Tuesday in August of each year when an election is required; to fix compensation of Aldermen; to provide that Mayor and Aldermen now in office shall hold office until their present terms expire; to provide that the first election held hereunder shall be held on the first Tuesday in August, 1977, and future regular election shall be held on the first Tuesday in 1980, and each two years thereof; and for other purposes. This January 24, 1977. /s/ James P. Marshall Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on other, 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 Eatonton Messenger which is the official organ of Putnam County, on the following dates: January 27, February 3 and 10, 1977. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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STATE COURT OF EVANS COUNTYJUDGE'S AND SOLICITOR'S COMPENSATION CHANGED. No. 398 (Senate Bill No. 343). An Act to amend an Act establishing the State Court of Evans County, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3195), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Evans County, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3195), is hereby amended by striking from section 5 the following: $4,200.00, and inserting in lieu thereof the following: $6,000.00, so that when so amended section 5 shall read as follows: Section 5. Be it enacted by the authority aforesaid, the judge of the State Court of Evans County shall receive a salary of $6,000.00 per annum, payable in equal monthly installments from the funds of Evans County, as a current expense, to be paid by the Board of Commissioners of said County and said Board shall annually make provision therefor by levying taxes for this purpose. Section 2. Said Act is further amended by striking from subsection (b) of section 6 the following: $4,200.00,

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and inserting in lieu thereof the following: $6,000.00, so that when so amended subsection (b) of section 6 shall read as follows: (b) The said solicitor shall receive an annual salary of $6,000.00, payable in equal monthly installments from the funds of Evans County, for his services in said Court. Said salary shall be in lieu of all fees and all other perquisites of whatever kind as are now allowed by law to be received as compensation for services by said solicitor in said Court except as herein provided by subsection (c) of this section Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that there will be introduced at the 1977 Session of the General Assembly of Georgia a Bill to increase the salary of the Solicitor of the State Court of Evans County, Georgia, and to amend conflicting laws. This 1st day of February, 1977. /s/ Joseph E. Kennedy Senator 4th District of Ga. Notice of Legislation. Notice is hereby given that there will be introduced at the 1977 Session of the General Assembly of Georgia a Bill

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to increase the salary of the Judge of the State Court of Evans County, Georgia, and to amend conflicting laws. This 1st day of February, 1977. /s/ Joseph E. Kennedy Senator 4th District of Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Claxton Enterprise which is the official organ of Evans County, on the following dates: Feb. 3, 10, and 17, 1977. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF OAKWOOD CHARTER AMENDEDMAXIMUM RECORDER'S COURT FINE CHANGED. No. 399 (Senate Bill No. 361). An Act to amend an Act to incorporate and to grant a new charter to the City of Oakwood, approved March 4, 1966 (Ga. L. 1966, p. 3227), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 2739), so as to change the

Page 3245

maximum amount of fine which may be imposed by the recorder's court of the said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate and to grant a new charter to the City of Oakwood, approved March 4, 1966 (Ga. L. 1966, p. 3227), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 2739), is hereby amended by striking from the first unnumbered paragraph of section 45 thereof, the following: one hundred dollars ($100), and substituting in lieu thereof the following: $250.00, so that when so amended the first unnumbered paragraph of section 45 shall read as follows: Section 45. Recorder's court. The police or mayor's court for the trial of offenders against the laws and ordinances of the City of Oakwood shall be known as the recorder's court, which court is hereby created; the mayor and council are authorized and empowered to elect a recorder to hold said court, fix his qualifications, terms of office, and compensation. In the event there is a vacancy in the office of mayor, the authority and power given hereinabove shall be vested in the council. Such election shall be made within thirty days after the approval of this Act, and the mayor shall continue to serve until the recorder is elected and qualified. The recorder's court shall begin immediately upon the election and qualification of the recorder. Said recorder so elected shall take such oath as may be prescribed by the mayor and council. Any vacancy in the office of city recorder shall be filled by the mayor and council. Such recorder, and in his absence the mayor, and in the absence of the recorder and the mayor, then the mayor pro tem, and in the absence of all three, any one or more members of the council may hold said court, and may exercise all the

Page 3246

powers conferred by law upon the recorder, and may punish for any violation of a city law or ordinance by a fine not exceeding $250.00, imprisonment in the city jail, or imprisonment in the county jail by permission of the county authorities not exceeding sixty days or work on the street work crew or other public work under the supervision of the chief of police or the superintendent of the street department, not exceeding sixty days, any one or more, or all of these at the discretion of the trial court. When sitting as a court for the trial of offenders, the said court shall have power to punish for contempt by fine not exceeding twentyfive ($25) dollars, imprisonment or work in the manner already prescribed in this section for not exceeding ten (10) days, one or both, at the discertion of the trial 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 1977 Session of the General Assembly of Georgia, a bill to amend an Act to incorporate and to grant a new charter to the City of Oakwood, approved March 4, 1966 (Ga. L. 1966, p. 3227), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 2739), so as to change the maximum amount of fine which may be imposed by the Recorder's Court of the said city; and for other purposes. This 8th day of February, 1977. /s/ Howard T. Overby Senator, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Times Gainesville which is the official organ of Hall County, on the following dates: Feb. 10, 17, 24, 1977. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF FLOWERY BRANCH CHARTER AMENDEDPOLICE COURT PROVISIONS CHANGED. No. 401 (Senate Bill No. 363). An Act to amend an Act creating a new charter and municipal government for the City of Flowery Branch, approved March 30, 1937 (Ga. L. 1937, p. 1877), as amended, so as to change the provisions relative to the police court; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter and municipal government for the City of Flowery Branch, approved March 30, 1937 (Ga. L. 1937, p. 1877), as amended, is hereby amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12 to read as follows: Section 12. (a) The mayor or mayor pro tem of the City of Flowery Branch may establish or hold a police court in said City at any time for the trial and punishment of violators of the ordinances of said City, but the punishment inflicted shall not exceed a fine of $250.00, or imprisonment

Page 3248

in the common jail of said City for a period not exceeding sixty days. As an alternative to such 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 of said City for a period not exceeding sixty days. (b) Said police court shall also be authorized 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, police or recorder's courts to the extent of and in accordance with such laws and all laws subsequently enacted amendatory thereof. (c) There shall be no right of appeal from the judgment of said police court, but the right of certiorari shall exist in all criminal cases from the judgment of said court. Said certiorari shall be obtained in the same manner and under the same conditions as a writ of certiorari is obtained from a judgment of a justice of the peace, but no person shall be released from custody until he has first given written notice of his intention to apply for the writ of certiorari and has also given a good and sufficient bond and security, to be fixed and approved by the court, for his appearance to carry out and perform the sentence or judgment complained of in the event the same is finally affirmed, said bond to be in the form of other supersedeas bonds in criminal cases. (d) The mayor and aldermen may appoint an individual to serve as judge of the police court and delegate to him all duties and authority of that office as provided in this section. In the event of the appointment of a judge of the police court, as provided herein, the compensation of such judge shall be as determined by the mayor and aldermen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia.

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a bill to amend an Act revising, amending, consolidating and superseding the laws incorporatng the Town of Flowery Branch (now City of Flowery Branch) approved March 30, 1937 (Ga. L. 1937, p. 1877), as amended, and for other purposes. This 10th day of February, 1977. Howard T. Overby Senator, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Gainesville which is the official organ of Hall County, on the following dates: Feb. 11, 18, 25, 1977. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. EVANS COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 402 (Senate Bill No. 364). An Act to amend an Act creating a board of commissioners of Evans County, approved August 16, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3460), so as to change the

Page 3250

compensation of the chairman and members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Evans County, approved August 16, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3460), is hereby amended by striking from subsection (a) of section 15 the following: $100.00, and inserting in lieu thereof the following: $150.00, and by striking therefrom the following: $150.00, and inserting in lieu thereof the following: $200.00, so that when so amended subsection (a) of section 15 shall read as follows: (a) The commissioners shall at their first meeting elect a chairman of said board from their own membership who shall act as such chairman during the entire time of said board. Said commissioners, before entering upon their duties as such, shall take an oath before the judge of the probate court for the faithful performance of their duties. The members of said board of commissioners of Evans County, other than the chairman, shall receive as their compensation the sum of $150.00 per month, and the chairman shall receive as his compensation the sum of $200.00 per month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 3251

by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that there will be introduced at the 1977 session of the General Assembly of Georgia, a bill to increase the salary of the Commissioners or Roads and Revenues of Evans County, Georgia, and to amend conflicting laws. This 1st day of February, 1977. Joseph E. Kennedy Senator, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County, on the following dates: February 10, 17 and 24, 1977. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3252

CITY OF LITHONIA CHARTER AMENDEDQUALIFICATIONS OF RECORDER CHANGED. No. 403 (Senate Bill No. 366). An Act to amend an Act creating and establishing a new charter for the City of Lithonia, 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 qualifications of the Recorder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Lithonia, 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 section 18 thereof in its entirety and substituting in lieu thereof a new section 18, to read as follows: Section 18. The Recorder shall be elected by the Mayor and Council of the City of Lithonia, shall hold his office at the pleasure of the Mayor and Council, and shall be paid such salary as the Mayor and Council shall prescribe and fix. Said Recorder shall be at least twenty-one (21) years of age, shall be a member of the State Bar of Georgia, shall reside in the Stone Mountain Judicial Circuit of the State of Georgia, and shall hold no other office in the City of Lithonia, whether it be an elective or an appointive office. Before entering upon the duties of his office, said 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. The oath shall be entered upon the minutes of the Council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice to Apply for Local Legislation. Notice is hereby given by the City of Lithonia, Georgia of the intention to apply during the 1977 session of the General Assembly of Georgia for an act to provide for charter amendments and codes up-date and any other purposes. This 6th day of January, 1977. Duncan Cameron Mayor City of Lithonia Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Decatur-DeKalb News, [sic] publisher of the Gerald W. Crane, [sic] 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 6, 13, 20 day of January, 1977. /s/ Gerald W. Crane Co-Publisher. Sworn to and subscribed before me, this 24th day of February, 1977. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18th, 1977. (Seal). Approved March 23, 1977.

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CITY OF DAWSONVILLERECORDER'S COURT MAY BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES. No. 404 (Senate Bill No. 370). An Act to amend an Act reincorporating the City of Dawsonville in the County of Dawson, approved April 6, 1967 (Ga. L. 1967, p. 2748), so as to provide for the suspension of the operation of the recorder's court under certain circumstances; 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 reincorporating the City of Dawsonville in the County of Dawson, approved April 6, 1967 (Ga. L. 1967, p. 2748), is hereby amended by adding at the end of section 3.05 the following paragraph: In the event the council enters into a contract with any other political subdivision whereby such political subdivision shall provide law enforcement services on behalf of the City of Dawsonville, then a recorder need not be appointed, and the operation of the recorder's court may be suspended during the term of such contract in such manner and pursuant to such conditions as the council shall determine. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Dawsonville in the County of Dawson, approved April 6, 1967 (Ga. L. 1967, p. 2748); and for other purposes. This 4th day of February, 1977. Max R. Looper District 8, Post 2

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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: February 10, 17 and 24, 1977. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BIBB COUNTYRECALL OF COMMISSIONERS AUTHORIZED. No. 405 (House Bill No. 127). An Act to provide for the recall of members of the Board of Commissioners of Bibb County, Georgia; to provide for procedures for recall; to provide for elections; to provide limitations of periods of time during which elections may be held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) An election for the purpose of submitting the question of whether a member of the Board of Commissioners of Bibb County shall be recalled shall be held as

Page 3256

hereinafter provided, if a petition calling for an election for the purpose of recalling such member shall be filed as hereinafter provided. The petition must have been signed by a number of electors entitled to cast their ballot for a candidate in the next election for the particular office in question which exceeds 30% of the number of electors eligible to vote in the general election conducted for the purpose of filling such office immediately prior to the filing of such petition. The persons sponsoring such petition shall be electors entitled to cast their vote for the office of the Commissioner sought to be recalled. Prior to obtaining any signatures on any such petition, a blank copy of the proposed petition shall be submitted by the sponsors thereof to the Macon-Bibb County Board of Elections along with a notice that a petition is to be circulated seeking signatures for a special election for the recall of the particular elected Commissioner concerned. The petition shall be submitted to the Macon-Bibb County Board of Elections with the required signatures within 45 days following the date on which the notice of the proposed petition is given to the Board. If such petition is not submitted within the 45-day time limit, it shall be void and of no force or effect. Each petition and each page thereof shall clearly designate the Commissioner sought to be recalled. Each elector signing the petition shall, in addition to affixing his signature, also print his name and give his residence and the date upon which he signs the petition. Each page of the petition shall have appended to it the affidavit of some person, who may be 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 duly registered electors and are entitled to sign such petition, that such electors signed the petition with full knowledge of the contents of the petition, and that their residences are correctly stated. (b) A recall petition shall be tendered for filing to Macon-Bibb County Board of Elections. Such Board shall cause it to be examined to determine whether it contains a sufficient number of apparently genuine signatures. The Board may question the genuineness of any signature or signatures appearing on the recall petition. If such Board finds that any such signature or signatures are not genuine, such signatures

Page 3257

shall be disregarded in determining whether the petition contains a sufficient number of signatures. Such Board shall eliminate any page of the petition which is not accompanied by the required affidavit. The invalidity of any page of the petition or of any signature shall not affect the validity of the petition if a sufficient number of signatures remains after eliminating such an invalid page or signature. Such Board shall complete the examination of the petition within twenty days after it shall have been tendered to it and shall thereupon declare the petition to have been duly filed if valid, or reject it if invalid. (c) As soon as the Macon-Bibb County Board of Elections has declared the recall petition to be duly filed, the incumbent named in the petition shall be notified by such Board that the petition has been duly filed. Upon receipt of such notice, the incumbent may resign from his office and thereby terminate the recall proceedings. 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 given to him, the Board shall issue the call for a recall election. If a regular or special election in which all the electors who are entitled to cast their ballots for the officer sought to be recalled 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 such 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. The following question shall be presented to each elector in a recall election: Shall (name of officer) be recalled and removed as a member of the Board of Commissioners of Bibb County? The above question shall appear as to every person whose recall is to be voted upon and provision shall be made for the elector to vote Yes or No on the question. If a

Page 3258

majority of the electors who vote on the question at a recall election shall vote Yes, the incumbent shall be deemed recalled and he shall stand removed from office instanter, but if a majority of the electors shall vote No, he shall remain in office. Only those registered electors qualified to vote on the date the call for the recall election was issued shall be eligible to vote in the recall election. (d) No recall petition shall be filed against any elected officer within the first six months or the last twelve months of his term of his office or within twelve months after an unsuccessful recall election against him. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made to the 1977 session of the General Assembly of Georgia for the introduction and passage of a bill to be entitled: An Act to provide for the recall of members of the Board of Commissioners of Bibb County, Georgia to provide procedure for recall: to provide for elections; to provide limitations of periods of time during which elections may be held; and for other purposes. Notice is further given that the General Assembly may amend the title and may also amend the substance of the Legislation for which application is made in any matter which may be germane under the rules of the General Assembly. This 10th day of December, 1976. E. S. Sell, Jr. County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3259

duly authorized to administer oaths, Frank Horne who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: December 18, 25, 1976 and January 1, 1977. /s/ Frank Horne Representative, 104th District Sworn to and subscribed before me, this 11th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. NEWTON COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 406 (House Bill No. 146). An Act to amend an Act creating the Board of Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 3032), so as to change the compensation of the chairman of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March

Page 3260

24, 1976 (Ga. L. 1976, p. 3032), is hereby amended by striking from section 1-106 the following: a salary of $14,400.00 per annum, to be paid in equal monthly installments from the funds of Newton County, and inserting in lieu thereof the following: a base salary of $15,000.00 per annum, to be paid in equal monthly installments from the funds of Newton County. In addition to such base salary, the chairman shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All ItemsUnited States City Average, as such index is calculated for June of each such year and such index as it exists for the month of July, 1977. Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978., so that when so amended, section 1-106 shall read as follows: Section 1-106. The Chairman of the Board of Commissioners of Newton County shall receive a base salary of $15,000.00 per annum, to be paid in equal monthly installments from the funds of Newton County. In addition to such base salary, the chairman shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All ItemsUnited States City Average, as such index is calculated for June of each such year and such index as it exists for the month of July, 1977.

Page 3261

Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978. The members of the board shall receive $200.00 per month, plus actual and necessary expenses incurred in carrying out their official duties. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the 1977 General Assembly of Georgia, I will introduce the following legislation: A bill to provide for a change in the compensation of the Chairman of the Board of Commissioners of Newton County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. December 21, 1976. Phillip A. Johnson Representative-Elect 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phil Johnson 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

Page 3262

County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Phil Johnson Representative, 74th District Sworn to and subscribed before me, this 12th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. NEWTON COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 407 (House Bill No. 147). An Act to amend an Act creating the office of Tax Commissioner of Newton County, approved April 2, 1963 (Ga. L. 1963, p. 2707), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3008), so as to change the compensation of the Tax Commissioner of Newton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Newton County, approved April 2, 1963 (Ga. L. 1963, p. 2707), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3008), is hereby amended by striking from section 4 the following: The annual salary of the tax commissioner shall be $13,200.00, payable in equal monthly installments from the funds of Newton County: Provided, however, effective July

Page 3263

1, 1972, the annual salary of the tax commissioner shall be $14,400.00, payable in equal monthly installments from the funds of Newton County., and inserting in lieu thereof the following: The tax commissioner shall receive a base salary of $15,000.00 per annum to be paid in equal monthly installments from the funds of Newton County. In addition to such base salary, the tax commissioner shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All ItemsUnited States City Average, as such index is calculated for June of each such year and such index as it exists for the month of July, 1977. Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978., so that when so amended, section 4 shall read as follows: Section 4. The Tax Commissioner of Newton County shall be compensated by annual salary in lieu of a fee system of compensation for said officer. The tax commissioner shall receive a base salary of $15,000.00 per annum to be paid in equal monthly installments from the funds of Newton County. In addition to such base salary, the tax commissioner shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All ItemsUnited States City Average, as such index is calculated for

Page 3264

June of each such year and such index as it exists for the month of July, 1977. Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind formerly allowed him as compensation for services rendered in the capacity of tax receiver, tax collector, and tax commissioner. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the 1977 General Assembly of Georgia, I will introduce the following legislation: A bill to provide for a change in the compensation of the Tax Commissioner of Newton County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. December 21, 1976. Phillip A. Johnson Representative-Elect 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phil Johnson 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

Page 3265

County, on the following dates: December 23, 30, 1976 and January 6, 1977. /s/ Phil Johnson Representative, 74th District Sworn to and subscribed before me, this 12th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. NEWTON COUNTY SHERIFFCOMPENSATION CHANGED. No. 408 (House Bill No. 148). An Act to amend an Act placing the Sheriff of Newton County on a salary basis, approved March 30, 1963 (Ga. L. 1963, p. 2704), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3000), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Newton County on a salary basis, approved March 30, 1963 (Ga. L. 1963, p. 2704), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3000), is hereby amended by striking section 1, which reads as follows: Section 1. The Sheriff of Newton County shall be compensated in the amount of $13,200.00 per annum, to be paid in equal monthly installments from the funds of Newton County: Provided, however, that effective July 1, 1972, the

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sheriff shall be compensated in the amount of $14,400.00 per annum, to be paid in equal monthly installments from the funds of Newton County. It is specifically provided that the salary provided herein for the sheriff shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind heretofore received by the sheriff for his services as such., in its entirety, and inserting in lieu thereof a new section 1, to read as follows: Section 1. The Sheriff of Newton County shall receive a base salary of $15,000.00 per annum, to be paid in equal monthly installments from the funds of Newton County. In addition to such base salary, the sheriff shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All ItemsUnited States City Average, as such index is calculated for June of each such year and such index as it exists for the month of July, 1977. Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978. The salary provided herein for the sheriff shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind heretofore received by the sheriff for his services as such. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the

Page 3267

1977 General Assembly of Georgia, I will introduce the following legislation: A bill to provide for a change in the compensation of the Sheriff of Newton County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. December 21, 1976. Phillip A. Johnson Representative-Elect 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phil Johnson 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 23, 30, 1976 and January 6, 1977. /s/ Phil Johnson Representative, 74th District Sworn to and subscribed before me, this 12th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3268

NEWTON COUNTY PROBATE JUDGECOMPENSATION CHANGED. No. 409 (House Bill No. 149). An Act to amend an Act placing the Judge of the Probate Court of Newton County on an annual salary in lieu of the fee system of compensation, approved March 31, 1967 (Ga. L. 1967, p. 2411), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2352), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3005), so as to change the compensation of the Judge of the Probate Court of Newton County; to provide an effective date to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Newton County on an annual salary in lieu of the fee system of compensation, approved March 31, 1967 (Ga. L. 1967, p. 2411), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2352), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3005), is hereby amended by striking from section 1 the following: an annual salary of $13,200.00, to be paid in equal monthly installments from the funds of Newton County: Provided, however, effective July 1, 1972, the judge of the probate court shall receive an annual salary of $14,400.00, to be paid in equal monthly installments from the funds of Newton County., and inserting in lieu thereof the following: a base salary of $15,000.00 per annum, to be paid in equal monthly installments from the funds of Newton County. In addition to such base salary, the judge of the probate court shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a

Page 3269

percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All ItemsUnited States City Average, as such index is calculated for June of each such year and such index as it exists for the month of July, 1977. Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978., so that when so amended, section 1 shall read as follows: Section 1. The present method of compensating the Judge of the Judge of the Probate Court of Newton County, known as the fee system, is hereby abolished and in lieu thereof the judge of the probate court shall receive a base salary of $15,000.00 per annum, to be paid in equal monthly installments from the funds of Newton County. In addition to such base salary, the judge of the probate court shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All ItemsUnited States City Average, as such index is calculated for June of each such year and such index as it exists for the month of July, 1977. Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978. It is specifically provided that the salary provided herein for the judge of the probate court shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind formerly allowed him as compensation for services in the capacity of judge of the probate court. Section 2. This Act shall become effective on July 1, 1977.

Page 3270

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the 1977 General Assembly of Georgia, I will introduce the following legislation: A bill to provide for a change in the compensation of the Judge of the Probate Court of Newton County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. December 21, 1976. Phillip A. Johnson Representative-Elect 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phil Johnson 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 23, 30, 1976 and January 6, 1977. /s/ Phil Johnson Representative, 74th District Sworn to and subscribed before me, this 12th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3271

NEWTON COUNTY SUPERIOR COURTCLERK'S COMPENSATION CHANGED. No. 410 (House Bill No. 150). An Act to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary, approved March 31, 1967 (Ga. L. 1967, p. 2418), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2357), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3003), so as to change the compensation of the Clerk of the Superior Court of Newton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Newton County on an annual salary, approved March 31, 1967 (Ga. L. 1967, p. 2418), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2357), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3003), is hereby amended by striking from section 1 the following: an annual salary of $13,200.00, payable in equal monthly installments from the funds of Newton County: Provided, however, that effective July 1, 1972, the clerk shall receive an annual salary of $14,000.00 payable in equal monthly installments from the funds of Newton County., and inserting in lieu thereof the following: a base salary of $15,000.00 per annum, payable in equal monthly installments from the funds of Newton County. In addition to such base salary, the clerk shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All Items

Page 3272

United States City Average, as such index is calculated for June of each such year and such index as it exists for the month of July, 1977. Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978., so that when so amended, section 1 shall read as follows: Section 1. The present method of compensating the Clerk of the Superior Court of Newton County known as the fee system is hereby abolished and in lieu thereof the clerk shall receive a base salary of $15,000.00 per annum, payable in equal monthly installments from the funds of Newton County. In addition to such base salary, the clerk shall also receive a longevity increase for each year actually served, effective on July 1, for the years 1978, 1979, 1980 and 1981. Such longevity increase for each of said years shall be the lesser of $600 per year or the amount for that year derived by multiplying the base salary by a percentage equal to the difference in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers, All ItemsUnited States City Average, as such index is calculated for June of each such year and such index as it exists for the month of July, 1977. Such longevity increase shall be calculated in June of each such year and shall be payable in equal monthly installments from county funds beginning with the month of July of each such year with the first such increase becoming payable on July 1, 1978. It is specifically provided that the salary provided herein for the clerk of the superior court shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind formerly allowed him as compensation for services rendered in the capacity as clerk of superior court. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3273

Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the 1977 General Assembly of Georgia, I will introduce the following legislation: A bill to provide for a change in the compensation of the Clerk of the Superior Court of Newton County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. December 21, 1976. Phillip A. Johnson Representative-Elect 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phil Johnson 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 23, 30, 1976 and January 6, 1977. /s/ Phil Johnson Representative, 74th District Sworn to and subscribed before me, this 12th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3274

SHERIFF'S SALARY SET IN CERTAIN COUNTIES (500,000 OR MORE). No. 411 (House Bill No. 178). An Act to provide for the compensation of the sheriff of certain counties and the procedure in connection with the payment thereof; to provide for an effective date; to specifically repeal certain laws; to repeal conflicting laws; and for other purposs. Be it enacted by the General Assembly of Georgia: Section 1. The annual salary of the sheriff of all counties in the State having a population of 500,000 or more, according to the 1970 United States Decennial Census, or any future such census, shall be $30,500. Said salary shall be payable in equal monthly installments out of the treasuries of such counties. Section 2. This Act shall become effective upon its approval by the Governor or upon its bcoming law without his approval. Section 3. An Act providing for the salary of the sheriff in certain counties, approved April 18, 1975 (Ga. L. 1975, p. 4510), is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977. CITY OF ATLANTA CHARTER AMENDEDBUDGET PROVISIONS CHANGED, ETC. No. 412 (House Bill No. 278). An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new Charter for said City, approved March 16, 1973 (Ga. L.

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1973, p. 2188), as amended, so as to abolish the Appropriations Committee; to provide for the Mayor to submit the proposed annual budget to the governing body; to renumber certain sections; to provide an effective date; 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, and creating a new Charter for said City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is hereby amended by striking from the first clause of subsection (b) (1) of section 6-301, the phrase Appropriations Committee, and substituting in lieu thereof the word Mayor, so that, as amended, the first clause of said subsection shall read as follows: Annually prepare and file with the governing body for submission to the Mayor the budget revenue anticipations for the City of Atlanta;. Section 2. An Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new Charter for said City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is hereby amended by striking in its entirety section 6-302, entitled Appropriations Committee, which creates an Appropriations Committee, provides for membership on said Committee, and provides for the duties of said Committee. Section 3. Said Act is further amended by relettering subsections (a), (b) and (c) of section 6-303 to become subsections (b), (c) and (d), respectively, and inserting a new subsection before subsection (b), to be designated subsection (a), to read as follows: (a) The Mayor shall prepare and submit the proposed annual budget to the governing body no later than the second regular meeting of the governing body in the first month of the fiscal year.

Page 3276

Section 4. Said Act is further amended by renumbering sections 6-303 through 6-312, inclusive, to become sections 6-302 through 6-311. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1977 Session of the General Assembly of Georgia, which convenes on Monday, January 10, 1977, 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 March 16, 1973 (Ga. L. 1973, pp. 2188), as amended, and for other purposes. This 15th day of December, 1976. William M. (Bill) Alexander Legislative Coordinator City of Atlanta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael Nichols who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official

Page 3277

organ of Fulton County, on the following dates: December 16, 23, 30, 1976 and January 6, 1977. /s/ Michael Nichols Representative, 27th District Sworn to and subscribed before me, this 17th day of January, 1977. /s/ W. M. Alexander Notary Public, Georgia State at Large. My Commission Expires June 30, 1978. (Seal). Approved March 23, 1977. FULTON COUNTY JUDGES' AND SOLICITORS' RETIREMENTBENEFITS INCREASED. No. 413 (House Bill No. 315). 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), by an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), and by an Act approved March 24, 1976 (Ga. L. 1976, p. 3047), so as to provide for increased benefits for service by a member before becoming eligible for retirement; 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 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2803), by an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), and by an Act approved March

Page 3278

24, 1976 (Ga. L. 1976, p. 3047), is hereby further amended by adding a new subsection (c) to section 6 of said Act as so amended, to read as follows: (c). Members who continue to serve after becoming eligible for retirement on full benefits shall be entitled to a one per cent of salary increase in benefits for each year of additional service, provided, that no member shall be entitled to receive or receive benefits amounting to more than sixty-two per cent of his salary at the time of retirement. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1977, 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); by an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), and by an Act approved March 24, 1976 (Ga. L. 1976, p. 3047), so as to provide for increased benefits for service by a member after becoming eligible for retirement; and for any other matters granted to said Act, as amended. This 17th day of December, 1976. E. A. Wright Chairman, Board of Trustees Judges' and Solicitor Generals' Retirement Fund of Fulton County.

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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 20, 27, 1976 and January 3, 1977. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 17th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. TROUP COUNTY SMALL CLAIMS COURTPROVISIONS CONCERNING JUDGE PRO HAC VICE CHANGED. No. 414 (House Bill No. 474). An Act to amend an Act creating a Small Claims Court in Troup County, approved March 23, 1972 (Ga. L. 1972, p. 2369), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 3718), so as to change the provisions thereof relative to the appointment of a judge pro hac vice; to provide for the compensation, duties and qualifications of the judge pro hac vice; to repeal conflicting laws; and for other purposes.

Page 3280

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), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 3718), is hereby amended by striking from section 5 the last paragraph thereof and substituting in lieu thereof the following: Said judge shall also have the authority to hold commitment hearings. Section 2. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. The Judge of the State Court of Troup County shall serve without compensation as the judge pro hac vice of the Small Claims Court of Troup County and discharge the duties of the office of the Judge of the Small Claims Court of Troup County temporarily when the services of a judge pro hac vice are required or when the Judge of the Small Claims Court of Troup County is unable or disqualified to discharge the duties of his office. When the Judge of the State Court of Troup County cannot serve as the judge pro hac vice for any reason and the services of a judge pro hac vice shall be required for any reason, the Judge of the State Court of Troup County may appoint some other qualified person to serve as the Judge Pro Hac Vice of the Small Claims Court. 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, shall 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

Page 3281

person who is a resident of Troup County may be appointed as judge pro hac vice as herein provided. The compensation of such judge pro hac vice appointed by the Judge of the State Court of Troup County shall be set by the Judge of the State Court of Troup County but shall not exceed $25.00 per day, and 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1977 regular session of the General Assembly of Georgia, a bill to amend the Act creating the Small Claims Court of Troup County, so as to change certain of the provisions thereof pertaining to the Judge Pro Hac Vice and to committal hearings; and for other purposes. This 24th day of December, 1976. J. Crawford Ware Representative, 68th District Edwin G. Mullinax Representative, 69th District 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

Page 3282

Troup County, on the following dates: December 24, 31, 1976 and January 7, 1977. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 26th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. TROUP COUNTY BOARD OF COMMISSIONERSELECTION AND COMPENSATION PROVISIONS CHANGED, ETC. No. 415 (House Bill No. 475). An Act to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2226), and by an Act approved February 20, 1970 (Ga. L. 1970, p. 2073), so as to change the provisions relative to the election of the members of said Board; to provide for the election of the Chairman to change the provisions relative to the compensation and expenses of the members of the Board; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended by an Act approved February 26, 1962

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(Ga L. 1962, p. 226), and by an Act approved February 20, 1970 (Ga. L. 1970, p. 2073), is hereby amended by striking subsections (b) through (e) of section 1 in their entirety. Section 2. Said Act is further amended by striking sections 2 and 3 in their entirety and substituting in lieu thereof new sections 2 and 3 to read as follows: Section 2. (a) For the purpose of electing the members of the Board of Commissioners, there shall be five commissioner districts as follows: Commissioner District 1 shall consist of the entire County of Troup. Commissioner District 1 shall consist of the entire County portion of Troup County: Hillcrest CCD 10 ED 8 ED's 9 and 10, those portions east of U. S. Highway 27 Hogansville CCD 15 Mountville CCD 25 Oak Grove CCD 30 Pleasant Grove CCD 35 ED 43 ED 44, except that portion within the corporate limits of the City of LaGrange. Commissioner District 3 shall consist of the following portion of Troup County: Abbottsford CCD 5 Hillcrest CCD 10 ED 9, except that portion within the corporate limits of the City of LaGrange and east of U. S. Highway 27

Page 3284

ED 10, except that portion east of U. S. Highway 27 Pleasant Grove CCD 35 ED 45, except that portion within the corporate limits of the City of LaGrange Tatum CCD 40, except that portion within the corporate limits of the City of LaGrange West Point CCD 45. Commissioner District 4 shall consist of the following portion of Troup County: Hillcrest CCD 10 ED 9, that portion within the corporate limits of the City of LaGrange LaGrange CCD 20 ED 15, those portions north of Greenville Street (Georgia Highway 109) ED's 16, 17, 18, 19, 20, 21 and 22 ED 23, except that portion which lies east of U. S. Highway 27; west of Cooley Street; and south of ED 22 ED's 24, 25, 26 and 36 Pleasant Grove CCD 35 ED 44, that portion within the corporate limits of the City of LaGrange. Commissioner District 5 shall consist of the following portion of Troup County: LaGrange CCD 20 ED 15, those portions south of Greenville Street (Georgia Highway 109) ED 23, that portion which lies east of U.S. Highway 27; west of Cooley Street; and south of ED 32 ED's 27, 28, 29, 30, 31, 32, 33, 34, 35 and 37

Page 3285

Pleasant Grove CCD 35 ED 45, that portion within the corporate limits of the City of LaGrange. Tatum CCD 40, that portion within the corporate limits of the City of LaGrange (b) As used in subsection (a) of this section, the designation `CCD' means `Census County Division', and the designation `ED' means `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. Any portion of Troup County which is not included in any one of Commissioner Districts 2 through 5 as set forth in subsection (a) of this section shall be included within that Commissioner District contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia, County of Troup. (c) The Commissioner elected from Commissioner District 1 shall be the Chairman of the Board of Commissioners. All qualified electors of Troup County shall be eligible to vote for the Chairman of the Board, and he shall be elected by a majority of the voters voting at the elections provided for hereinafter. The Chairman of the Board shall be a full-voting member of the Board of Commissioners. (d) Each of the Commissioners from Commissioners Districts 2 through 5 shall be elected by a majority vote of the qualified electors of Troup County residing within each of the respective Commissioner Districts voting at the elections provided for hereinafter. (e) In order to be eligible to serve as a member of the Board of Commissioners, a person must be at least 25 years of age on the date of his election and must be qualified and registered to vote for members of the General Assembly. All members of the Board shall have resided within Troup County for at least two years immediately preceding the

Page 3286

date of their election, and, in the case of Commissioners from Commissioner Districts 2 through 5, within their respective Commissioner Districts for at least one year immediately preceding their election. In the event a member ceases to be a resident of Troup County during his term of office, and, in the case of a Commissioner from Commissioner Districts 2 through 5, ceases to be a resident of his repsective Commissioner District during his term of office, a vacancy shall thereby be created, which shall be filled in the manner prescribed by section 5 of this Act. (f) All members of the Board of Commissioners shall be nominated and elected in accordance with the provisions of Georgia Code Title 34, known as the `Georgia Election Code', as now or hereafter amended. Section 3. (a) The first members of the Board of Commissioners elected from Commissioner Districts 1 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, 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 two members elected at the general election of 1978, as herein provided, shall be the successors to the two incumbent members of the present Board of Commissioners whose regular terms of office expire on December 31, 1978. (b) The first members of the Board of Commissioners elected from Commissioner Districts 2, 3 and 4 shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, 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. The three members elected at the general election of 1980, as herein provided,

Page 3287

shall be the successors to the three incumbent members of the present Board of Commissioners whose regular terms of office expire on December 31, 1980. (c) During the period beginning on January 1, 1979, and ending on December 31, 1980, of the incumbent members of the present Board of Commissioners whose terms of office expire on December 31, 1980, the one who resides within Commissioner District 2 shall be deemed to be the District 2 Commissioner; the one who resides within Commissioner District 3 shall be deemed to be the District 3 Commissioner; and the one who resides within Commissioner District 4 shall be deemed to be the District 4 Commissioner. 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. (a) The Chairman of the Board of Commissioners shall preside at meetings of the Board and shall have such other duties as may be assigned to him by resolution or ordinance duly adopted by the Board of Commissioners. (b) At the first meeting of the Board held each year, the Board shall elect a Commissioner from District 2, 3, 4 or 5 to serve as Vice Chairman until a successor is elected at the first meeting of the Board held the immediately following year. In the event of a vacancy in the office of the Commissioner serving as Vice Chairman, the Board shall elect another Commissioner to serve as Vice Chairman until the first meeting of the Board held the immediately following year. In the event of a vacancy in the office of Chairman of the Board, the Vice Chairman shall perform the duties and exercise the authority of the Chairman until such vacancy is filled as hereinafter provided. (c) In the event of a vacancy in the membership of said Board of Commissioners because of death, resignation or ceasing to be a resident of a Commissioner District or for any other reason, said vacancy shall be filled as hereinafter provided.

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(1) If the unexpired term is one year or less, the Grand Jury of Troup County shall fill such vacancy for the unexpired term. (2) If the unexpired term is more than one year, such vacancy shall be filled for the unexpired term by a special election called and held in accordance with the applicable provisions of Georgia Code Title 34, known as the `Georgia Election Code' as now or hereafter amended. (3) If the vacancy is in the office of Chairman of the Board (Commissioner District 1), a person filling such vacancy may reside anywhere within Troup County, and the qualified electors of Troup County shall be eligible to vote in a special election to fill such vacancy. If the vacancy is in the office of a Commissioner from Commissioner District 2, 3, 4 or 5, a person filling such vacancy must reside within the Commissioner District wherein the vacancy exists, and only the qualified electors residing within such District shall be eligible to vote in a special election to fill such vacancy. In addition to residency, any person filling a vacancy as herein provided shall have the same qualifications as other members of the Board of Commissioners of Troup County. Section 4. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. (a) The Chairman of the Board of Commissioners shall be compensated in the amount of $3,600.00 per annum payable in equal monthly installments from the funds of Troup County. (b) The members of the Board of Commissioners, other than the Chairman, shall be compensated in the amount of $2,400.00 per annum payable in equal monthly installments from the funds of Troup County. (c) The Chairman and other members of the Board of Commissioners may be reimbursed from county funds for expenses actually incurred by them in carrying out their

Page 3289

official duties in the manner prescribed by ordinance or resolution duly adopted by the Board of Commissioners. Section 5. For the purpose of the elections provided for by subsection (a) of quoted section 3 of section 2 of this Act, this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective on January 1, 1979. 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 1977 regular session of the General Assembly of Georgia, a bill to amend the Act creating a Board of Commissioners for Troup County, so as to change the method and manner of electing the members of the Board; to change the compensation and allowances of the members of the Board; and for other purposes. This 24th day of December, 1976. J. Crawford Ware Representative, 68th District Edwin G. Mullinax Representative, 69th District 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

Page 3290

Troup County, on the following dates: December 24, 31, 1976 and January 7, 1977. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. LANIER COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 416 (House Bill No. 506). An Act to amend an Act creating the office of Tax Commissioner of Lanier County, approved August 26, 1931 (Ga. L. 1931, p. 508), as amended, so as to change the compensation of the tax commissioner; to strike the provisions relating to compensation of clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Lanier County, approved August 26, 1931 (Ga. L. 1931, p. 508), as amended, is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The tax commissioner shall receive an annual salary of $9,600.00, payable in equal monthly installments from the funds of Lanier County.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws 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 forthcoming session of the Georgia General Assembly to change the compensation of the Tax Commissioner in Lanier County. D. W. Slone County Attorney Georgia, Lanier County. Personally appeared before me, an officer duly authorized to administer oaths, John H. Sanders, Jr., who, on oath says that he is publisher of the Lanier County News, the official organ of Lanier County, Georgia, and that the following attached advertisement to introduce local legislation appeared in the Lanier County News in the issues of January 6, 13 and 20, 1977. /s/ John H. Sanders, Jr. Publisher Sworn to and subscribed before me, this 21st day of January, 1977. /s/ D. W. Slone Notary Public, Lanier County, Georgia. (Seal). Approved March 23, 1977.

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BRANTLEY COUNTYCERTAIN OFFICIALS GRANTED COST-OF-LIVING INCREASES. No. 417 (House Bill No. 547). An Act to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, and the Tax Commissioner; to provide for the payment of the cost-of-living increase in compensation out of the general funds of Brantley County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, and the Tax Commissioner of Brantley County shall each receive a cost-of-living increase in compensation of $100.00 per month in addition to their present salaries and expenses. The cost-of-living increase in compensation shall be paid out of the general funds of Brantley County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill providing for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, the Tax Commissioner, the Chairman of the Board of Commissioners, and the members of the Board of Commissioners of Brantley County; to provide for the payment of the cost-of-living increase in compensation

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out of the general funds of Brantley County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 6th day of January, 1977. Paul W. Foster Representative, 152nd District Bobby A. Wheeler Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 13, 20 27, 1977. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. LONG COUNTY BOARD OF EDUCATIONMEMBERSHIP PROVISIONS CHANGED. No. 418 (House Bill No. 582). 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;

Page 3294

to provide for the manner of electing said members; to provide for residency requirements, initial and regular terms of office, officers and compensation of members of the Board of Education; to provide a method for filling vacancies; to provide for other matters relative thereto; to repeal specific Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Long County shall be composed of five citizens of Long County to be elected by the voters of the Long County School District as hereinafter provided. Any member of said Board of Education shall have been a resident of the Long County School District for at least one year prior to the date he takes office as a member of said Board. Section 2. (a) Any qualified resident of Long County wishing to offer for election to the Board of Education created by this Act shall file his notice of candidacy, without regard to political party affiliation, in the office of Judge of the Probate Court of Long County at least 75 days prior to the election in the case of a general election, and at least 15 days prior to the election in the case of the special election provided for in subsection (b) of this section. At the time of filing his notice of candidacy, each such resident offering for election shall pay to the Judge of the Probate Court of Long County the qualifying fee set by the governing authority of Long County in accordance with the provisions of paragraph (1) of subsection (a) of Code section 34-1013 of the Georgia Election Code, as amended. All qualified residents of Long County filing their notices of candidacy, as provided herein, shall appear on the ballot as candidates for election as members of said Board of Education, and party affiliation and numbered posts for such candidates shall not be indicated on the ballot. At the election, all qualified electors of the Long County School District shall be eligible to vote, and the five candidates receiving the highest number of votes cast shall be elected

Page 3295

as the five members of the Board of Education of Long County. (b) The first members of the Board of Education of Long County shall be elected, in the manner provided in subsection (a) of this section, at a special election to be held on the second Wednesday in June, 1977. The Judge of the Probate Court of Long County shall issue the call for such special election at least 29 days prior to the date thereof. Except as provided in subsection (a) of this section, such special election shall be held and conducted in accordance with the provisions of Code Title 34, known as the Georgia Election Code, as amended. The five candidates elected as members of the Board of Education at said special election shall take office on July 1, 1977, for terms ending on December 31, 1980, or until their successors are elected and qualified, as hereinafter provided. (c) Successors to the members elected under subsection (b) of this section shall be elected in the manner provided by subsection (a) of this section at the general election held in 1980 and shall take office on the first day of January, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the same manner 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. Except as provided in subsection (a) of this section, such elections shall be held and conducted in accordance with the provisions of Code Title 34 known as the Georgia Election Code, as amended. Section 3. At the first regular meeting of the Board of Education following the special election provided for in subsection (b) of section 2 of this Act and at the first regular meeting held in January immediately following each general election at which members of the Board of Education are elected, the Board of Education shall elect from its own membership a Chairman of the Board. The Chairman shall serve as such until his successor is elected at the meetings

Page 3296

of the Board as provided herein. The Board of Education shall elect such other officers from its membership as it deems necessary or desirable to serve for such terms as such officers as the Board shall determine. 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. Section 5. 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. Any elections to fill vacancies shall be held in the manner prescribed by section 2 of this Act. Section 6. 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. The heretofore existing Long County Board of Education appointed by the grand jury of Long County shall stand abolished effective July 1, 1977. Section 7. 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), is hereby repealed in its entirety. Section 8. An Act providing for the election of the Board of Education of Long County, approved March 31, 1976 (Ga. L. 1976, p. 3536), is hereby repealed in its entirety. Section 9. This Act shall be effective for the purpose of electing the members of the Long County Board of Education,

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as provided by section 2 of this Act, upon the approval of this Act by the Governor or upon its otherwise becoming law. For all other purposes, this Act shall become effective on July 1, 1977. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice Of Local Legislation. Notice is hereby given that there will be legislation introduced at the 1977 Session of the Georgia General Assembly to allow the qualified voters of Long County to elect the members of the Long County School Board, to set the terms of office, salary and other purposes. /s/ Dewey Rush Representative, 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 Ludowici News which is the official organ of Long County, on the following dates: December 30, 1976 and January 6, 13, 1977. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 14th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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MONROE COUNTYBOARD OF EDUCATION AND SCHOOL BOARD PROHIBITED TO BE CHARGED FOR CERTAIN TAX COLLECTION SERVICES. No. 419 (House Bill No. 589). An Act to amend an Act to abolish the offices of tax collector and tax receiver in and for the County of Monroe, and to create in their stead a county tax commissioner for Monroe County, approved August 28, 1931 (Ga. L. 1931, p. 538), as amended by an Act approved March 12, 1935 (Ga. L. 1935, p. 726), an Act approved March 6, 1939 (Ga. L. 1939, p. 685), an Act approved March 9, 1945 (Ga. L. 1945, p. 1170), an Act approved March 25, 1947 (Ga. L. 1947, p. 580), an Act approved February 25, 1949 (Ga. L. 1949, p. 1174), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3072), an Act approved March 3, 1962 (Ga. L. 1962, p. 2671), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3383), so as to prohibit the governing authority of Monroe County from charging or billing the Board of Education of Monroe County or the Monroe County School Board for any services or duties of the tax commissioner in the collection of certain taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the offices of tax collector and tax receiver in and for the County of Monroe, and to create in their stead a county tax commissioner for Monroe County, approved August 28, 1931 (Ga. L. 1931, p. 538), as amended by an Act approved March 12, 1935 (Ga. L. 1935, p. 726), an Act approved March 6, 1939 (Ga. L. 1939, p. 685), an Act approved March 9, 1945 (Ga. L. 1945, p. 1170), an Act approved March 25, 1947 (Ga. L. 1947, p. 580), an Act approved February 25, 1949 (Ga. L. 1949, p. 1174), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3072), an Act approved March 3, 1962 (Ga. L. 1962, p. 2671), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3383), is hereby amended by adding a new section thereto, to be designated section 7A, to read as follows:

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Section 7A. The governing authority of Monroe County is hereby prohibited from charging any fee or commission of, or otherwise billing, the Board of Education of Monroe County or the Monroe County School District for any services or duties of the tax commissioner with respect to the collection of any taxes of, or for the benefit of, the board of education or the school district. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act to abolish the offices of tax collector and tax receiver in and for the County of Monroe, and to create in their stead a county tax commissioner for Monroe County, approved August 28, 1931 (Ga. L. 1931, p. 538), as amended, so as to prohibit the governing authority of Monroe County from charging or billing the Board of Education of Monroe County or the Monroe County School Board for any services or duties of the tax commissioner in the collection of certain taxes; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1977. /s/ Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of

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Monroe County, on the following dates: January 5, 12, 19, 1977. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITYMANDATORY MEMBERSHIP ELIMINATED. No. 420 (House Bill No. 640). An Act to amend an Act known as the Augusta-Richmond County Coliseum Authority Act, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 3207) and an Act approved April 25, 1975 (Ga. L. 1975, p. 4681), so as to delete the mandatory provision relating to the appointment of elected officials on said 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 Augusta-Richmond County Coliseum Authority Act, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 3207) and an Act approved April 25, 1975 (Ga. L. 1975, p. 4681), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows:

Page 3301

Section 2. (a) Augusta-Richmond County Coliseum AuthorityThere is hereby created a body corporate and politic to be known as the Augusta-Richmond County Coliseum Authority, and which shall be deemed to be a political sub-division of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of ten (10) members, to be appointed by the City Council of Augusta and the Board of Commissioners of Richmond County, Georgia, for terms as follows: two (2) members shall be appointed for terms of one (1) year; two (2) members shall be appointed for terms of two (2) years; two (2) members shall be appointed for terms of three (3) years; two (2) members shall be appointed for terms of four (4) years; and two (2) members shall be appointed for terms of five (5) years; and thereafter, upon the expiration of such terms, successors shall be appointed for a term of five (5) years. The Board of Commissioners of Richmond County, Georgia, shall appoint five (5) members of the Authority whose initial appointment shall be for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, and their successors; and the remaining five (5) members and their successors shall be appointed by the City Council of Augusta. All members of the Authority shall be residents of the area governed by the governing body which shall appoint them. (b) Immediately after their appointment, the members of the Authority shall enter upon their duties. They shall elect one of their number as chairman, another as vice chairman, and may also elect a secretary and/or treasurer, who need not necessarily be a member of the Authority. (c) The chairman and vice chairman, secretary and treasurer shall serve for a period of one (1) year and until their successors are appointed and qualified. Six (6) members of the Authority shall constitute a quorum. (d) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing

Page 3302

body which appointed such members shall appoint a person meeting the qualifications above set out for membership to serve the remainder of the term of such member. (e) No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority. (f) The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution or question. (g) The members of the Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that local legislation will be introduced at the January-February 1977 session of the General Assembly of Georgia to change the Augusta-Richmond County Coliseum Authority Act where it contains mandatory provisions as to appointment of elected officials. 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 South-eastern Newspapers Corporation, publishers of the Augusta Herald, a daily newspaper in Augusta, Georgia, in said State

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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 16, 23, 30, 1976. /s/ W. S. Morris, III Sworn to and subscribed before me, this 5th day of January, 1977. /s/ E. Arlyene Armstrong Notary Public, Richmond County Georgia My Commission Expires Feb. 19, 1977. (Seal). Approved March 23, 1977. WALKER COUNTY WATER AND SEWERAGE AUTHORITY ACT. No. 421 (House Bill No. 668). An Act to create the Walker County Water and Sewerage Authority; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to confer powers and impose duties on the Authority; to provide for the membership and the appointment of members of the Authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation and expenses; to authorize the Authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities

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of the Authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority and to pay the cost of such undertaking or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Walker County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the Authority to condemn property of every kind; to authorize the issuance of funding and/or refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; 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. Short title. This Act shall be known and may be cited as the Walker County Water and Sewerage Authority Act. Section 2. Walker County Water and Sewerage Authority. (a) There is hereby created a body corporate and politic, to be known as the Walker 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 and complain and defend in all courts of law and equity. The Authority shall have perpetual existence. (b) The Authority shall consist of five members who shall be appointed by the Commissioner of Walker County. The

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Commissioner of Walker County shall be eligible and qualified to be appointed and serve as a member of the Authority, and the Commissioner may appoint himself as one of the members of the Authority. The initial members of the Authority shall be appointed by the Commissioner of Walker County as follows: one member shall be appointed for a term of office expiring on June 1, 1978; one member shall be appointed for a term of office expiring on June 1, 1979; one member shall be appointed for a term of office expiring on June 1, 1980; one member shall be appointed for a term of office expiring on June 1, 1981; and one member shall be appointed for a term of office expiring on June 1, 1982. The initial members of the Authority shall take office immediately upon their appointment and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed by said Commissioner of Walker County in the month of May immediately preceding the expiration of a member's term of office and such successor shall take office on the first day of June for a term of five years and until his respective successor is duly appointed and qualified. Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments the members of such Authority shall enter upon their duties. The members of the Authority shall be entitled as compensation for their services an amount not to exceed $1,200.00 per year, payable in equal monthly payments, except the Chairman, who shall be entitled to receive for his services an amount not to exceed $1,500.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the Authority. (c) To be eligible for appointment as a member of the Authority a person shall be at least twenty-one years of age, a resident of Walker County for at least two years prior to the date of his appointment, and shall not have been convicted of a felony.

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(d) The Commissioner of Walker County shall be the Chairman of the Authority, if the Commissioner is a member of the Authority. If the Commissioner is not a member of the Authority, the members of the Authority shall elect one of their number as Chairman. Also, the members of the Authority shall elect one of their number as Vice Chairman and shall also elect a Secretary, who need not be a member of the Authority, and may also elect a Treasurer, who need not be a member of the Authority. The Secretary may also serve as Treasurer. If the Secretary and/or Treasurer are not members of the Authority such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The Chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution or question. (e) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority. (f) In the event of a vacancy by reason of death, disqualification, resignation or other reason, the Commissioner of Walker County shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the Authority who is convicted of a felony or who enters a plea of nolo contendere thereto, who is convicted of a crime involving moral turpitude or enters a plea of nolo contendere thereto, who moves his residence from Walker County, who is convicted of any act of misfeasance, malfeasance or nonfeasance of his duties as a member of the Authority or who fails to attend any regular or special meeting of the Authority for a period of six months without excuse approved by a Resolution of the Authority. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:

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(a) The word Authority shall mean the Walker County Water and Sewerage Authority created by this Act. (b) The word project shall be deemed to mean and include the acquisition, construction and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of Walker County, and the operation, maintenance, additions, improvements and extension 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 mean and include the acquisition, construction and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, 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 Walker County, and the operation, maintenance, additions, improvements and extensions of such facilities so to assure an adequate sewerage system deemed by the Authority necessary or convenient for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the Authority, may be combined at any time into a water and sewerage system as one revenue producing undertaking and operated and maintained as such. (c) The term cost of the project shall mean and embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural, fiscal agents' and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative

Page 3308

expense, and such other expenses as may be necessary or incident to the financing herein authorized, the cost of the acquisition or construction of any project, the placing of any project in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms Revenue Bonds and Bonds as used in this Act, shall mean revenue bonds as defined and provided in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and/or extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The Authority shall have the power: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem

Page 3309

proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the Authority of this Act, and in any proceedings to condemn, such orders may be made by the Court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of propects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected or acquired. Any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties and other political subdivisions and to the Authority to enter into contracts, lease agreements or other undertakings relating to the furnishing of water and related services and facilities by the Authority to such

Page 3310

municipal corporations, counties and political subdivisions or for the purchase of water by the Authority therefrom for a term not exceeding fifty years, and also to enter into contracts, lease agreements or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the Authority for such municipal corporations, counties and political subdivisions or by such municipal corporations, counties or political subdivisions for the Authority. Likewise, without limiting the generality of the above and foregoing the same authority above granted to municipal corporations, counties, political subdivisions and to the Authority relative to entering into contracts, lease agreements or other undertakings, is hereby authorized between the Authority and private corporations, both within and without the State of Georgia, and the Authority and public bodies including counties and cities outside the State of Georgia; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof: (g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (i) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds

Page 3311

pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and approve, execute and deliver appropriate evidence of such indebtedness, provided, no such power is in conflict with the Constitution or general laws of this State; and (k) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of bonds. Section 6. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority

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may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Section 7. Same; Signatures; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official Seal of the Authority shall be affixed thereto and attested by the Secretary of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. Section 8. Same; Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds, their transfer and the income therefrom shall be exempt from all taxation within the State. Section 9. Same; Sale; Price; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose and/or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds. Section 10. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of any definitive

Page 3313

bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; Replacement of Lost or Mutilated bonds. The Authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. Section 12. Same; Conditions Precedent to Issuance. Such Revenue Bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, Revenue Bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of Revenue Bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such Resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 13. Credit not Pledged. Revenue Bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Walker County nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such Revenue Bonds shall not directly, indirectly or contingently obligate said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust Indenture as Security. In the discretion of the Authority, any issuance of such Revenue Bonds may be secured by a Trust Indenture by and between the Authority and a Corporate Trustee, which may be any Trust Company or Bank having the powers of a Trust Company

Page 3314

within or without the State. Such Trust Indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of Revenue Bonds or such Trust Indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the Trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 15. To Whom Proceeds of Bonds shall be Paid. In the resolution providing for the issuance of Revenue Bonds or in the Trust Indenture, the Authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust

Page 3315

company which, shall act as Trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or Trust Indenture may provide. Section 16. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 17. Remedies of Bondholders. Any holder of Revenue Bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the Trustee

Page 3316

under the Trust Indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the Trust Indenture, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or Trust Indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or Trust Indenture to be performed by the Authority or any officer thereof, including the fixing, charging and collecting of revenues, fees, tolls and other charges for the use of the facilities and services furnished. Section 18. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to

Page 3317

such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and the State and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Walker County Water and Sewerage Authority. Section 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Walker County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said Court which shall have exclusive, original jurisdiction of such actions. Section 21. Interest of Bond Holders Protected. While any of the bonds, issued by the authority remain outstanding, the powers, duties or existence of said Authority or its officers, employees or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bond, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Monies received considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the Authority. Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of acquiring an

Page 3318

adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Walker County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the Authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems or furnishing sewer facilities to such customers, and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The Authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity. The Authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing bodies of said municipality, and likewise, the Authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a water system, a sewerage system or a combined water and sewerage system, and to

Page 3319

pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed and or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 26. Tort Immunity. The Authority shall have the same immunity and exemption from liability for torts and negligence as Walker County; and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Walker County when in the performance of their public duties or work of the County. Section 27. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Effect on other Governments. This Act shall not and does not in any way take from Walker County or any municipality located therein or any adjoining county the authority to own, operate and maintain a water system, a sewerage system, or a combined water and sewerage system, or to issue revenue bonds as is provided by the Revenue Bond Law. Section 29. Liberal Construction of Act. This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.

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Section 30. Severability; Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 31. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Section 32. Effective Date. This Act shall become effective as of the date on which it is signed by the Governor of Georgia or as of the date on which it becomes law without the approval of the Governor. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to create the Walker County Water and Sewerage Authority; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation and expenses; to authorize the Authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the Authority and to execute means and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority and to pay

Page 3321

the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Walker County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the Authority by [sic] condemn property of every kind; to authorize the issuance of funding and or refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 11th day of January, 1977 Norman S. Fletcher Attorney for Walker County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 12, 19, 26, 1977. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commissioner Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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WALKER COUNTY TAX COMMISSIONER'S OFFICESALARY AND EXPENSE FUND CREATED. No. 422 (House Bill No. 674). An Act to amend 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), an Act approved March 25, 1974 (Ga. L. 1974, p. 3311), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3795), so as to provide for the creation of a special fund from which salaries and expenses of the office of Tax Commissioner shall be paid; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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), an Act approved March 25, 1974 (Ga. L. 1974, p. 3311), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3795), is hereby amended by adding thereto a new section, immediately following section 2 thereof, to be designated as section 2A and to read as follows: Section 2A. There is hereby created a special fund which shall consist of all of the commissions payable to the Tax Collector or Tax Commissioner under the provisions of section 12 of the Act approved February 1, 1946 (Ga. L. 1946, p. 206), the same being codified as section 32-1106 of the Code of Georgia Annotated. All of said commissions shall be collected by the Tax Commissioner and shall be paid to and delivered to the proper fiscal authority of the County who

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shall place the same in a special fund to be known as the `Walker County School Tax FundTax Commissioner's Office Fund'. Said fund shall be held by the proper fiscal authority of the County, which is the governing authority of Walker County, and shall be used and expended for the following purposes, to wit: Payment of the salary of the Tax Commissioner of Walker County; payment of the salary of the various deputies, clerks, assistants and other personnel of the Office of Tax Commissioner of Walker County; other necessary operating expenses of the Office of Tax Commissioner of Walker County including services, supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof. Said purposes shall be considered as and are hereby deemed to be expenditures for the support and maintenance of public schools, public education and activities necessary or incidental thereto. Any portion of said special fund which has not been expended for the purposes hereinabove provided within twelve months from the date the same was paid and delivered to the proper fiscal authority of Walker County by the Tax Commissioner shall be deemed to have been funds not needed for the above stated purposes and shall then immediately be paid directly by the proper fiscal authority of Walker County, Georgia, to the Board of Education of Walker County, Georgia, to be used for any purposes for which said Board is authorized to expend the funds. The funds delivered to and held in the special fund created hereby shall be considered expended on a first in-first out basis. 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 Tax Commissioner shall receive for his services as such an annual salary of $16,200.00 payable in equal monthly installments. Said salary shall be paid from the special fund created by and provided for in section 2A of this Act. If said special fund has insufficient funds with which to pay all of said salary, the special fund shall first be extinguished for said purpose and the remainder of said salary, shall be paid from the general funds of the County.

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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. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the Tax Commissioner shall be received, collected and held by him as public funds belonging to Walker County; provided, however, that the commissions referred to in section 2A of this Act shall be received, collected and held by him as public funds belonging to Walker County which can only be used and expended by Walker County for the purposes enumerated in section 2A of this Act, and in the manner provided for in said section 2A of this Act. Once each month the Tax Commissioner shall turn over to the fiscal authority of said County all funds collected by him with a detailed, itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the Tax Commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. The Tax Commissioner is expressly required to sell motor vehicle license plates and all profits and fees from such sales shall be turned over to the fiscal authority of Walker County. In the event that the said Tax Commissioner should receive compensation from the sale of license plates or other commissions provided by law, then the salary herein provided for said official shall be reduced in the same amount as any fees or compensation collected. Section 4. Said Act is further amended by striking section

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5 thereof in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. (a) The Tax Commissioner shall 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 $35,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly. Said salaries shall be paid from the special fund created by section 2A of this Act. If said special fund has insufficient funds with which to pay all of said salaries, the special fund shall first be extinguished for said purposes and the remainder of said salaries shall be paid from the general funds of the County. (b) There shall be set aside by the governing authority of Walker County an emergency fund of $5,000.00, 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, from time to time, recommend to the governing authority 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 governing authority 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 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:

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Section 6. The necessary operating expenses of the Office of Tax Commissioner, expressly including the compensation of all personnel and employees, shall be paid from the special fund created by section 2A of this Act, and if said special fund has insufficient funds with which to pay all of said expenses, the special fund shall first be extinguished for said purposes and the remainder of said expenses shall be paid from the general funds of the County. All services, supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the duties of the Office of Tax Commissioner, shall be furnished by the County and shall be paid for from the special fund created by section 2A of this Act, and if said special fund has insufficient funds with which to pay all of said expenses, the special fund shall first be extinguished for said purposes and the remainder of said expenses shall be paid from the general funds of the County. The determination of such requirements for such office shall be at the discretion of the Tax Commissioner. Section 6. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend 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), an Act approved March 25, 1974 (Ga. L. 1974, p. 3311), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3795), so as to add a new section creating a special fund to be known as the Walker County School Tax FundTax Commissioner's Office

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Fund, to provide what funds shall be placed in said special fund and what purposes said special fund can be used for; to provide for the compensation of the Tax Commissioner and from what funds said compensation shall be paid; to provide for the rights, duties and liabilities of said office of Tax Commissioner; to provide for personnel in the office of the Tax Commissioner, their compensation and the payment of expenses and the funds from which said compensation and expenses shall be paid; to provide that there shall be set aside by the County Commissioner of Walker County an emergency fund, and to provide for the practices, procedures and requirements in connection therewith; to provide for the payment of the operating expenses of the office of Tax Commissioner and the funds from which said expenses shall be paid; to provide an effective date; to repeal conflicting laws; and for other purposes. This 14th day of December, 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: December 15, 22 and 29, 1976. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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CARROLL COUNTY CORONER'S COMPENSATION CHANGED. No. 423 (House Bill No. 712). 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), as amended by an Act approved March 24, 1976 (Ga. L. 1976, p. 3135), so as to change the compensation of the Coroner; to remove the provisions relating to mileage allowances; to provide 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), as amended by an Act approved March 24, 1976 (Ga. L. 1976, p. 3135), is hereby amended by striking from section 2 the following: $150.00, and inserting in lieu thereof the following: $200.00, and by striking from said section 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 $200.00, payable monthly from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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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 1977 session of the General Assembly of Georgia, a bill 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), as amended; and for other purposes. This the 30 day of December, 1976. Gerald Johnson Representative, 66th District Tom Glanton Representative, 66th District Edd Duncan Senator, 30th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Johnson who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Gerald Johnson Representative, 66th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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FULTON COUNTYDISTRICT ATTORNEY TO APPOINT CRIME INVESTIGATORS, ETC. No. 424 (House Bill No. 726). An Act to amend an Act approved March 15, 1943 (Ga. L. 1943, p. 971), creating a Civil Service Board in Fulton County, as amended, so as to provide for the filling of vacancies as crime investigators and members of the intelligence squad of the district attorney's office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 15, 1943 (Ga. L. 1943, p. 971), creating a Civil Service Board in Fulton County, as amended, is hereby amended by adding at the end of section 7 the following: Provided, however, that vacancies as crime investigators and members of the intelligence squad of the district attorney's office may be filled by the district attorney by the appointment of any person who shall have the qualifications to take the examination for such position. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1977, to amend an Act approved March 15, 1943 (Ga. L. 1943, p. 971) creating a civil service board in Fulton County, as amended, so as to provide for the filling of vacancies as Crime Investigators and members of the Intelligence Squad of the District Attorney's Office, and for other purposes. This 14th day of January, 1977. Lewis R. Slaton District Attorney Atlanta Judicial Circuit

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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 17, 24 and 31, 1977. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. GWINNETT COUNTY STATE COURT RE-CREATED. No. 425 (House Bill No. 733). An Act to continue and re-create the State Court of Gwinnett County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to authorize the clerk to issue criminal warrants; to specify fees; to provide for transfer of certain matters from the Superior Court of Gwinnett County; to provide for institution of criminal cases; to provide for appeals; to provide for selection and number of jurors; to provide for election of a judge and a solicitor of the court; to provide for qualifications, duties, and compensation of such

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officers; to prohibit the judge and solicitor from engaging in the active practice of law; to provide for disposition of certain fees; to provide for appointment of a solicitor pro tempore; to provide that the Clerk of the Superior Court of Gwinnett County shall serve as clerk; to provide for the clerk's compensation; to provide for an official stenographer; to limit agreements of counsel; to provide for continuance of certain matters and proceedings; to repeal an Act to establish the State Court of Gwinnett County, approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 2839), an Act approved March 7, 1955 (Ga. L. 1955, p. 2833), an Act approved March 29, 1965 (Ga. L. 1965, p. 2810), an Act approved March 31, 1967 (Ga. L. 1967, p. 2377), an Act approved March 29, 1973 (Ga. L. 1973, p. 2446), an Act approved April 10, 1973 (Ga. L. 1973, p. 2602), and an Act approved March 31, 1976 (Ga. L. 1976, p. 4019); to provide for all other matters relative to the foregoing; 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. Continuance and re-creation of court. There is hereby continued and re-created the State Court of Gwinnett County, which shall have the power, jurisdiction and method of procedure hereinafter provided. Section 2. Location of court. The State Court of Gwinnett County shall be located at Lawrenceville in Gwinnett County and shall have territorial jurisdiction coextensive with the limits of said county. Section 3. Jurisdiction; demand for jury trial. (a) The State Court of Gwinnett County shall have jurisdiction to entertain, hear, try and determine all civil and criminal cases concurrent with the Gwinnett Superior Court except such civil and criminal cases, the jurisdiction of which is vested exclusively in the superior court. The jurisdiction herein conferred shall include cases involving title to personalty

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trover and attachment and garnishment proceedings, distress warrants and possessory warrants. Said court shall have jurisdiction as the superior court of appeals from the justice's courts of said county. (b) In all criminal cases, the judge of said court shall be the judge of both questions of fact and of law unless the person subject to be tried shall, before pleading to the charge against him, or the State shall, demand a jury trial, it being the purpose hereof to eliminate trial by jury unless demanded by the person charged or by the State. Upon either such timely demand being made, such person shall be tried by jury, as is hereinafter provided. (c) In all civil cases the judge shall be the judge of all questions of fact and of law unless either party to such proceeding shall, before the time expires for filing defensive pleadings, file a written demand for a jury trial. Upon such demand being timely filed, the case shall be tried by a jury as hereinafter provided unless such demand for trial by jury is withdrawn before the call of the case for trial. When a demand for trial by jury is filed, the same shall not be withdrawn without the consent of the opposite party. Section 4. Practice and procedure. (a) When applicable and except as otherwise provided in this Act, the rules of practice, forms of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the superior courts of this State, shall be adopted and followed in the State Court of Gwinnett County. (b) All writs, process, summons, and the like, shall issue, run, be served, and directed in the same manner and to like purpose as in the superior court, except they shall be issued and annexed by the Clerk of the State Court of Gwinnett County and shall bear teste in the name of the judge of said court. (c) The provisions of the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, and all modifications or amendments thereto hereafter

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adopted shall apply, as to all matters pertaining to service, pleading and practice, to all cases in the State Court of Gwinnett County except those proceedings specifically excepted in section 81 of said Act. (d) Except as otherwise provided in this section, all demurrers, pleas and answers shall be filed on or before the first day of the term of the court to which the case is returnable, unless time is granted by the court, otherwise the case shall be in default, and so marked and at said return term judgment or verdict may be taken as the case may require. Section 5. Terms of court. The State Court of Gwinnett County shall have monthly terms which shall be held on the fourth Monday in each month in Lawrenceville in said county and such terms shall remain open for the transaction of business until the next succeeding term. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court. Section 6. Costs. In all civil proceedings in the State Court of Gwinnett County, when the principal amount, excluding interest and fees, shall not be more than $200.00 the total costs shall be $10.00. Except for the costs provided herein, practice and procedure in such cases shall be as for cases where the principal amount, excluding interest and fees, shall exceed $200.00. Section 7. Issuance of criminal warrants by clerk; fees. The Clerk of the Superior Court of Gwinnett County is hereby empowered to issue criminal warrants in the same manner and under the same procedure as that provided for justices of the peace, and any warrants so issued by the clerk shall be returnable to any judicial officer of this State. For issuance of each such warrant the clerk shall collect the same fee therefor as that provided for the issuance of such warrants by justices of the peace and all such fees shall be held by the Clerk of the Superior Court of Gwinnett County and shall be the property of Gwinnett

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County. Such fee shall be turned over to the proper authority of Gwinnett County in the same manner as other fees collected by the clerk. It is the intent and purpose of this section to implement the provisions of the amendment to the Constitution proposed by an Act of the General Assembly of Georgia set forth in Ga. L. 1966, p. 1062, and ratified and adopted as provided by law. Section 8. Transfer of indictment or presentment from superior court. Any indictment or presentment by the Grand Jury of Gwinnett County, in cases of which the State Court of Gwinnett County has jurisdiction under this Act, may from time to time, be transferred by the Judge of the Superior Court of Gwinnett County to the State Court of Gwinnett County and shall thereafter stand for trial in said court. Provided, however, that upon the final trial or determination of any indictment or presentment so transferred to said State Court that the District Attorney of the Gwinnett Judicial Circuit shall be paid from the fine or forfeiture that may be collected in said particular case the accrued costs to which he would be entitled for his work in obtaining such indictment or presentment before the Grand Jury of Gwinnett County, to the amount of $5.50. Section 9. Transfer of civil action from superior court. Any case of a civil nature pending in the Superior Court of Gwinnett County at the time of the passage of this Act, or thereafter, of which the State Court of Gwinnett County has jurisdiction under this Act may be transferred by the Judge of the Superior Court to the State Court of Gwinnett County by consent of counsel of all parties, and shall thereafter stand for trial in said court as though originally filed therein. Section 10. Institution of criminal cases. All prosecutions in criminal cases instituted in the State Court of Gwinnett County shall be by written accusation made by the solicitor, based upon affidavit, setting forth plainly the offense charged in terms of the law, upon which shall be entered the name of the prosecutor, if any, but the solicitor may, in his discretion, make such accusation and proceed to trial thereon without affidavit as the basis therefor.

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Section 11. Writ of error to court of appeals or supreme court. Any case tried in the State Court of Gwinnett County may be carried by writ of error, upon bill of exception, to the Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the same manner and under the same rules of procedure as in the superior court. Section 12. Juries. (a) The Clerk of the State Court of Gwinnett County shall prepare a jury list and jury box for said court which shall contain the names of all grand and petit jurors of said county appearing from time to time on the jury list of the superior court of said county, from which jurors shall be drawn, selected, chosen and summoned for service in the State Court of Gwinnett County, in the same manner as is done in the superior court. Jurors in said State court shall receive the same per diem as compensation for service therein, as in the Superior Court of Gwinnett County, and shall be paid by the County of Gwinnett in the same way and out of like funds as jurors are paid in the superior court. (b) 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. (c) The jury, for the trial of all civil and criminal cases tried in the State Court of Gwinnett County, shall be composed of 6 members. Said trial jury shall be selected from a panel of 12 jurors. Each side in all civil actions being tried by a jury shall be entitled to 3 peremptory strikes from such panel of 12, and the remaining 6 jurors shall serve as the trial jury. In all criminal matters being tried by a jury, the State shall be entitled to 2 peremptory strikes and

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the defendant shall be entitled to 4 peremptory strikes from such panel of 12 jurors, and the remaining 6 jurors shall serve as the trial jury. Section 13. Judge; election; qualifications; prohibition on practice of law. (a) There shall be a Judge of the State Court of Gwinnett County who shall be elected by the qualified voters of Gwinnett County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected, except that the judge shall be elected at the general election for State and county officers to be held in the year 1978, for a term of 4 years beginning January 1, 1979, and at the general election for State and counties to be held every 4 years thereafter for each succeeding term of 4 years, and said judge shall hold office until his successor is elected and qualified. (b) The judge of said court shall be at least 28 years of age, shall have practiced law at least 5 years and resided in Gwinnett County for 2 years prior to his taking office. He shall take and subscribe in substance the oath of office as is prescribed for judges of the superior courts. He shall be vested with all the power and authority of judges of the superior courts. He shall be invested with all the power and authority of judges of the superior courts as to all matters, except as are exclusively conferred upon the judges of the superior courts by the Constitution and laws of this State. (c) The judge shall be paid a salary of $28,000.00 per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judge shall be an expense of said court. (d) During the term for which he is elected, the judge shall not engage in the active practice of law except as is required by his duties as judge. Section 14. Solicitor; election; qualifications; prohibition on practice of law. (a) There shall be a Solicitor of the State Court of Gwinnett County who shall be elected by the

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qualified voters of Gwinnett County at the same time and under the same rules and regulations as other county officers are now elected, except that the solicitor shall be elected at the general election for State and county officers to be held in the year 1978 for a term of 4 years beginning January 1, 1979, and at the general election for State and county officers to be held every 4 years thereafter for each succeeding term of 4 years, and said solicitor shall hold office until his successor is elected and qualified. (b) The solicitor of said court shall be at least 25 years of age, shall have practiced law at least 3 years and resided in Gwinnett County 2 years prior to his taking office. He shall take the same oath of office as is prescribed for district attorneys of the State. He shall represent the State and shall prosecute all criminal cases in the State Court of Gwinnett County, and such criminal cases as shall be carried to the appellate courts of Georgia. (c) The solicitor shall be paid a salary of $24,000.00 per annum, payable monthly out of the treasury of said county by the office of the county authorized to pay out such funds. The salary of said solicitor shall be an expense of said court. (d) During the term for which he is elected, the solicitor shall not engage in the active practice of law except as is required by his duties as solicitor. Section 15. Fees of solicitor; not to be retained. The Solicitor of the State Court of Gwinnett County shall not be entitled to any fees and costs, but there shall exist for the office of Solicitor of the State Court of Gwinnett County, for the use of the County of Gwinnett, the same schedule of fees and costs as is prescribed for the office of District Attorney of the Superior Courts of the State of Georgia, or which may hereafter be prescribed, which fees and costs shall be collected by the clerk of said court as other fees and costs are collected and shall be paid by him into the treasury of Gwinnett County on or before the first day of each month after collected. All fines and forfeitures of said court shall be collected by the clerk thereof and, after the

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payment of the costs of the officers of said court in that particular case in which said fine was imposed or the forfeiture arose, including the cost of the commitment courts, if any, the said clerk shall pay one-half thereof into the treasury of Gwinnett County, not later than the first day of each month after collected, to be used for any lawful purpose. The other one-half thereof, shall go to pay any insolvent cost due the clerk, sheriff, and committing courts of said court, which has accrued in such calendar year: Provided, however, if at the end of each calendar year the said one-half thereof is more than sufficient to pay all insolvent cost accruing during said year, the surplus, if any, shall be paid into said county treasury as above provided. The clerk of said court shall keep a detailed record of all fines and forfeitures collected in said court, and the disposition made thereof, which shall be subject to inspection and audit at any time. Section 16. Solicitor pro tempore; appointment by judge. In the absence of the Solicitor of the State Court of Gwinnett County for any reason, the judge may appoint a solicitor pro tempore, who shall have the same authority while so acting as said solicitor, and shall be paid by the solicitor such reasonable amount for the service as the judge of said court shall determine. Section 17. Clerk of superior court as clerk of State court. (a) The Clerk of the Superior Court of Gwinnett County shall be, by virtue of his office, the Clerk of the State Court of Gwinnett County and the sheriff of said county shall likewise be the sheriff of said State court and each shall receive respectively the same fees for services in said court as are allowed them by law for like service in the superior court. The clerk shall provide all necessary dockets, writs and minute books, and such printed forms, and the like as may be necessary for said court which shall be paid for by the County of Gwinnett in like manner as such items in the superior court. (b) in addition to the compensation of the clerk as provided in subsection (a), the clerk shall receive from the

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funds of Gwinnett County in equal monthly installments the additional sum of $1,500.00 per annum as compensation for the additional services required of him while acting as the clerk of said court. Section 18. Official stenographer; appointment by judge. The Judge of the State Court of Gwinnett County may appoint an official stenographer for said court who shall report such cases as the court may require. He shall receive the same fees as allowed for similar service in the superior court, and which shall be taxed and enforced as in the superior court. Section 19. Argument of counsel; limitation. Argument of counsel in all cases in the State Court of Gwinnett County shall be limited to one-half an hour on the side except by leave of the court. Section 20. With respect to any matter or proceeding pending before the State Court of Gwinnett County on the day prior to the effective date of this Act, the said matter or proceeding shall continue as if this Act had not become effective and shall in no manner be terminated, abated, or otherwise adversely or prejudicially affected as a result of this Act becoming effective. Section 21. An Act to establish the State Court of Gwinnett County, approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 2839), an Act approved March 7, 1955 (Ga. L. 1955, p. 2833), an Act approved March 29, 1965 (Ga. L. 1965, p. 2810), an Act approved March 31, 1967 (Ga. L. 1967, p. 2377), an Act approved March 29, 1973 (Ga. L. 1973, p. 2446), an Act approved April 10, 1973 (Ga. L. 1973, p. 2602), and an Act approved March 31, 1976 (Ga. L. 1976, p. 4019), is hereby repealed in its entirety. Section 22. This Act shall become effective on January 1, 1979, except the provisions of section 13 (a) and (b) and section 14 (a) and (b) shall become effective January 1, 1978, for the purpose of electing the Judge and the Solicitor

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of the State Court of Gwinnett County at the general election to be held in November 1978. 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 section, 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 orginally 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a City Court for the County of Gwinnett (now known as the State Court of Gwinnett County), approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, so as to change the salary of the Judge and the Solicitor of the Court, to provide that the Judge and Solicitor of the Court would serve full time and for other purposes. 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 News/Daily which is the official organ of Gwinnett County, on the following date: January 5, 1977. /s/ Vinson Wall Representative, 61st District

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Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a City Court for the County of Gwinnett (now known as the State Court of Gwinnett County), approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, so as to change the salary of the Judge and the Solicitor of the Court, to provide that the Judge and Solicitor of the Court would serve full time and for other purposes. 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 Lawrenceville Home Weekly which is the official organ of Gwinnett County, on the following dates: December 22, 29, 1976. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. *Note: Legal organ changed January 1, 1977. See attached affidavit for third ad.

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TOWN OF PORTERDALECOUNCIL MEETINGS CHANGED. No. 426 (House Bill No. 736). An Act to change the date for meetings of the Council of the Town of Porterdale; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective May 1, 1977, the regular monthly meeting of the Council of the Town of Porterdale is hereby changed from the first Monday night in each month to the third Monday night in each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the 1977 General Assembly of Georgia, I will introduce the following legislation. A bill to provide for a change in the meeting night of the City Council of Porterdale, Georgia from the first Monday night of each month to the third Monday night of each month; to repeal conflicting laws; and for other purposes. January 10, 1977. Phillip A. Johnson Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned Authority, duly authorized to administer oaths, Phil Johnson who, on oath, deposes and says that he is Representative from the

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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 13, 20, and 27, 1977. /s/ Phil Johnson Representative, 74th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. RICHMOND COUNTYSIGNING OF CERTAIN CHECKS, ETC., BY FACSIMILE SIGNATURE AUTHORIZED. No. 427 (House Bill No. 753). An Act 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), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435) and an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), so as to provide for the signing of all checks, drafts and orders by the facsimile signature of the respective officials; to provide 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 Regulate Public Instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435)

Page 3345

and an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), is hereby amended by striking from subsection (f) of section 7 thereof the words, Payroll checks, and substituting in lieu thereof the following: All checks, drafts and orders, so that when so amended subsection (f) of section 7 shall read as follows: (f) The County School Fund, Custody and Disbursement. The county school fund shall consist of all monies belonging to the Board of Education and not forming of any trust fund and shall be kept in a bank or banks in Richmond County designated by the Board, subject to any law of the State of Georgia relating to the deposit of public funds. The officer responsible for the collection of taxes in Richmond County shall deposit the proceeds of the annual tax levy made by the County Board of Education of Richmond County in the said bank or banks. A certificate of deposit from the bank shall constitute a sufficient receipt for all payments into such fund. Money shall be paid out of the county school fund only on orders signed by the president or vice-president and the secretary or controller of the Board of Education. All checks, drafts and orders may be signed by facsimile signature of the respective officers. The employee having custody of the payroll checks shall be bonded in such amount as may be fixed from time to time by the Board, the premium to be paid from the school fund. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act entitled An Act to Regular 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, p. 1435-1460); and as amended particularly by an Act entitled Richmond County, Educational Laws Amended approved March 21, 1974 (Ga. L. 1974, p. 2545-2573); so as to provide for the signing of all checks, drafts and orders by the facsimile signature of the respective officials; to set out the procedure thereof; and for other purposes. This 4th day of January, 1977. Leonard O. Fletcher, Jr. Attorney, County Board of Education of Richmond County 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 8th, the 15th and on the 22nd days of January, 1977. /s/ William S. Morris, III Publisher Sworn to and subscribed before me, this 1st day of February, 1977. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved March 23, 1977.

Page 3347

CATOOSA COUNTYHOSPITALIZATION INSURANCE FOR CERTAIN ELECTED OFFICIALS PROVIDED. No. 428 (House Bill No. 765). An Act to amend an Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2375), so as to provide for hospitalization insurance for certain county elected officials; to provide for the cost of such insurance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2375), is hereby amended by adding in the first sentence of section 11A thereof, after the words, elected officials, the following: other than the clerk of the superior court, tax commissioner, judge of the probate court, sheriff, coroner and county commissioner, so that when so amended section 11A shall read as follows: Section 11A. The Commissioner shall provide hospitalization insurance for all employees, except elected officials other than the clerk of the superior court, tax commissioner, judge of the probate court, sheriff, coroner and county commissioner, whose salaries are paid from county funds. Fifty percent (50%) of the cost of such insurance shall be paid from county funds, and fifty percent (50%) of the cost of such insurance shall be paid by the employee. Provided, however, the Commissioner may continue paying from the county treasury the entire cost of hospitalization insurance

Page 3348

for persons employed in positions for which hospitalization insurance has been provided entirely from county funds prior to July 1, 1973. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 30, 1976 and January 6, and 13, 1977. /s/ Jim Caldwell Notice of Intent to Introduce Local Legislation. Notice is hereby given that request will be made at the next session of the General Assembly for local legislation amending an act providing for hospitalization insurance for certain employees of Catoosa County, Georgia so as to provide that all persons in the employ of Catoosa County shall be eligible for the county group hospitalization insurance program. This the 27th day of December, 1976. James A. Moreland Commissioner of Roads and Revenue, Catoosa County, Georgia Sworn to and subscribed before me, this the 13th day of January, 1977. /s/ Lois T. Queen (Seal). Approved March 23, 1977.

Page 3349

CATOOSA COUNTYCOMMISSIONER'S COMPENSATION, ETC., CHANGED. No. 429 (House Bill No. 768). An Act to amend an Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2195), and an Act approved April 14, 1975 (Ga. L. 1975, p. 2852), so as to change the compensation and travel expense allowance of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2195), and an Act approved April 14, 1975 (Ga. L. 1975, p. 2852), is hereby amended by striking from section 9 the following: $15,000, and substituting in lieu thereof the following: $17,500. and by striking the following: $1,500, and substituting in lieu thereof the following: $2,000, and by striking the following: , if the commissioner uses his own personal automobile,

Page 3350

so that when so amended, section 9 shall read as follows: Section 9. The Commissioner of Catoosa County shall be paid an annual salary of $17,500, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner shall also be paid the sum of $2,000 per year for traveling expenses outside and inside the county for official county business. The traveling expenses shall be paid in equal monthly installments from funds of Catoosa County. The commissioner may employ clerical assistance not to exceed $9,000 per annum to be paid from funds of Catoosa County. In the event the maximum allowance for clerical assistance is not needed for such purpose, the unused portion thereof shall remain as part of the general funds of the county. The commissioner shall keep his office at the courthouse open from 9:00 a.m. to 5:00 p.m. each day Monday through Friday, except holidays, and from 9:00 a.m. until noon on Saturdays. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 23, 30, 1976 and January 6, 1977. /s/ Jim Caldwell

Page 3351

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the salary of the Commissioner of Roads and Revenues of Catoosa County, Georgia at the January, 1977 session of the General Assembly of the State of Georgia. This the 21st day of December, 1976. James A. Moreland Commissioner of Roads and Revenues, Catoosa County, Georgia Sworn to and subscribed before me, this the 13th day of January, 1977. /s/ Lois T. Queen (Seal). Approved March 23, 1977. MONROE COUNTY BOARD OF EDUCATIONGRAND JURY MAY FILL VACANCIES No. 430 (House Bill No. 772). An Act to amend an Act to provide for the addition of two members to the Board of Education of Monroe County, approved March 21, 1970 (Ga. L. 1970, p. 3030), so as to permit a single grand jury to fill more than one vacancy on the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for the addition of two members to the Board of Education of Monroe County, approved March 21, 1970 (Ga. L. 1970, p. 3030), is hereby

Page 3352

amended by striking section 2 thereof, which reads as follows: Section 2. Subsequent to November, 1970, it shall be unlawful for more than one member of the Monroe County Board of Education to be selected by any one grand jury. Should more than one vacancy occur at the time a grand jury meets, then such grand jury then meeting shall fill the oldest of such vacancies and the more recent of such vacancies shall be deferred for filling by future grand juries., 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 1977 session of the General Assembly of Georgia, a bill to amend an act to provide for the addition of two members of the Board of Education of Monroe County, approved March 21, 1970 (Ga. L. 1970, p. 3030), so as to permit a single Grand Jury to fill more than one vacancy on the board; and for other purposes. This 17th day of January, 1977. Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of

Page 3353

Monroe County, on the following dates: January 19, 26, and February 2, 1977. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. MUSCOGEE COUNTY BOARD OF EDUCATIONSUPERINTENDENTS' CONTRACTING AUTHORITY CHANGED, ETC. No. 431 (House Bill No. 774). An Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2373), and an Act approved March 30, 1971 (Ga. L. 1971, p 2452), so as to change the maximum amount for which the Superintendent of the Board of Education may make contracts; to change the maximum amount for which purchases may be made without affording free competition; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2373), and an Act approved March

Page 3354

30, 1971 (Ga. L. 1971, p. 2452), is hereby amended by striking from the first paragraph of section 11 thereof, wherever the same shall appear, the following: five hundred dollars ($500.00), and substituting in lieu thereof the following: $1,000.00, so that when so amended the first paragraph of section 11 shall read as follows: That the Superintendent of the Board of Education may make contracts for supplies, labor, repairs and other necessary school purposes, binding said merged school system where the expenditure involved does not exceed the amount of $1,000.00. All expenditures for such purposes in excess of that amount must be first authorized by resolution adopted at a regular or special meeting of the Board. No purchase involving an expenditure of more than $1,000.00 shall be made in any case without affording free competition. No contracts for construction, alteration or repair of buildings, or installation of equipment, which involve the doing of labor or the furnishing of materials shall be entered into by said Board without taking the statutory performance bond required of counties and cities by the laws of said State in such cases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to introduce at the session of the General Assembly of Georgia convening January 10, 1977, for passage a local bill to amend an Act creating the Muscogee County School District approved February 25, 1949 (Ga. L. 1949, p 1086), as amended, particulary by an Act approved December 12, 1953 (Ga. L. 1953, p. 2373), and an Act approved March 30, 1971 (Ga. L. 1971,

Page 3355

p. 2452), so as to change the maximum amount for which the Superintendent of the Board of Education may make contracts and to change the maximum amount for which purchases may be made without affording free competition; to repeal conflicting laws; and for other purposes. This the 14th day of January, 1977. Muscogee County Board of Education By: Braxton A. Nail, Secretary Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Enquirer and Ledger which is the official organ of Muscogee County, on the following dates: January 18, 25 and February 1, 1977. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3356

BACON COUNTY BOARD OF COMMISSIONERSCOMPENSATION OF CHAIRMAN CHANGED, ETC. No. 432 (House Bill No. 777). An Act to amend an Act creating a Board of Commissioners for Bacon County, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2334), so as to change the compensation of the chairman of the board of commissioners; to provide a certain condition with respect to the compensation of the chairman; to change the rate of reimbursement of the chairman and members of the board for mileage; to provide 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 Bacon County, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2334), is hereby amended by striking section 5 thereof in its entirety and substituting in lieu thereof a new section 5, to read as follows: Section 5. Compensation: The compensation of the chairman of the board shall be not less than $10,000.00 per annum, the exact amount to be determined by the unanimous vote of the members of the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County; provided that, should a county manager be employed for Bacon County and the chairman's duties cease as a result thereof to be a full-time responsibility, the compensation of the chairman of the board shall be $3,600.00 per annum, to be paid in equal monthly installments out of the funds of Bacon County. The compensation of each of the other members of said board, other than the chairman, shall be not less than $1,200.00 nor more than $1,800.00 per annum, to be determined by the unanimous vote of the Board of Commissioners of Bacon County, to be

Page 3357

paid in equal monthly installments out of the funds of Bacon County. The chairman and the other members of the board shall also be allowed mileage at the rate of 10 cents per mile to and from their homes to the county courthouse to attend regular and special meetings of the board, payable monthly out of the funds of Bacon County. In addition thereto, the chairman and the other members of the board shall be entitled to reimbursement from the county for the actual expenses incurred for them while engaged in county business, which said claim for expenses shall be accompanied by an affidavit executed by each of such members, swearing that the same is true and correct and was expended by them in pursuance of county business. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners for Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended; and for other purposes. This 28th day of December, 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

Page 3358

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: December 30, 1976, January 6, 13, 1977. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BACON COUNTY TAX COMMISSIONERCOMPENSATION CHANGED, ETC. No. 433 (House Bill No. 778). An Act to amend an Act consolidating the offices or Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. L. 1968, p. 3542), as amended by an Act approved March 29, 1973 (Ga. L. 1973, p. 2492), and an Act approved March 25, 1974 (Ga. L 1974, p. 3314), so as to change the compensation provisions relating to the tax commissioner; to provide for the compensation of personnel to assist 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 Bacon County into the office of

Page 3359

Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. L. 1968, p. 3542), as amended by an Act approved March 29, 1973 (Ga. L. 1973, p. 2492), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3314), is hereby amended by striking section 4 thereof in its entirety and substituting in lieu thereof a new section 4, to read as follows: Section 4. (a) The tax commissioner shall receive an annual salary in the amount of not less than $12,800.00, the exact amount of such salary to be determined by a majority vote of the governing authority of Bacon County. Such compensation shall be paid in equal monthly installments from the funds of Bacon County. All fees, commissions, costs and other income collected by the tax commissioner 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 commissioners are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, shall be the property of Bacon County, and once each month shall be turned over to the fiscal authority of said county by the tax commissioner with a detailed itemized and sworn statement showing the source from which such fees, commissions, costs and other income were collected; provided, however, that in addition to the salary provided for herein, said tax commissioner shall be entitled to a commission of up to 10 percent of all taxes collected in excess of 90 percent of the total taxes due according to the Net Tax Digest, the exact percentage to be determined by resolution by the governing authority of Bacon County. (b) The Tax Commissioner of Bacon County shall have the power and authority to appoint a full-time assistant tax commissioner and additional part-time or full-time clerical personnel to assist him in the performance of the duties of the office. The full-time assistant tax commissioner

Page 3360

shall receive an annual salary paid from the funds of Bacon County of not less than $6,000.00, the exact amount of such salary to be determined by a majority vote of the governing authority of Bacon County. The tax commissioner may recommend, from time to time, a change in the compensation of the full-time assistant tax commissioner, but the determination as to such change, or the amount thereof, shall be made by the county governing authority as provided in this section. The assistant tax commissioner may also serve as clerk to the Bacon County tax assessors with the approval of the board of commissioners. Not less than $3,000.00 annually shall be provided from the funds of Bacon County as compensation for other personnel of the tax commissioner provided for in this subsection. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. L. 1968, p. 3542), as amended; and for other purposes. This 28th day of December, 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,

Page 3361

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: December 30, 1976, January 6, 13, 1977. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BACON COUNTYCOMPENSATION OF SHERIFF, ETC., CHANGEDPRISONERS' FOOD PROVIDED, ETC. No. 434 (House Bill No. 779). An Act to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4294), so as to change the provisions relating to compensation of the sheriff, deputy sheriffs, jailer and secretary of the sheriff; to provide for the cost of feeding prisoners; to authorize the approval of one or more additional deputies; 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 Bacon County on an annual salary in lieu of the fee system of compensation,

Page 3362

approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4294), is hereby amended by striking from section 2 thereof the following: $10,000.00 and not more than $12,000.00,, and substituting in lieu thereof the following: $13,800.00,, and by striking the following: $2.50 nor more than $3.50, and substituting in lieu thereof: $3.50, so that when so amended section 2 shall read as follows: Section 2. The Sheriff of Bacon County shall receive an annual salary of not less than $13,800.00, the exact amount to be determined by the governing authority of Bacon County. The sheriff shall be paid in 12 equal installments from the funds of Bacon County. The sheriff shall also receive from county funds, for each prisoner confined in the county jail, not less than $3.50 per day to feed said prisoners. Section 2. 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 Sheriff of Bacon County shall have the sole power and authority to appoint two deputies to assist him in the performance of the duties of his office. Each such deputy shall be compensated in an amount of not less than $8,700.00 per annum, the exact amount to be determined by a majority vote of the governing authority of Bacon County. In addition, the sheriff may request the county governing authority to approve the employment by the sheriff of one

Page 3363

or more additional deputies, each such deputy, if approved, to be compensated in such amount as determined by a majority vote of the county governing authority. The sheriff shall also have the authority to appoint a secretary and a jailer. The secretary shall be compensated in the amount of not less than $5,000.00 per annum, and the jailer shall be compensated in the amount of not less than $5,000.00 per annum, the exact amount of such salaries to be determined by a majority vote of the governing authority of Bacon County. The sheriff may recommend, from time to time, the change in compensation of any employee of his office, but the determination as to such change, or the amount thereof, shall be made by the county governing authority as provided in this section. Each deputy, the secretary and the jailer shall be paid in 12 equal installments from the funds of Bacon County. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed as deputies, secretary and jailer and to prescribe their duties and assignments and to remove or replace such deputies, secretary and jailer at will and within his sole discretion. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Bacon County on an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), as amended; and for other purposes. This 28th day of December, 1976. Bobby A. Wheeler Representative, 152nd District

Page 3364

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: December 30, 1976, January 6, 13, 1977. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BACON COUNTY PROBATE JUDGECOMPENSATION CHANGED, ETC. No. 435 (House Bill No. 780). An Act to amend an Act to abolish the present mode of compensating the Judge of the Probate Court of Bacon County, known as the fee system, approved March 19, 1974 (Ga. L. 1974, p. 2190), so as to change the provisions relating to, and the compensation of, the judge of the probate court; to amend an Act authorizing the Judge of the Probate Court of Bacon County to appoint a full-time secretary, approved March 29, 1973 (Ga. L. 1973, p. 2336), as amended by an Act approved March 19, 1974 (Ga L. 1974, p. 2190), so as to change the compensation provisions relating to said secretary; to provide an effective

Page 3365

date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the present mode of compensating the Judge of the Probate Court of Bacon County, known as the fee system, approved March 19, 1974 (Ga. L. 1974, p. 2190), 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. (a) The Judge of the Probate Court of Bacon County shall receive an annual salary of not less than $11,800.00, the exact amount of such salary to be determined by a majority vote of the Board of Commissioners of Bacon County. (b) In addition to the salary determined pursuant to the provisions of subsection (a), the Judge of the Probate Court of Bacon County shall also receive a salary of $50.00 per month for holding and conducting elections. (c) The salary of the Judge of the Probate Court of Bacon County shall be payable in equal monthly installments from county funds. Section 2. An Act authorizing the Judge of the Probate Court of Bacon County to appoint a full-time secretary, approved March 29, 1973 (Ga. L. 1973, p. 2336), as amended by an Act approved March 19, 1974 (Ga. L. 1974, p. 2190), is hereby amended by striking section 1 thereof in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. The Judge of the Probate Court of Bacon County shall have the sole power and authority to appoint a full-time secretary to assist him in the performance of the duties of his office with the approval of a majority of the governing authority of Bacon County, and such secretary shall receive such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County, but the compensation of such secretary shall not be less than

Page 3366

$5,000.00 per annum and shall be paid on a weekly basis from the funds of Bacon County. The judge of the probate court may recommend, from time, to time, a change in the compensation of his secretary, but the determination as to such change, and the amount thereof, shall be made by the county governing authority as provided in this section. Section 3. This Act shall become effective on the first day of month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of the Probate Court of Bacon County on an annual salary, approved March 19, 1974 (Ga. L. 1974, p. 2190), and an Act authorizing the Judge of the Probate Court of Bacon County to appoint a full-time secretary, approved March 29, 1973 (Ga. L. 1973, p. 2336); as amended, and for other purposes. This 28th day of December, 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

Page 3367

Alma Times which is the official organ of Bacon County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BACON COUNTY SUPERIOR COURT CLERKCOMPENSATION CHANGED, ETC. No. 436 (House Bill No. 781). An Act to amend an Act to abolish the present mode of Compensating the Clerk of the Superior Court of Bacon County, known as the fee system, approved April 17, 1975 (Ga. L. 1975, p. 3328), so as to authorize a change in the compensation of the clerk and the procedure by which such compensation is determined; to authorize a change in the compensation of the deputy clerk; to authorize the approval of a clerical assistant; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system, approved April 17, 1975 (Ga. L. 1975, p. 3328), is hereby amended by striking from section 2 thereof the following:

Page 3368

$10,000.00, nor more than $13,000.00, to be fixed by the governing authority of Bacon County, plus 4% of the amount of such base salary as so fixed for each four-year period of service served in office by said officer, beginning January 1, 1973; provided, however, that the annual base salary to be paid the present clerk of the superior court in office upon the effective date of this Act shall not be less than $12,000.00, payable in equal monthly installments from county funds., and inserting in lieu thereof the following: $13,800.00, the exact amount to be fixed by the governing authority of Bacon County. Such salary shall be payable in equal monthly installments from county funds., so that when so amended section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Bacon County shall receive an annual base salary of not less than $13,800.00, the exact amount to be fixed by the governing authority of Bacon County. Such salary shall be payable in equal monthly installments from county funds. Section 2. Said Act is further amended by striking from section 3 thereof the following: $4,200.00 nor more than $6,000.00 per annum and shall be paid on a weekly basis from the funds of Bacon County., and inserting in lieu thereof the following: $6,000.00 per annum. In addition, the clerk may request the county governing authority to approve the employment by the clerk of a full-time clerical assistant to assist him in the performance of the duties of his office, such clerical assistant, if approved, to receive such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County. The deputy clerk and the clerical assistant, if any, shall be paid on a weekly basis from the funds of Bacon County. The clerk may recommend, from time to time, a change in the compensation of the deputy clerk and, if any, the clerical assistant, but any such change, or the amount

Page 3369

thereof, shall be with the discretion of the county governing authority as provided in this section., so that when so amended section 3 shall read as follows: Section 3. The Clerk of the Superior Court of Bacon County shall have the sole power and authority to appoint a full-time deputy clerk of the superior court to assist him in the performance of the duties of his office, and such deputy clerk shall receive such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County, but the compensation of such deputy clerk shall not be less than $6,000.00 per annum. In addition, the clerk may request the county governing authority to approve the employment by the clerk of a full-time clerical assistant to assist him in the performance of the duties of his office, such clerical assistant, if approved, to receive such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County. The deputy clerk and the clerical assistant, if any, shall be paid on a weekly basis from the funds of Bacon County. The clerk may recommend, from time to time, a change in the compensation of the deputy clerk and, if any, the clerical assistant, but any such change, or the amount thereof, shall be with the discretion of the county governing authority as provided in this section. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Bacon County on an annual salary, approved April

Page 3370

17, 1975 (Ga. L. 1975, p. 3328); and for other purposes. This 28th day of December, 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 Bacon County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CATOOSA COUNTY SHERIFF'S OFFICEFISCAL ADMINISTRATION ACT. No. 437 (House Bill No. 789). An Act to provide for the fiscal administration of the office of the Sheriff of Catoosa County; to provide for an annual budget; to provide for an annual salary for the sheriff; to provide for a fiscal year; to provide for submission

Page 3371

of the annual budget to, and review and approval of the budget by, the governing authority of the county; to provide for budget appeals to the grand jury; to provide for budget amendments; to provide budget limitations; to require budget reports; to provide for jurisdiction of the sheriff over office personnel; to provide for collection and disposition of certain fees, fines, forfeitures, costs, commissions, emoluments and perquisites; to require the keeping of certain accounts, books and records; to repeal an Act to abolish the present mode of compensating the Sheriff of Catoosa County, known as the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 2235), an Act approved March 10, 1969 (Ga. L. 1969, p. 2189), an Act approved April 10, 1971 (Ga. L. 1971, p. 3954), an Act approved March 29, 1973 (Ga. L. 1973, p. 2377), an Act approved March 19, 1974 (Ga. L. 1974, p. 2193), an Act approved April 17, 1975 (Ga. L. 1975, p. 2914), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4401); to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of fiscal administration for the office of Sheriff of Catoosa County is hereby abolished and in lieu thereof the sheriff shall receive a salary and the sheriff's department shall be operated under a budget proposed and approved as provided in this Act. Section 2. The annual salary hereinafter provided shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, gratuities and perquisites of whatever kind heretofore allowed and collected as compensation for the sheriff, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, gratuities or perquisites were rendered so long as said services were rendered by virtue of the fact that said officer is the Sheriff of Catoosa County and irrespective of the consideration that said services may not have been

Page 3372

rendered in his official capacity as sheriff of said county but may have been personal. Section 3. The annual salary of the Sheriff of Catoosa County shall be as provided by law. In addition thereto, the sheriff shall receive an annual expense allowance of $1,200.00. The salary and expense allowance of the sheriff shall be payable monthly from county funds. Section 4. (a) The fiscal year of the Sheriff of Catoosa 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 (except, within 90 days of the effective date of this Act for the initial budget), the sheriff shall certify to the governing authority of Catoosa County a proposed budget of expenditures for carrying out the powers, duties and operations of his office for the ensuing fiscal year. The sheriff shall submit with the proposed budget his sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of his office for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriff's office and jail, other than construction, repair or capital improvement of county buildings during said fiscal year. The expenditures shall be itemized as follows: 1. Salary of the sheriff. 2. Salaries of deputies and assistants. 3. Expenses, other than salaries. 4. Equipment. 5. Investigations. 6. Salaries for jailers, cooks and secretarial help. 7. Such other items as may be required by the governing authority.

Page 3373

(b) The sheriff shall furnish the governing authority of Catoosa County all relevant and pertinent information concerning expenditures made in previous years and to the proposed expenditures which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the county may require the sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than June 15 of each year, such budget shall be reviewed by the governing authority of the county, and if said budget is approved by said governing authority, the same shall be the budget for the ensuing fiscal 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. (c) If the governing authority of the county disapproves the budget submitted by the sheriff, it shall enter its disapproval thereon in writing within 10 days from the filing of the budget in its office and shall transmit the budget to the Grand Jury of Catoosa County. (d) Upon receipt of the sheriff's budget as provided in subsection (c), the grand jury shall review the budget and, within 5 days from the date of disapproval by the county governing authority if the grand jury is in session on such date or within 5 days from the date of the convening of the grand jury if the grand jury is not in session on the date of disapproval, the grand jury shall approve the budget as submitted, revise the budget, or set a new budget for the sheriff for the ensuing fiscal year. Prior to the rendition of a final decision altering, revising or setting a new budget for the sheriff, the grand jury shall set a time and date certain for the sheriff to appear and present evidence supporting said budget. (e) The budget of the sheriff, as finally determined and set by the grand jury, shall be filed in the office of the county governing authority where it shall be kept as a part of the minutes of the governing authority. The budget as

Page 3374

finally set by the grand jury shall be conclusive and the county governing authority shall abide by same until it is amended as provided in this Act. A copy of the final budget shall be served upon the sheriff. (f) (1) If for any reason it appears to the sheriff that the budget finally determined is insufficient due to an emergency or any cause to operate his office, he may file a written application requesting an amendment thereof with the county governing authority. The governing authority shall review the application for amendment and, within 5 days from the filing of same, shall enter its decision thereon. If the same is approved by the governing authority, the governing authority shall be authorized and is hereby directed to expend the sums called for in the budget so amended. If the same is disapproved by the governing authority, it shall immediately submit, within 5 days from the filing of such application in its office, same to the grand jury and the grand jury shall act on the application within 10 days from the filing of the application with the governing authority if the grand jury is in session on the date the application is received or within 5 days from the date of the convening of the grand jury if the grand jury is not in session on the date the application is disapproved. The grand jury is authorized to amend the budget and is empowered to direct the county governing authority to make additional expenditures for the operation of the sheriff's office. Any such amendment allowed by the grand jury shall be retroactive to the date of filing of application for same. The sheriff shall have the right to file application for amendment to his budget from time to time as the need may arise. In filing such application, it shall not be necessary to meet any formal requisite of pleading, except that a written statement shall be filed certifying there is a need for amendment and the amount requested. (2) Whenever the grand jury is considering an application as provided in paragraph (1), it shall set a date and time certain for hearing evidence of the need for such amendment and the sheriff shall be notified of the time fixed by the grand jury.

Page 3375

(g) (1) Any provision of this section (other than paragraph (2) of this subsection) to the contrary notwithstanding, the annual budget of the sheriff shall not exceed $212,950.00 in any fiscal year, nor shall the monthly budget and expenditures of the sheriff exceed $17,746.00 in any calendar month; provided, that such monthly limitation shall be exclusive of the expense of purchasing motor vehicles during that month in each fiscal year during which motor vehicles are purchased by the sheriff. (2) During a bona fide emergency respecting the ability of the sheriff to properly carry out his lawful responsibilities and duties, an amount in excess of the limitations specified in paragraph (1) may be authorized for expenditures by the sheriff, such amount to be determined and approved as provided in subsection (f) of this section. Any request or application for an authorization to expend an amount in excess of such limitations shall be accompanied by the sheriff's sworn statement as to the existence of such emergency. (3) With respect to that portion of the sheriff's fiscal year beginning on the effective date of this Act and ending December 31, 1977, the sheriff's budget shall be $17,746.00 per month and, for any portion of a month, an amount equal to the monthly budget multiplied by a fraction, the numerator of which is the number of days remaining in the month and the denominator of which is the total number of days in that month. The provisions of this paragraph shall apply until the sheriff's budget is otherwise determined and approved as provided in this Act. (4) Any expenditure by the sheriff in excess of the limitations provided in this paragraph, as such limitations may lawfully be changed as provided in this Act, shall be the sheriff's personal liability and shall not be paid out of county funds. (h) The sheriff shall make a semiannual itemized report of all expenditures of his office to the grand jury of the county. The grand jury may reasonably request, and the

Page 3376

sheriff shall provide, information additional to such report necessary to fully and accurately reflect all expenditures of the sheriff's office. Section 5. The sheriff shall have exclusive jurisdiction over the personnel employed by his office, and it shall be within his sole discretion and authority to employ and discharge all such personnel. Section 6. All fees, fines, forfeitures, costs, commissions, emoluments and perquisites of whatever nature provided by law for services rendered by the sheriff shall be charged and collected by said officer and shall be held by him as county funds. On or before the 10th day of each month, the sheriff shall provide the county governing authority with all vouchers, invoices, and other budgetary expenses for the approval and payment by the county governing authority and all of said vouchers and invoices and other budgetary expenses shall be personally signed and approved by the sheriff prior to the submission to the governing authority. The sheriff shall keep such books and records as shall be prescribed by the county governing authority. All such records shall be open to the inspection of the public and the county governing authority, and their auditors, at all times during the hours for which said office is open for business. Section 7. An Act to abolish the present mode of compensating the Sheriff of Catoosa County, known as the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 2235), an Act approved March 10, 1969 (Ga. L. 1969, p. 2189), an Act approved April 10, 1971 (Ga. L. 1971, p. 3954), an Act approved March 29, 1973 (Ga. L. 1973, p. 2377), an Act approved March 19, 1974 (Ga. L. 1974, p. 2193), an Act approved April 17, 1975 (Ga. L. 1975, p. 2914), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4401), is hereby repealed in its entirety. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3377

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 23, 30, 1976 and January 6, 1977. /s/ Jim Caldwell Notice of Intention to Introduce Local Legislation. Notice is hereby given there will be requested at the January 1977 session of the General Assembly of Georgia Legislation revising and amending the method and operation of the Sheriff Department of Catoosa County, Georgia, to provide for the number of deputies, investigators, dispatchers and other necessary personnel and to provide for their compensation; to provide for a Sheriff Department budget to be established under the control and supervision of the county authority; to provide for the method of disbursements of the Sheriff Department funds and expenses; to provide for a system of keeping records and vouchers for expenditures, and to provide for contingent funds for emergencies. J. D. Stewart Sheriff Elect, Catoosa County, Georgia Sworn to and subscribed before me, this the 13th day of January, 1977. /s/ Lois T. Queen (Seal). Approved March 23, 1977.

Page 3378

CITY OF COLUMBUSCOUNTY OF MUSCOGEECERTAIN OFFICIALS' COMPENSATION CHANGED. No. 438 (House Bill No. 797). 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 March 29, 1971 (Ga. L. 1971, p. 2241), so as to change the compensation of the judge, clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace, and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. L. 1952, p. 2184), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2241), is hereby amended by striking from section 10 the following: $16,500.00, and inserting in lieu thereof the following: $20,500.00, so that when so amended, section 10 shall read as follows: Section 10. The salary of the judge of said court shall be $20,500.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. Section 2. Said Act is further amended by striking from section 11 the following:

Page 3379

$13,500.00, and inserting in lieu thereof the following: $16,000.00, so that when so amended, section 11 shall read as follows: Section 11. The salary of the clerk of said court shall be $16,000.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. Section 3. Said Act is further amended by striking from section 12 the following: $13,500, and inserting in lieu thereof the following: $16,000.00, so that when so amended, section 12 shall read as follows: Section 12. The salary of the marshal of said court shall be $16,000.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. The marshal shall also receive a maintenance allowance of not less than $528.00 per annum for the purpose of maintaining the marshal's automobile to properly conduct the business of said court. Said maintenance allowance, as fixed by the governing authority of Muscogee County, shall be paid to the marshal in equal monthly installments from the funds of Muscogee County. Section 4. This Act shall become effective on July 1, 1977. 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, 1977 session of the General Assembly of Georgia,

Page 3380

a bill so as to change the salary of the Judge, Municipal Court of Columbus, Georgia to establish such change to be effective as of July 1, 1977 to repeal conflicting laws and for other purposes. This the 15th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977 session of the General Assembly of Georgia, a bill, so as to change the salary of the Municipal Court Marshal of Columbus, Georgia to establish such change to be effective as of July 1, 1977 to repeal conflicting laws and for other purposes. This the 15th day of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977 session of the General Assembly of Georgia, a bill so as to change the salary of the Clerk, Municipal Court, of Columbus, Georgia, to establish such change to be effective as of July 1, 1977; to repeal conflicting laws and for other purposes. This the 15th of December, 1976. Lennie F. Davis City Attorney Columbus, Georgia

Page 3381

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: December 17, 24 and 31, 1976. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BRANTLEY COUNTYCERTAIN COURT AND TAX PERSONNELPROVISIONS CHANGED. No. 439 (House Bill No. 816). An Act to amend an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Brantley County, approved March 18, 1968 (Ga. L. 1968, p. 2301), so as to change certain provisions relative to the personnel of the clerk of the superior court and the tax commissioner; to provide for conformity with general law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of

Page 3382

the Probate Court, and the Tax Commissioner of Brantley County, approved March 18, 1968 (Ga. L. 1968, p. 2301), is hereby amended by striking from section 8 thereof, the following: sum of $200.00 per month, and inserting in lieu thereof the following: sum of $400.00 per month, except that the clerk of the superior court shall be authorized not less than two full-time secretaries irrespective of such limitation on compensation, and the tax commissioner shall be authorized, irrespective of such limitation on compensation, not less than two full-time secretaries and at least one additional secretary when required by the tax commissioner's duties respecting motor vehicle license plates, so that when so amended section 8 shall read as follows: Section 8. The above named officers shall have the authority to appoint such deputies, clerks, assistants and other personnel as they shall each deem necessary to efficiently and effectively discharge the official duties of their respective offices. Each of said officials shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, the total compensation of all such personnel within each respective office shall not exceed the sum of $400.00 per month, except that the clerk of the superior court shall be authorized not less than two full-time secretaries irrespective of such limitation on compensation, and the tax commissioner shall be authorized, irrespective of such limitation on compensation, not less than two full-time secretaries and at least one additional secretary when required by the tax commissioner's duties respecting motor vehicle license plates. It shall be within the sole power and authority of each of said officers, during his respective term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties

Page 3383

and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to provide for the employment of secretaries and secretarial personnel in the office of the Clerk of the Superior Court of Brantley County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 6th day of January, 1977. Paul W. Foster Representative, 152nd District Bobby A. Wheeler Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 13, 20 and 27, 1977. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).

Page 3384

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide for the employment of secretaries and secretarial personnel in the office of the Tax Commissioner of Brantley County; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 19th day of January, 1977. Paul W. Foster Representative, 152nd District Bobby A. Wheeler Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 27, February 3, 10, 1977. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3385

CITY OF ATHENSHIGHER AD VALOREM TAX MILLAGE AUTHORIZED. No. 440 (House Bill No. 820). An Act to amend an Act incorporating the City of Athens, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, so as to increase the millage rate which may be imposed within said city for ad valorem tax purposes; 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 Athens, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, is hereby amended by inserting between sections 24 and 25 a new section 24A to read as follows: Section 24A. The Mayor and Council of the City of Athens shall have the authority to levy and collect for the ordinary current expenses of said municipal corporation an annual ad valorem tax upon the property within said municipal corporation not in excess of one and two-tenths percent (12 mills) upon the value thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the mayor and council of the City of Athens intends to apply to the General Assembly of Georgia at the 1977 session thereof for the passage of a bill of local application exempting the mayor and council of the City of Athens from the provisions of section 92-4101 and 92-4102 et seq of the Georgia Code Annotated (1933) limiting certain municipalities in the State of Georgia to an ad valorem tax for ordinary purposes not in excess of one-half of one per cent (five mills), as amended by Ga. Laws 1965, pp. 2746, 2747, authorizing the mayor and council of the City of Athens an increase in the levy to nine and eight tenths of one per cent (9.8 mills) and to empower

Page 3386

the mayor and council of the City of Athens to levy and collect for the ordinary current expenses of said municipal corporation an annual ad valorem tax upon the property within said corporation not in excess of one and two-tenths per cent (12 mills) without the necessity of conducting the election specified in said Act as amended; to repeal conflicting laws; and for other purposes. This 14th day of December, 1976. Mayor and Council of the City of Athens. By Denny C. Galis City Attorney 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 Dec. 17, 24, 31, 1976. /s/ Robert W. Chambers Sworn to and subscribed before me, this 28th day of January, 1977. /s/ Frances P. Carter Notary Public, Clarke County Georgia. My Commission Expires Dec. 19, 1977. (Seal). Approved March 23, 1977.

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TROUP COUNTY AIRPORT AUTHORITY ESTABLISHED. No. 441 (House Bill No. 825). An Act to create and establish the Troup County Airport Authority; to provide a title for such Act; to declare the need for such Authority; to declare the public purposes of the Authority; to provide for members of the Authority and their terms; to provide for the election of officers, a quorum, bylaws, procedures and meetings; to provide for compensation of members; to provide for filling vacancies; to provide for the removal of members; to provide authority to employ an executive director, a treasurer and other administrative officers and employees; to provide for the avoidance of conflicts of interest; to provide for powers of the Authority; to provide for the powers of the Authority under the Revenue Bond Law; to provide for the execution of contracts, leases and other legal instruments; to provide for the prescription and revision of rates, fees, tolls and charges for services, facilities and commodities; to provide for the issuance of revenue bonds; to provide for the form of bonds, signatures and a seal; to provide for the sale of bonds; to provide for the disposition of bond proceeds; to provide for the validation of bonds; to provide for replacement bonds; to provide for the use of a trust indenture to secure bonds; to provide additional powers relating to security of bonds; to provide for the establishment of a sinking fund; to provide protection of bondholder interests; to provide that certain monies be treated as trust funds; to provide exemptions from taxation; to negate personal liability of members and provide that bonds will not be a debt of the State, Troup County or any political subdivision; to provide that Authority property is public property; to provide for the transfer of contracts; to provide protection to third parties upon contract transfers; to provide for the disposition of property upon dissolution; to provide immunity from certain liability; to provide rights for personnel; to provide for severability of portions of the Act; 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: Section 1. Short Title. This Act may be cited as the Troup County Airport Authority Act. Section 2. Determination of Need for Authority. It is hereby determined and declared that the need for an adequate airport or airports to safely and efficiently serve the air transportation needs of Troup County, the need to eliminate airport hazards, the need to provide for appropriate management of such airport or airports and the operation thereof and the need to raise capital for additions, extensions and improvements to the existing Callaway Airport in Troup County and the acquisition, construction and equipping of any new airports which might hereafter be needed, requires the establishment of an airport authority in Troup County. It is further determined and declared that the establishment of such airport authority is necessary and essential to insure the welfare, safety and convenience of citizens of the State of Georgia and Troup County and to insure the proper economic development of said State and county. Section 3. Declaration of Public Purpose. The purposes and objectives of this Act and the airport Authority created hereunder shall be to meet the needs and requirements recognized in section 2 of this Act; to insure the orderly and proper development, maintenance and use of the existing Callaway Airport; to insure that the maximum public benefit is obtained from Callaway Airport and any such airports hereafter established; to insure proper planning for and establishment of such airports as may be needed in the future; to promote trade, commerce, industry and employment opportunities, 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 refers to Callaway Airport in

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Troup County, Georgia, or any airport which the Authority may hereafter acquire, construct and equip, as the same may hereafter be added to, extended or improved. (b) The term airport hazard refers to 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 Authority refers to Troup County Airport Authority, which is created hereunder. (d) The term city refers to the City of LaGrange, Georgia, a municipal corporation of the State of Georgia. (e) The term cost of project, when used in relation to the airport or any portion thereof, refers to the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project, the cost of all machinery, equipment, financing charges, interest prior to and during construction, debt service reserves in amounts not exceeding 10% of the principal amount of any financing consummated hereunder, the cost of engineering, architectural, fiscal and legal expenses, and the costs of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects. (f) The term county refers to Troup County, Georgia, a political subdivision of the State of Georgia.

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(g) The term project refers to an airport or any portion thereof to be acquired, constructed and/or equipped by the Authority. Section 5. Creation of Authority. There is hereby created a public body corporate and politic to be known as Troup County Airport Authority, which shall be an instrumentality and a public corporation of the State of Georgia. Section 6. Members of Authority and Terms of Office. The Authority shall be composed of 12 members, each of whom shall be a resident of the county. The board of commissioners of the county shall appoint 4 of the members; the governing body of the City of LaGrange, Georgia, shall appoint 4 of the members; the governing body of the City of West Point, Georgia, shall appoint 2 of the members; and the governing body of the City of Hogansville, Georgia, shall appoint 2 of the members. The initial members of the Authority shall be appointed within 18 months following the effective date of this Act. The members initially appointed by the board of commissioners of the county shall serve for 5 years; the members initially appointed by the governing body of the City of LaGrange shall serve for 4 years; the members initially appointed by the governing body of the City of West Point shall serve for 3 years; and the members initially appointed by the governing body of the City of Hogansville shall serve for 2 years. Thereafter, the members shall be appointed by the respective appointing authorities to terms of 5 years. Members shall serve until their respective successors are appointed and qualified. Section 7. Election of Officers, Quorum, Bylaws, Procedures and Meetings. After the appointment of all members as hereinabove set out, the full membership of the Authority shall meet as soon as practicable and shall elect one of its members as chairman and one as vice-chairman, each of whom shall continue as voting members, to serve in such positions for the suceeding year and until their successors are elected. Thereafter, a chairman and a vice-chairman shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The chairman shall preside over meetings of the Authority

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and the vice-chairman shall preside in his absence, and they shall have such other powers, duties and responsibilities as are set out elsewhere in this Act. The Authority shall also designate a secretary who shall keep the minutes and records of the Authority who may, but need not be, a member of the Authority. A majority of the members of the Authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the Authority. The Authority shall, as soon as practicable, adopt its own bylaws, rules of procedure and rules of conduct of its business. The Authority shall meet at least once every other 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 their actual expenses properly incurred in the performance of their duties. Section 9. Vacancies in Authority. If a vacancy on the Authority occurs by reason of death, resignation, removal of residency beyond the county or otherwise, the vacancy shall be filled in the same manner and by the same appointing authority as appointed the member so vacating his membership, and the person so appointed shall serve for the remainder of the unexpired term. 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 specified misfeasance, malfeasance or nonfeasance in office, or that he violated in a specified manner the conflicts of interest provisions of this Act.

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Section 11. Executive Director, Treasurer and Other Administrative Officers and Employers. The Authority may appoint and fix the compensation of an executive director. The executive director shall be the chief executive and operating officer of the Authority. Under the supervision of the Authority, he shall be responsible for the operation, management, promotion and development 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. Additionally, the Authority may appoint and fix the compensation of a treasurer who shall have custody of all monies, funds, notes, bonds, and other securities of the Authority and who shall have such other duties and responsibilities as the Authority may prescribe. The Authority may also authorize and employ such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Act. Section 12. Conflicts of Interests. No member of the Authority or officer or employee thereof shall have a financial interest, direct or indirect, in any contract with the Authority (other than any employment contract whereby such person is employed by the Authority), or be financially interested, directly or indirectly, in the sale or lease to the Authority of any lands, material, supplies or service (other than any such person's services as an officer or employee). Any violation of this section by a member of the Authority shall be grounds for removal pursuant to section 10 of this Act. Any violation of this section by 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:

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(a) To adopt and alter a corporate seal and to sue. (b) To acquire by purchase, gift, grant, lease or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes; to use, rent or least the same as landlord or as tenant or as lessor or as lessee; to make contracts with respect to the use thereof, or; to dispose of the same in any manner it deems to the best advantage of the Authority and the purposes thereof. Title to such property shall be held only for the benefit of the public. (c) To request the county to exercise the power of eminent domain to acquire any 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 thereon as may be fair and just to the county, the Authority and the owners of the property being condemned. (d) To appoint, select, employ and contract for the services of officers, agents and employees including engineers, architects, building contractors, accountants, fiscal agents, attorneys and such other persons, firms or corporations which may be or become necessary or desirable to accomplish the purposes of this Act, for such fees or compensation, and under such terms and conditions as it deems appropriate. (e) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, lease, regulate, protect and police the airport and related 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

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necessary to acquire, construct, equip, operate and maintain the airport 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, fixed base operators and other commercial interests located at the airport 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 the airport; to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers to be provided through the county or any municipality therein; and, to prescribe reasonable penalties for the breach or any rule or regulation. All such rules and regulations shall become effective upon approval by the Authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation thereof in the newspaper in the county in which sheriff's advertisements are published. 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 the same will be open to public inspection. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided herein, shall be judicially recognized by and enforceable in the courts of the county. (h) To provide its own fire protection, crash and rescue services or to arrange for such services to be provided through the county or the city or by any private firm in the business of providing such services. (i) To make application 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 the airport, and to accept and

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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 recommend airport zoning regulations to the county. (k) To borrow money to accomplish its purposes and to execute and deliver evidences of indebtedness therefor and to secure such indebtedness in such manner as the Authority may provide by its resolution authorizing such indebtedness to be incurred. (l) To issue revenue bonds, including refunding bonds, under such terms and conditions as are permitted by this Act and otherwise as it deems appropriate, and to provide for the payment of the same and for the rights of the holders and owners thereof. (m) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not otherwise prohibited by the Constitution or laws of the State of Georgia. (n) To acquire, construct, equip, erect, add to, extend, improve, operate and maintain projects, as hereinbefore defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America, the State of Georgia or any agency or instrumentality of either. (o) To sell, lease or otherwise dispose of surplus personal property, and sell, lease or otherwise dispose of land and any improvements thereon which the Authority shall determine is no longer required to accomplish the purposes of this Act, including, without limitation, property which is suitable for industrial and commercial 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.

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(p) To exercise each and every power that the county or the city could exercise, under laws existing at the effective date of this Act, over the airport, just as if the Authority were the county or the city. (q) To exercise all powers that could be exercised by a private business corporation in the operation of a similar enterprise which powers are not in conflict with the Constitution and laws of the State of Georgia. (r) To enter into contracts, leases and to execute and deliver all instruments necessary or convenient, including contracts for the acquisition, construction and/or equipping of projects or the leasing of projects or contracts with respect to the use of projects which it causes to be acquired, constructed or equipped, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State of Georgia are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable. The Authority is further authorized to make contracts and leases, and to execute all instruments necessary or convenient, with the United States of American or any agency or department thereof. Section 14. Powers Under Revenue Bond Law. In addition to the foregoing powers and subject to any limitations herein contained, the Authority shall have all the powers granted to municipalities under the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, pp. 761 et seq., as now or hereafter amended. Section 15. Execution of Contracts, Leases and Other Legal Instruments. Any and all contracts, leases, obligations, agreements or other legal instruments of the Authority shall be approved by resolution of the Authority, and shall be executed by those persons designated in such resolution, and in the absence of such designation by the chairman or vice-chairman. Nothing in this section shall prohibit resolutions authorizing the executive director or other officers, agents or employees to execute such contracts, leases, obligations,

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agreements or other legal instruments as the Authority may prescribe. Section 16. Rates, Charges and Revenues. The Authority is hereby authorized to prescribe, revise, fix and collect rates, fees, tolls and charges, for services, facilities or commodities furnished at the airport, including leases, concessions, franchises or subleases of or relating to its lands or facilities. Section 17. Revenue Bonds. The Authority shall have the power and is hereby authorized, at one time or from time to time at it deems necessary to accomplish the purposes of this Act, to provide by resolution or trust indenture for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the cost of any one or a combination of projects. The principal of, redemption premium (if any) and interest on the revenue bonds shall be payable from and may be secured by a pledge of rates, fees, tolls, charges, and other revenues of, all or any part of the project or projects financed in whole or in part with the proceeds of the bonds. Each issue of the bonds shall be dated, shall mature, and shall be payable as to both principal and interest as may be determined by the Authority in accordance with the terms of the Revenue Bond Law of Georgia, Ga. L. 1937, pp. 761 et seq., as now or hereafter amended, except as to any limitation as to interest which may be contained therein, and the bonds may be made redeemable before maturity at the option of the Authority at such price or prices and under such terms and conditions as may be fixed by the Authority in its resolution or trust indenture providing for the issuance and security of the bonds. If the proceeds of any issue of the bonds shall exceed the amount required for the purpose for which such bonds are issued, the surplus monies shall be deposited as may be directed in the resolution or trust indenture providing for the issuance and security of such bonds. Section 18. Form of Bonds; Signatures, Seal. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereof, and shall fix the denomination or denominations of the bonds and the place

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or places of payment of the principal thereof and interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in the form of coupon bonds or registered bonds without coupons, or both. The Authority may make provisions for the exchange of registered bonds without coupons for coupon bonds and vice versa. The Authority may make provision for the registration of any coupon bond, as to principal alone, or to both principal and interest. If any officer whose manual or facsimile signature shall appear on any bond, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All bonds shall be signed by the chairman or vice-chairman of the Authority and attested by the secretary or assistant secretary of the Authority, and the official seal of the Authority shall be affixed thereto. Any coupons appertaining to the bonds shall bear the facsimile signatures of the chairman or vice-chairman and the secretary or assistant secretary of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such person as shall be duly authorized or hold the proper office, at the actual time of the execution of such bond, although such person may not be so authorized or may not hold such office on the date of delivery of such bond. Section 19. Sale, Price. The Authority may sell the bonds in such manner and for such price as it may determine to be in the best interest of the Authority. Section 20. Proceeds of Bonds. The proceeds of the bonds shall be used solely for the payment of the cost of a project or projects, and unless otherwise specified in the resolution or trust indenture providing for the issuance and security of the bonds, additional bonds may be issued in like manner to provide additional proceeds required to defray the full cost of the project or projects, which, unless otherwise provided in such resolution or trust indenture, shall be

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deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose or purposes. If the proceeds of any issue of bonds shall exceed the amount required for the purpose for which such issue was delivered, the surplus monies shall be paid into a sinking fund, used for additional construction, or otherwise used as may be provided in the resolution or trust indenture providing for the issuance and security of such issue of bonds. Section 21. Validation of Bonds, Location of Authority. For the purpose of the validation of the bonds under the Revenue Bond Law, the Authority shall be considered to be located in Troup County, Georgia. Section 22. Replacement of Mutilated, Lost, Stolen or Destroyed Bonds. The Authority may provide for the replacement of any bonds issued by it which shall be mutilated, lost, stolen or destroyed. Section 23. Bonds; Trust Indenture as Security. In the discretion of the Authority, any issue of bonds may be issued under and secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank, within or outside the State, having trust powers. Such trust indenture or a resolution adopted by the Authority may pledge or assign rents, fees, tolls, charges, and other revenues to be received by the Authority, including the proceeds derived from the sale from time to time of any property of the Authority, either real or personal, or proceeds of insurance carried thereon. Any such resolution or 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 contrary to law, including the right of appointment of a receiver upon a default thereunder and the right of any receiver to enforce collection of any rents, fees, tolls, charges, and other revenues for the use of the pertinent project or projects necessary to pay all costs of operation of such project or projects and all reserves provided for the principal of and the interest on all bonds in the issue, all costs of collection,

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and all other costs reasonably necessary to accomplish the collection of such sums in the event of any such default of the Authority. Such resolution or trust indenture may include covenants setting forth the duties of the Authority in relation to the acquisition, construction and equipping of projects; the maintenance, operation, repair and insuring of property, and the custody, safeguarding and application of all monies of the Authority pledged thereunder. Any such resolution or trust indenture may also provide that any project shall be acquired, constructed, equipped 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 contractor 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 bonds may be issued. It shall be lawful for any bank or trust company having its principal office in the State to act as such a depository and to furnish such security as may be required by the Authority. Such resolution or trust indenture may set forth the rights and remedies of the bondholders and of the trustee, and any such trust indenture may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of private corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders and of the trustee. All expenses incurred in connection with any such trust indenture may be treated as operating expenses of the Authority. Section 24. Bonds; Additional Powers as to Security. In addition to other powers granted in this Act as to the issuance of bonds and security for such bonds, the Authority shall have the power to enter into any financial and contractual arrangements with airport users, including commercial air carriers and fixed base operators, which it deems appropriate in order to provide security to bondholders and the trustee, and for such purposes it may also enter into

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joint agreements, arrangements or trust indentures with such users and a trustee or trustees under any trust indenture authorized under section 23 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 25. Sinking Fund. The rates, fees, tolls, charges, and other revenues derived from any project or projects, regardless of whether or not such rates, fees, tolls, charges, and other revenues were produced by a project for which bonds have been issued, and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and the interest on any bonds of the Authority as the resolution or trust indenture providing for the issuance and security of the bonds may provide. Such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in such resolution or trust indenture, into a sinking fund. Such sinking fund shall be pledged to and charged with the payments of (1) the interest upon such bonds as such interest shall become due and payable; (2) the principal of the bonds as the same shall become due and payable; (3) the necessary charges of any paying agent or agents for paying interest and principal; and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution or trust indenture providing for the issuance and security of the bonds, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all bonds without distinction or priority of one over another. Subject to the provisions of such resolution or trust indenture, surplus monies in the sinking fund may be applied to the purchase or optional redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

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Section 26. Bonds; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of the Authority or of its officers, employees or agents shall not be diminished, or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to adversely affect the interest and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the holders of any such bonds, and upon the issuance of such bonds, shall constitute a contract with the holders of such bonds. Section 27. Monies Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of bonds, as grants or other contributions, or as rates, fees, tolls, charges, or other revenues, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 28. Bonds; Exemption from Taxation. All bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the bonds and the interest paid thereon shall be exempt from all taxation within the State. Section 29. Personal Liability of Members and Officers; Not a Debt of State, County or Other Political Subdivision. Neither the members of the Authority nor an officer thereof executing bonds issued under the provisions of this Act shall be personally liable thereon by reason of the issuance thereof. Such bonds shall not constitute an indebtedness of the State, the county or of any other political subdivision of the State. Such bonds shall be payable from the rates, fees, tolls, charges, and other revenues of the Authority as provided in the resolutions or trust indentures providing for the issuance and security of such bonds. Section 30. Property of Authority Deemed to be Public Property. It is hereby declared that all property of the Authority,

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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 31. Transfer of Contracts, Etc. to Authority. Upon conveyance of the airport to the Authority, all contracts, commitments, leases and any other obligations of the county and/or the city with respect to the airport shall be transferred to and assumed by the Authority, and the Authority shall stand in the place of the county and/or the city for the purposes of such contracts, commitments, leases or other obligations, subject to the provisions of section 32 of this Act. Section 32. Conveyances and Transfers Pursuant to section 31 to be Accomplished so as to Protect Interests of Bondholders and Others Affected Thereby. The conveyance of Callaway Airport and the transfer of contracts, commitments, leases and any other obligations to the Authority pursuant to section 31 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interests of any third parties affected thereby. Transfer may be conditioned so as to protect such interests and the Authority, the county and/or the city may enter into any agreements with each other or other parties necessary to protect such interests. Section 33. Disposition of Property Upon Dissolution. In the event of dissolution of the Authority, all of its property, real and personal, tangible and intangible, shall be and become the joint property of Troup County and the City of LaGrange, subject, however, to all rights and encumbrances thereon. Section 34. Immunity from Certain Liability. The Authority shall have the same immunity and exemption from tort liability and negligence as the State, and the members, officers, agents and employees of the Authority in the performance of the work of the Authority shall have the same

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immunity and exemption from tort liability and negligence as the officers, agents and employees of the State when in the performance of their public duties or work of the State. The Authority may be sued the same as private corporations with respect to any contractual obligation of the Authority. Section 35. Rights of Personnel. All rights, credits and funds in any retirement system of the county or the city 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 36. Severability Should Any Portion of Act Be Held Invalid. The terms and provisions of this Act are severable. Should any section, subdivision, sentence, clause or phrase of this Act, or the application thereof to any person or circumstance for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Act, or the application of such provision to other persons or circumstances, shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion. Section 37. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 38. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that an Act will be introduced in the 1977 session of the Georgia General Assembly to provide for the creation of the Troup County Airport Authority; to provide for the purposes, membership and operation thereof; and for other purposes. City of LaGrange By James R. Lewis City Attorney

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Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared Glen O. Long who, on oath, deposes and states that he is Publisher of the LaGrange Daily News, the newspaper in which Sheriff's advertisements of Troup County, Georgia, are published; that the advertisement Notice of Intention to Introduce Local Legislation which is hereinafter set forth, was duly published in said newspaper on the dates of January 21, 1977, January 28, 1977, and February 4, 1977. /s/ Glen O. Long, Publisher LaGrange Daily News Sworn to and subscribed before me, this 4th day of February, 1977. /s/ Katherine M. Nelson Notary Public, Troup County, Georgia. My Commission Expires March 2, 1977. (Seal). Approved March 23, 1977. CITY OF BUENA VISTANEW CHARTER. No. 442 (House Bill No. 828). An Act to provide a new Charter for the City of Buena Vista in the County of Marion; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide effective dates; 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 Buena Vista, repealing and replacing the charter provided by an Act of the General Assembly, approved July 31, 1920 (Ga. L. 1920, p. 792), as amended. The City of Buena Vista, Georgia, in the County of Marion and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Buena Vista, 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 Buena Vista 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 Buena Vista, 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 Buena Vista, 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 as 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. Examples of Powers. The corporate powers of this City may include, but shall not be limited to, the following: (1) Property Taxes. To levy and to provide for the assessment,

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valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the City, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (5) Municipal Debts. 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; (6) Municipal Property Ownership. 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; (7) 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; (8) Condemnation. 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

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of Georgia of 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. 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; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, 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 Georgia Public Service Commission; (11) Roadways. 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; and 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) Public 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, public housing, airports, hospitals, terminals, docks, parking facilities, or 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

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by condemnation under section 36-202 of the Code of Georgia of 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. 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) Building Regulation. 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 the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive City planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of

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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) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. 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) Fire Regulations. 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) Public Hazards, Removal. 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) Solid Waste Disposal. 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) Garbage Fees. 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

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for the manner and method of collecting such service charges; (25) Sewer Fees. 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; 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; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. 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; (28) Jail Sentences. To provide that persons given jail sentences in the City'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; (29) Animal Regulations. 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 disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking,

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upon or across the streets, roads, alleys and walkways of the City; (31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. 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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(39) Urban Redevelopment. To organize and operate an urban redevelopment program; (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety, and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (42) Other Powers. 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 stated 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 listing 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. 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 shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of

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a Mayor and five Councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office. The members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or members of the Council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in the municipal elections of the City. 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 salaries of the Mayor and Council shall be fixed by said Mayor and Council at the first regularly scheduled meeting of the City Council immediately following the regular election held each year except as otherwise limited by the general laws of the State of Georgia. The Mayor and Council of the City shall

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be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. 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. Section 2.15. Code of Ethics. The Council may enact by ordinances a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City. 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 this City 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 creation 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 wellbeing of the inhabitants of this City. 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

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offices, agencies, and departments expressly provided for by this charter. Section 2.18. Chief Executive Officer. The Mayor shall be the chief executive of this City. He shall possess 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 2.19. Powers and Duties of Mayor. As the chief executive of this City, the Mayor: (a) shall see that all laws and ordinances of the City are faithfully executed; (b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council; (c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter; (d) shall exercise supervision over all executive and administrative work of the City and to provide for the co-ordination of administrative activities; (e) may prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (f) may 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; (g) shall 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) shall call special meetings of the Council as provided for in section 2.23(b);

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(i) shall approve or disapprove ordinances as provided in section 2.20; (j) may examine and audit all accounts of the City; (k) shall require any department or agency of the City to submit written reports whenever he deems it expedient; (l) shall perform other duties as may be required by general State law, this charter or ordinance. Section 2.20. Submission of Ordinances to Mayor; Veto Power. (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Mayor, within ten calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his 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 meeting and should the Council then or at its next general meeting adopt the ordinance by an affirmative vote of three 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 Council over the Mayor's veto as provided herein. The reduced part or parts shall be presented to Council as though disapproved and shall become law unless overridden by Council as in subsection (c) above.

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Section 2.21. Mayor Pro Tem; Selection; Duties. The Council shall elect by majority vote from among its members a Mayor Pro Tem who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. The Council shall elect an acting Mayor Pro Tem from among its members for any period in which the Mayor Pro Tem is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Council. Section 2.22. Organization Meeting. (a) The Council shall meet for organization on the first scheduled meeting in January next 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 Councilman as the case may be) of this 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) 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 one year and until his successor is elected and qualified. Section 2.23. Regular and Special Meetings. (a) The Council shall hold regular meetings at such times and places as prescribed by ordinance. The Council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the Council may be held on call of the Mayor or two members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residences in advance of the meeting. Such notice shall not be required

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if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice 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 to the extent required by general State law, and notice to the public of special meetings shall be made fully as is reasonably possible forty-eight hours prior to such meetings. Section 2.24. 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 2.25. 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 2.26. 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 Buena Vista hereby ordains.... and every ordinance shall so begin. (b) An ordinance may be introduced by any member of the Council an read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected

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by the Council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except by unanimous consent of Council or for emergency ordinances as provided in section 2.27. Upon introduction of any ordinance, the Clerk shall, as soon as reasonable, distribute a copy to the Mayor and to each Council member 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 2.27. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the Council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three Councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 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 2.28. 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 2.26(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 2.29 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 2.29. 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 all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Council shall provide for the preparation of a general codification of all 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 council may specify. This compilation shall be known and cited officially as The Code of the City of Buena Vista, Georgia. Copies of the Code may 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 this City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.

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ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by Council. (d) There may be a director of each department or agency who shall be its principal officer. Each director may, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove directors under his supervision but such shall not be effective unless written notice of such action and the reasons therefor are given to the director involved and the Council. The director involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of three Council members. Section 3.11. Boards, Commissions and Authorities. (a) The Council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof.

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(b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on 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 general State law. (e) No member of a board, commission or authority shall assume office until he has 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 administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice-chairman 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 general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City. Section 3.12. City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of

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such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Sectionb 3.13. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct. Section 3.14. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State 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 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 3.17. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted the Council shall not increase

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or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed City officials are not City employees. Section 3.18. Personnel Policies. The Council may adopt rules and regulations consistent with this charter concerning: (a) the method of employee selection and probationary periods of employment; and (b) 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; and (c) 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 (d) such dismissal hearings as due process may require; and (e) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation of Recorder's Court. There is hereby established a court to be known as the Recorder's Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same. Section 4.11. Chief Judge, Associate Judge. (a) The Recorder's Court shall be presided over by a Chief Judge and such part-time, full-time, or standby Associate Judges as shall be provided by ordinance.

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(b) No person shall be qualified or eligible to serve as a Judge on the Recorder's Court unless he shall have attained the age of 21 years and be a resident of the same judicial circuit as the Recorder's Court is located in. All Judges shall be appointed by Council. (c) Compensation of the Judge or Judges of the Recorder's Court shall be determined by Council who may also remove for cause such Judge or Judges by a majority vote of the Council. (d) Before entering on duties of his office, each Judge shall take an oath given by the Mayor that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality which shall be entered upon Council minutes. Section 4.12. Convening. The Recorder's Court shall be convened at regular intervals as designated by Council or at such times as deemed necessary by the Judge 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 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 $75.00. The Recorder's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 60 days, or both. 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 60 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

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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 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 the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (f) The Recorder's Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The Recorder's Court is specifically vested with all the jurisdiction and powers throughout the entire area of the City granted by general State laws generally to Mayor's, Recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecutions of traffic violations.

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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 Marion 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 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. ARTICLE V ELECTIONS Section 5.10. Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.11. Election of Council and Mayor. (a) On the first Monday of December, 1977, and on said date biennially thereafter, there shall be an election for the Mayor and two Councilmen. For the period beginning when the Mayor and two Councilmen elected as provided herein take office and ending when the first three Councilmen elected under subsection (b) hereof take office, the governing authority of the City of Buena Vista shall be composed of the Mayor and two Councilmen elected as provided herein and the three Councilmen elected under the former charter of the City of Buena Vista whose regular terms of office will expire

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at the time the first two Councilmen elected under subsection (b) hereof take office. (b) On the first Monday of December, 1978, and on said date biennially thereafter, the remaining three Councilmen shall be elected to serve two-year terms. Thereafter, the Mayor and Councilmen shall be elected on the same date in the order of expiration of terms of those so elected such that a continuing body is created. (c) The terms of office of the Mayor and Councilmen elected as provided in this section shall begin upon their taking the oath of office as provided for in section 2.22 of this charter. Section 5.12. Special Elections; Vacancies. In the event that the office of Mayor or Council member 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 months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels. Section 5.14. Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Electon Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.15. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be

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removed 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) knowingly violate 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 5.16. Procedure for Removal. Removal of an above-described officer may be accomplished by one of the following methods: (a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 Marion 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 Marion County as provided by law. ARTICLE VI FINANCE Section 6.10. Property Tax. The Council may assess, levy, and collect an ad valorem tax on all real and personal

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property within the corporate limits of the City that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion. The City is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive. Section 6.11. Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. 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. Section 6.12. Occupation and Business Taxes. The Council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.13. Licenses, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City

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and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14. Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, or health services, or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. If unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees. Section 6.15. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners, under such terms and conditions as may be prescribed by ordinances. 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 6.16. Construction, Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this article shall not be construed as limiting

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in any way the general powers of the City to govern its local affairs. Section 6.17. Collection of Delinquent Taxes and Fees. The Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. 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 transfer 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

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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 6.21. Short-term Notes. The City must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.22. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or federal law. Section 6.23. Preparation of Budgets. The Council may provide an ordinance on 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 6.24. 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 fund to which it applies. Section 6.25. Capital Improvements Budget. (a) The mayor may 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

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budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants, provided that such authorization is passed by majority vote of the membership of the Council. (b) 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, 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 6.26. Independent Audit. There shall be an annual, independent audit of all City accounts, funds and financial transactions by a certified public accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds of the State or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.27. Contracting Procedures. No contract with the City shall be binding on the City unless: (a) it is in writing; (b) it is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.28. Centralized Purchasing. The Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the City. Section 6.29. Sale of City Property. (a) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law as now or later amended at section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p. 350).

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(b) 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. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a Small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.11. Franchises. The Council shall have the power to grant franchises for the use of the City's streets

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and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 25 years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City Clerk in a 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 7.12. 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 by ordinance or as may be provided by State law. Section 7.13. Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the City not in conflict with this charter shall continue in force unless repealed or amended for two years from the effective date of this charter. During such two-year period, the Council shall review all such provisions and shall readopt, repeal or amended each such that a codification as provided by section 2.29(b) is begun. Section 7.14. Prior 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 Council. Section 7.15. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing Council shall pass a transition ordinance detailing

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the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. Section 7.16. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or office as may be provided by the Council. Section 7.17. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 60 days or both such fine and imprisonment. Section 7.18. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word City shall mean the City of Buena Vista, Georgia. (d) The word Council shall mean the City Council of this City. (e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.19 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

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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 7.20. Specific Act Repealed. An Act incorporating the City of Buena Vista in the County of Marion, approved July 31, 1920 (Ga. L. 1920, p. 792), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.21. Effective Dates. For the purpose of holding the elections provided for in section 5.11 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective when the Mayor and Councilmen elected under subsection (a) of section 5.11 of this Act take their oaths of office. Section 7.22. 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 1977 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Buena Vista, Georgia. To provide for all matters relative thereto and for other purposes. This 4th day of January, 1977. Ward Edwards State Representative 110th House District Including Marion, Taylor and Chatta- hoochee Counties Georgia, Fulton County. Personally appeared before me, the undersigned Authority, duly authorized to administer oaths, Ward Edwards who, on oath, deposes and says that he is Representative from the

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110th 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 Marion County, on the following dates: January 6, 13 and 20, 1977. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 11th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. RANDOLPH COUNTYSMALL CLAIMS COURT CREATED. No. 443 (House Bill No. 834). An Act to create and establish a Small Claims Court in and for Randolph 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

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illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Randolph County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. The judge of the Small Claims Court shall be appointed from among the attorneys at law residing in Randolph County and who agree to make themselves available for such service. Such person need not be an active member of the bar. In the event no such attorney is available or agrees to serve, the judge of said court shall be appointed from among a list of no more than five persons whose names are submitted by a majority of the attorneys at law resident in Randolph County and who are actively engaged in the practice of law. If a majority of such attorneys cannot agree upon such a list of persons, then the appointing authority shall appoint such judge from such list of names as may be submitted by any or all of such attorneys. 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.

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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 Randolph 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. Disability. 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. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. 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. Procedures. (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

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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 initiated 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.

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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. (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

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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. It 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. Section 13. The judge of the Superior Court of Randolph 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

Page 3446

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. Judgment to be lien. Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals. Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms.

Page 3447

Small Claims Court of Randolph County

Page 3448

Section 18. On or before the effective date of this Act, the Board of Commissioners of Randolph County shall appoint a person qualified as provided in section 2 hereof, to serve as judge of said court until January 1, 1978, and until his successor is qualified. Thereafter, such judge shall be appointed as aforesaid by the grand jury of Randolph County which meets at the November term of each year of odd number, each such judge to serve a term of two years and until his successor is qualified. Judge. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by

Page 3449

the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Any and all compensation for personnel employed by said court shall be paid entirely from the fees of such court as provided for herein. Section 20. The State Librarian is hereby authorized and directed to furnish all available volumes of Ga. L. to the Small Claims Court, without cost to the court or the county. 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. Court Terms. Section 22. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and

Page 3450

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 that ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Contempt. Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Section 25. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3451

Legal Notice. Notice of intention to introduce local legislationNotice is hereby given that there will be introduced at the regular 1977 session of General Assembly of Georgia a bill to create a Small Claims Court for Randolph County, Georgia. This the 17th day of January, 1977. /s/ Melvin H. Peavy Chairman, Randolph County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times/News Record which is the official organ of Randolph County, on the following dates: January 20, 27 and February 3, 1977. /s/ Bob Hanner Representative, 130th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977.

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CITY OF AUGUSTA CHARTER AMENDEDMAYOR LIMITED TO THREE TERMS. No. 444 (House Bill No. 839). An Act to amend 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), so as to provide that the Mayor may not succeed himself 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), is hereby amended by striking from section I of the amendatory Act, approved February 8, 1955 (Ga. L. 1955, p. 2120), the fifth paragraph titled, Mayor may succeed himself, and substituting in lieu thereof the following: Mayor may succeed self in office. The Mayor of the City of Augusta shall be eligible to succeed himself in office; provided, however, he shall not be eligible to succeed himself after the expiration of a third term for a period of one term of three (3) years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that local legislation will be introduced at the January-February 1977 session of the General Assembly of Georgia to provide that the Mayor of the City Council of Augusta shall be eligible to succeed himself in office, provided, however, he shall not be able to succeed himself after the expiration of a third term for a period of three years, unless his first term has been an unexpired term; and for other purposes. Samuel F. Maguire Attorney for The City Council of Augusta

Page 3453

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 16, 23, 30, 1976. /s/ W S. Morris, III Sworn to and subscribed before me, this 5th day of January, 1977. /s/ E. Arlyene Armstrong Notary Public, Richmond County Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved March 23, 1977. BIBB COUNTY CIVIL COURTAUTHORITY FOR APPOINTMENT OF JUDGE PRO TEM EXPANDED. No. 445 (House Bill No. 840). An Act to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3741), so as to provide for additional circumstances under which a judge pro tempore may be appointed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, particularly by an Act approved April 3, 1972 (Ga.

Page 3454

L. 1972, p. 3741), is hereby amended by adding at the end of section 6 the following: The judge pro tempore shall serve at the pleasure of the judge, and also shall serve concurrently with the judge to assist him when the judge deems the court's business heavy enough to require it., so that when so amended section 6 shall read as follows: Section 6. Judge pro tempore. Be it further enacted by the authority aforesaid, that in the event the Judge of said Civil Court of Bibb County is from providential cause unable to discharge the duties of his office, or from any cause is disqualified or prevented from presiding in any cause in said court, the Judge of said Civil Court of Bibb County shall have the power and right to appoint some competent and disinterested attorney at law, resident of Bibb County to preside in said court in his stead, and the attorney so appointed, when the appointment is entered upon the minutes of said court, shall exercise all the functions and powers of the judge thereof. The compensation of said attorney for actual services as presiding judge shall be $25.00 per hour, but not to exceed $100.00 per day, to be paid as the other officers of said court are paid. The judge pro tempore shall serve at the pleasure of the judge, and also shall serve concurrently with the judge to assist him when the judge deems the court's business heavy enough to require it. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend the Act creating the Civil Court of Bibb County, so as to change certain of the provisions relating to the Judge Pro Tempore; and for other purposes. This 21st day of January, 1977. Frank Pinkston Representative, 100th District

Page 3455

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 28, February 4 and 11, 1977. /s/ Frank Pinkston Representative, 100th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WHITFIELD COUNTYBOARD OF COMMISSIONERS' COMPENSATION CHANGED. No. 446 (House Bill No. 841). An Act to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues for Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, so as to change 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

Page 3456

Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues for Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, is hereby amended by striking from section 10 the numbers and symbols $100.00 and $125.00 and inserting in lieu thereof the numbers and symbols $200.00 and $250.00, respectively, so that when so amended, section 10 shall read as follows: Section 10. Compensation and Allowances: Members of the board herein created, except the chairman, shall be paid, as their entire compensation for services, a sum of not more than $200.00 per month, the exact amount to be determined by said board of commissioners. The chairman of said board shall be paid as his entire compensation for services a sum of not more than $250.00 per month, the exact amount to be determined by said board of commissioners. The compensation provided for herein shall be paid from county funds. In addition thereto, each member shall be entitled to recover from the county the actual expenses expended by him while engaged in county business, which said claim for expenses shall be accompanied by an affidavit executed by said member, swearing that the same is true and correct and was expended by him in pursuance of county business. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia,

Page 3457

a bill to amend an act creating the Whitfield County Board of Commissioners of Roads and Revenues (Ga. L. 1964Vol. II, p. 2175), as amended (Ga. L. 1968Vol II, p. 3682, et seq) so as to increase the compensation of the members of the Board of Commissioners. This..... day of..... 1977. Roger Williams, Representative, 6th District Post No. 1 R. L. Foster Representative, 6th District, Post No. 2 Tom Ramsey Representative, 3rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. L. Foster who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following dates: December 31, 1976 and January 7, 14, 1977. /s/ R. L. Foster Representative, 6th District Sworn to and subscribed before me, this 17th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3458

ATKINSON COUNTYSUPERIOR COURT CLERK'S SALARY CHANGED. No 447 (House Bill No. 868). An Act to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary in lieu of the fee system of compensation, approved April 25, 1969 (Ga. L. 1969, p. 3613), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 3818), so as to change the compensation of said officer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary in lieu of the fee system of compensation, approved April 25, 1969 (Ga. L. 1969, p. 3613), as amended by an Act approved March 28, 1974 (Ga. L. 1974, p. 3818), is hereby amended by striking the symbols and figure $6,900.00 in section 2 in their entirety and inserting in lieu thereof the symbols and figure $8,200.00, so that section 2, when so amended, shall read as follows: Section 2. The said clerk shall receive an annual salary of $8,200.00, payable in equal monthly installments from the funds of Atkinson 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 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Atkinson County on an annual salary in lieu of the fee system of compensation, approved April 25, 1969 (Ga. L. 1969, p. 3613), as amended by an Act approved March 28,

Page 3459

1974 (Ga. L. 1974, p. 3818), so as to change the compensation of said officer; and for other purposes. This 18th day of January, 1977. Earl E. Haskins Chairman, County Commissioners Atkinson County Abe Minchew County Commissioner Atkinson County Jerry McKinnon County Commissioner Atkinson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr. who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: January 20, 27 and February 3, 1977. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3460

CLINCH COUNTYBOARD OF COMMISSIONERS' SALARY CHANGED. No. 448 (House Bill No. 869). An Act to amend an Act creating a Board of Commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2642), so as to authorize the Board of Commissioners of Clinch County to fix the salary of the Chairman of the Board within certain limits; to provide that changes in the salary of the Chairman of the Board shall be advertised in the legal organ of Clinch County prior to action by the Board; to change the salaries of the other members of the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2642), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. The Chairman of the Board shall receive an annual salary of not less than $8,400.00 and not more than $10,800.00, the exact amount to be determined by a majority vote of the Board of Commissioners of Clinch County. Action affecting the salary of the Chairman of the Board shall be advertised in the legal organ of Clinch County prior to any consideration or vote by the Board of Commissioners of Clinch County. Changes in the salary of the Chairman shall become effective immediately after being properly advertised and voted upon by a majority of the Board of Commissioners of Clinch County. The other members of the Board shall receive an annual salary of $1,200.00. All salaries shall be paid monthly out of the general funds of the county Provided, however, that if the Chairman does not devote his time to the discharge of his duties

Page 3461

as Chairman of the Board, then he shall receive only the salary provided herein for other members of the Board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to increase the salary of the Chairman of the Clinch County Board of Commissioners of Roads and Revenues; to repeal conflicting laws and for other purposes. This 10th day of January, 1977. Tom Crosby Representative, 150th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr. who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following dates: January 14, 21 and 28, 1977. /s/ Tom Crosby Representative, 150th District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3462

ATKINSON COUNTYSHERIFF'S COMPENSATION CHANGED. No. 449 (House Bill No. 870). An Act to amend an Act placing the Sheriff of Atkinson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), as amended, particularly by an Act approved March 18, 1975 (Ga. L. 1975, p. 2734), so as to change the compensation of the sheriff of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Atkinson County upon an annual salary, approved February 28, 1966 (Ga L. 1966, p. 2205), as amended, particularly by an Act approved March 18, 1975 (Ga. L. 1975, p. 2734), is hereby amended by striking the symbols and figure $10,500 in section 2 in their entirety and inserting in lieu thereof the symbols and figure $12,705.00, so that section 2, when so amended, shall read as follows: Section 2. The sheriff shall receive an annual salary of $12,705.00, payable in equal monthly installments from the funds of Atkinson County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Atkinson County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), as amended, particularly by an Act approved March 18, 1975 (Ga. L. 1975, p. 2734), so as to change the

Page 3463

compensation of the sheriff of said county; and for other purposes. This 18th day of January, 1977. Earl E. Haskins Chairman, County Commissioners Atkinson County Abe Minchew County Commissioner Atkinson County Jerry McKinnon County Commissioner Atkinson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosy, Jr. who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: January 20, 27, and February 3, 1977. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3464

CLINCH COUNTYDEPUTY SHERIFFS' COMPENSATION PROVISIONS CHANGED. No. 450 (House Bill No. 871). An Act to amend an Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3453), so as to change the provisions relating to the salaries of the deputy sheriffs and the part-time deputy sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3453), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The sheriff is hereby authorized to appoint two deputy sheriffs and one part-time deputy sheriff to assist him in the performance of his duties, and such deputy sheriffs and part-time deputy sheriff shall serve at the pleasure of the sheriff. Each of the two deputy sheriffs shall receive a salary of not less than $7,800.00 per annum and not more than $8,400.00 per annum. The deputy sheriffs shall not be eligible to receive the maximum salary specified herein until they have completed the basic course of instruction offered by the Georgia Peace Officer Standards and Training Council. The part-time deputy sheriff shall receive a salary of not more than $1,500.00 per annum. The sheriff shall be authorized to fix the salaries of the deputy sheriffs and part-time deputy sheriff within said limits with the approval of the Board of Commissioners of Clinch County, and when so fixed by the sheriff, said salaries shall be paid

Page 3465

in equal monthly installments from the funds of Clinch County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to increase the salaries of the deputy sheriffs of Clinch County; to repeal conflicting laws; and for other purposes. This 10th day of January, 1977. Tom Crosby, Jr. Representative, 150th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosy, Jr. who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following dates: January 14, 21 and 28, 1977. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3466

CLINCH COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED. No. 451 (House Bill No. 872) An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clinch County into the office of Tax Commissioner of Clinch County, approved April 10, 1971 (Ga. L. 1971, p. 3759), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Clinch County into the office of Tax Commissioner of Clinch County, approved April 10, 1971 (Ga. L. 1971, p. 3759), is hereby amended by striking the symbols and figure $9,600.00 in section 3 in its entirety and inserting in lieu thereof the symbols and figure $10,800.00, so that section 3, when so amended, shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $10,800.00, payable in equal monthly installments from the funds of Clinch County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to increase the salary of the Tax Commissioner of Clinch County; to repeal conflicting laws and for other purposes. This 10th day of January, 1977. Tom Crosby, Jr. Representative, 150th District

Page 3467

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr. who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following dates: January 14, 21 and 28, 1977. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF WARNER ROBINSCORPORATE LIMITS SET. No. 452 (House Bill No. 882). 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 section 2 and substituting in lieu thereof a new section 2 to read as follows:

Page 3468

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 intersects therewith; thence in a westerly direction along the southerly line of said property to a point where the easterly line of Land Lot

Page 3469

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[UNK] 31[UNK] E for 222.01 ft. to a point; thence S 87 40[UNK] W for 1756.35 ft. to a point; thence N 3 12[UNK] 30[UNK] W for 217.83 ft. to a point on the Southerly right-of-way of Feagin (Fagan) Mill Road, said point being 25 ft. southerly of the center line of said road; thence in a westerly direction along the southerly right-of-way of said road for 1,485 ft. to a point; thence in a northerly direction across said road for 65 ft. to a point on the northerly right-of-way of said road, said point being the southwesterly corner of Lot 1, Block `C' of Section No. 1, Turtle

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Creek Subdivision; thence N 01 06[UNK] 30[UNK] W for 477.34 ft. to a point; thence N 48 05[UNK] 54[UNK] W for 32.46 ft. to a point; thence N 11 18[UNK] 29[UNK] E for 194.61 ft. to a point; thence N 26 50[UNK] 55[UNK] E for 61.93 ft. to a point; thence N 13 37[UNK] 59[UNK] E for 137.11 ft. to a point; thence N 40 12[UNK] 55[UNK] E for 201.67 ft. to a point; thence N 10 58[UNK] W for 78 ft. to a point; thence S 82 29[UNK] 59[UNK] E for 92 ft. to a point; thence N 50 42[UNK] 34[UNK] E for 100.01 ft. to a point; thence S 33 06[UNK] 30[UNK] E for 140 ft. to a point; thence S 55 43[UNK] 42[UNK] E for 65 ft. to a point; thence S 33 06[UNK] 30[UNK] E for 100 ft. to a point; thence N 82 13[UNK] 12[UNK] E for 107.12 ft. to a point; thence S 67 54[UNK] 30[UNK] E for 80 ft. to a point; thence S 64 53[UNK] 35[UNK] E for 97.68 ft. to a point; thence S 57 12[UNK] 29[UNK] E for 100.45 ft. to a point; thence S 37 58[UNK] 55[UNK] E for 101.07 ft. to a point; thence S 52 32[UNK] 41[UNK] E for 111.19 ft. to a point; thence S 12 49[UNK] 25[UNK] E for 64.03 ft. to a point; thence S 70 49[UNK] 04[UNK] E for 148.0 ft. to a point; thence N 37 17[UNK] 17[UNK] E for 77.82 ft. to a point; thence S 72 08[UNK] 52[UNK] E for 336.98 ft. to a point; thence S 83 30[UNK] 32[UNK] E for 138.99 ft. to a point; thence N 85 56[UNK] 04[UNK] E for 61.22 ft. to a point; thence N 84 32[UNK] 16[UNK] E for 115.49 ft. to a point; thence N 40 43[UNK] 32[UNK] E for 150.03 ft. to a point; thence S 52 24[UNK] 23[UNK] E for 258.74 ft. to a point; thence S 01 06[UNK] 30[UNK] E for 424.64 ft. to a point, said point being the southeasterly corner of Lot 1, Block `A' of section No 1, Turtle Creek Subdivision; thence continuing S 01 06[UNK] 30[UNK] E for 10 ft. to a point, said point being on the northerly right-of-way of Feagin (Fagan) Mill Road and 30 ft. northerly of the center line of said road; thence in an easterly direction along the northerly right-of-way of said road for 4,406.4 ft. to a point; thence in a northerly direction for 10 ft. to a point; thence continuing in an easterly direction along the right-of-way of said road for 78.29 ft. 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

Page 3471

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 an 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[UNK] 30[UNK] W for 361.48 ft. to a point; thence N 35 26[UNK] 30[UNK] W for 609.23 ft. to a point; thence N 54 33[UNK] 30[UNK] E for 210 ft. to a point on the southwesterly right-of-way of Watson Road; thence N 35 26[UNK] 30[UNK] W along the right-of-way of said road for 404.4 ft. to a point; thence S 54 33[UNK] 30[UNK] W for 165 ft. to a point; thence N 35 26[UNK] 30[UNK] W for 40 ft. to a point; thence N 26 29[UNK] E for 85 ft. to a point; thence N 54 33[UNK] 30[UNK] E for 80 ft. to a point on the southwesterly right-of-way of Watson Road; thence N 35 26[UNK] 30[UNK] W along the right-of-way of said road to a point where the southerly right-of-way of Corder Road intersects therewith; thence S 89 58[UNK] 30[UNK] W along the southerly right-of-way of said road for 1149.99 ft. to a point; thence S 0 44[UNK] 16[UNK] W for 1037.93 ft. to a point; thence N 89 58[UNK] 30[UNK] E for 1183.07 ft. to a point; thence S 0 02[UNK] 18[UNK] W for 116.46 ft. to a point; thence S 0 04[UNK] 08[UNK] W for 1612.57 ft. to a point; thence N 89 42[UNK] W for 19.55 ft. to a point; thence S 89 47[UNK] 53[UNK] W for 1313.85 ft. to a point; thence N 0 44[UNK] 16[UNK] 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-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

Page 3472

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[UNK] 30[UNK] E for 199.89 ft. to a point; thence N 86 23[UNK] 50[UNK] W for 45.75 ft. to a point; thence S 58 57[UNK] W for 1711.14 ft. to a point; thence S 81 15[UNK] 05[UNK] W for 1095.78 ft. to a point; thence S 0 55[UNK] W for 215.3 ft. to a point; thence S 89 33[UNK] W crossing Nelson Drive for 1045.81 ft. to a point; thence S 67 27[UNK] 40[UNK] W for 269.52 ft. to a point; thence N 85 34[UNK] 40[UNK] W for 195.76 ft. to a point; thence S 85 27[UNK] 30[UNK] W for 216.63 ft. to a point; thence N 57 18[UNK] 20[UNK] W for 336.09 ft. to a point; thence N 80 13[UNK] W for 177.58 ft. to a point; thence N 42 59[UNK] 30[UNK] W for 163.19 ft. to a point; thence N 53 13[UNK] W for 264.70 ft. to a point; thence N 80 25[UNK] W for 287.99 ft. to a point; thence N 89 30[UNK] 20[UNK] W for 129.32 ft. to a point; thence N 89 27[UNK] 50[UNK] W for 290.86 ft. to a point at the easterly end of Amanda Place; thence S 0 32[UNK] 10[UNK] 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[UNK] 50[UNK] W along the southerly right-of-way of said street for 642.58 ft. to a point; thence N 0 32[UNK] 10[UNK] E for 50 ft. to a point on the northerly right-of-way of said street; thence S 89 27[UNK] 50[UNK] E along the right-of-way of said street for 112.23 ft. to a point; thence N 34 42[UNK] 40[UNK] W for 189.10 ft. to a point; thence N 0 26[UNK] 30[UNK] E for 95.57 ft. to a point on the southerly line of Security Services, Inc. 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

Page 3473

the southerly line of said property for 915.49 ft. to a point; thence S 0 26[UNK] 30[UNK] W for 90.79 ft. to a point; thence S 34 42[UNK] 40[UNK] 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[UNK] 10[UNK] W for 17.5 ft. to a point; thence S 89 27[UNK] 50[UNK] E for 290.86 ft. to a point; thence S 89 30[UNK] 20[UNK] E for 130.46 ft. to a point; thence S 80 25[UNK] E for 392.86 ft. to a point; thence S 53 13[UNK] E for 269.67 ft. to a point; thence S 42 59[UNK] 30[UNK] E for 159.48 ft. to a point; thence S 80 13[UNK] E for 175.58 ft. to a point; thence S 57 18[UNK] 20[UNK] E for 334.07 ft. to a point; thence N 85 27[UNK] 30[UNK] E for 212.76 ft. to a point; thence S 85 34[UNK] 40[UNK] E for 193.34 ft. to a point; thence N 67 27[UNK] 40[UNK] E for 308.74 ft. to a point; thence N 89 33[UNK] E for 997.48 ft. to a point on the easterly right-of-way of Nelson Drive; thence N 0 55[UNK] E along the easterly right-of-way of Nelson Drive for 198.31 ft. to a point; thence N 81 15[UNK] 05[UNK] E for 1105.48 ft. to a point; thence N 58 57[UNK] E for 1712.86 ft. to a point; thence S 86 23[UNK] 50[UNK] E for 51.69 ft. to a point; thence N 8 23[UNK] 30[UNK] 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 minute 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 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

Page 3474

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 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 [UNK]E[UNK] 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

Page 3475

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[UNK] 30[UNK] E for 821.92 feet to a point; thence S 89 40[UNK] 30[UNK] E for 330 feet to a point; thence S 0 19[UNK] 30[UNK] 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 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

Page 3476

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[UNK] W for 622.29 ft. to a point; thence N 89 41[UNK] 30[UNK] W for 350 ft. to a point; thence N 0 24[UNK] 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 the northerly direction along the southerly, southwesterly, and westerly right-of-way of Rusty Road to the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right-of-way of said road for a distance of 350 feet to a point; thence in a southerly direction to the rear corner of Lots 17 and 18, Block `A', of Section No. 2, Sonja Heights Subdivision; thence in an easterly direction along the rear lot lines of Lots 17, 16 and 15 of said Block to a point 40.19 feet easterly of the rear corner of Lots 15 and 16 of said Block; thence in a southeasterly and then southerly direction of the northeasterly and easterly line of Lot 15 of said Block to the southeast corner of Lot 15 of said Block; thence continuing in a southerly direction across Cheryl Blvd. to a point on the southerly right-of-way of Cheryl Blvd.; thence in an easterly direction along the southerly right-of-way of Cheryl Blvd. to the northwest corner of Lot 1, Block `F' of Section No. 1, Sonja Heights Subdivision; thence in a southerly direction along the westerly line of Lot 1 of said Block `F' for 109.67 feet to a point; thence in a generally southerly direction

Page 3477

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[UNK] E for 590.91 feet to a point; thence S 89 35[UNK] 30[UNK] 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. Notice of Intent to Introduce Legislation. Notice is hereby given of intention to introduce into the 1977 General Assembly a bill to deannex and remove from the corporate limits of the City of Warner Robins, Georgia,

Page 3478

certain property owned by J. J. Selph Enterprises, Inc., and more particularly described as follows: All that tract or parcel of land situate, lying and being in Land Lots 222 and 223 of the Tenth Land District of Houston County, Georgia, more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of Feagin Mill Road and the westerly right-of-way line of Bonanza Drive and from said point extend South 87 degrees 10[UNK] 00[UNK] West along the southerly right-of-way line of Feagin Mill Road for a distance of 400 feet to a point. Then extend South 01 degrees 05[UNK] 31[UNK] East for a distance of 222.01 feet to the POINT OF BEGINNING of the property being described. From said POINT OF BEGINNING extend South 87 degrees 40[UNK] 00[UNK] West for a distance of 1756.35 feet more or less to a point and corner, said point being located 217.83 feet southerly on a bearing of South 03 degrees 12[UNK] 30[UNK] East of the southerly right-of-way line of Feagin Mill Road. (Said point and corner being further described as follows: Commencing at the intersection of the southerly right-of-way line of Feagin Mill Road and the westerly right-of-way line of Bonanza Drive and from said point extend South 87 degrees 10[UNK] 00[UNK] West along the southerly right-of-way line of Feagin Mill Road for a distance of 400 feet to a point; thence extend South 87 degrees 10[UNK] 00[UNK] West along the southerly right-of-way line of Feagin Mill Road for a distance of 476.26 feet to a point; thence extend South 87 degrees 40[UNK] 00[UNK] West along the southerly right-of-way line of Feagin Mill Road for a distance of 1288.24 feet to a point; thence EXTEND South 3 degrees 12[UNK] 30[UNK] East for a distance of 217.83 feet to SAID POINT AND CORNER. The foregoing description furnished within parenthesis is solely to aid in ascertaining the point and corner and the land owned by J. J. Selph Enterprises, Inc., fronting on Feagin Mill Road will remain in the City Limits in accordance with the remainder of the metes and bounds description. From said POINT AND CORNER extend South 03 degrees 12[UNK] 30[UNK] East for a distance of 1917.47 feet to a point; thence extend South 35 degrees 53[UNK] 20[UNK] West for a distance of 373 feet to a point; thence extend South 54 degrees 06[UNK] 40[UNK] East for a distance of 1306.90 feet to a point; thence extend North 35 degrees

Page 3479

52[UNK] 20[UNK] East for a distance of 1438.00 feet to a point; thence extend North 01 degrees 01[UNK] 32[UNK] West for a distance of 406.30 feet; thence extend North 01 degrees 05[UNK] 31[UNK] West for a distance of 1483.32 feet to the POINT OF BEGINNING. This the 13th day of January, 1977. Roy H. Watson, Jr. Representative, 114th District Attorneys at Laws PO 1990 Warner Robins, Ga. Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, intent to introduce legislation J. J. Selph Enterprises Inc. was published in The Houston Home Journal on the following dates: January 20, 27, February 3, 1977. This 3 day of February, 1977. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me, this 3th day of February, 1977. /s/ Janice E. Colwell Notary Public, Houston County, Georgia. My Commission Expires March 7, 1980. (Seal). Approved March 23, 1977.

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ECHOLS COUNTY COURTJUDGE'S COMPENSATION PROVISIONS CHANGED. No. 453 (House Bill No. 884). An Act to amend an Act creating the County Court of Echols County, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3195), as amended by an Act approved February 4, 1955 (Ga. L. 1955, p. 2033), and an Act approved February 26, 1957 (Ga. L. 1957, p. 2274), so as to change the minimum and maximum amounts allowed to 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 County Court of Echols County, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3195), as amended by an Act approved February 4, 1955 (Ga. L. 1955, p. 2033), and an Act approved February 26, 1957 (Ga. L. 1957, p. 2274), is hereby amended by striking from section 24 thereof the following: six hundred dollars ($600.00), and substituting in lieu thereof the following: $900.00, and by striking from said section the following: nine hundred dollars ($900.00), and substituting in lieu thereof the following: $1,200.00, so that when so amended section 24 shall read as follows: Section 24. For his services as judge and ex officio clerk of said county court, said officer shall be paid not less than the sum of $900.00 per annum, out of the county treasury of Echols County, which salary shall be paid in monthly installments due on the first Monday of each month for the

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preceding month. Said judge shall, in addition to said salary, be permitted all fees herein allowed for his services as both judge and clerk in civil cases. The county commissioners by majority vote may increase said salary not to exceed $1,200.00 per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to change the compensation of the County Judge of Echols County, Georgia, to provide for other matters relative to the foregoing and for other purposes. This 19th day of January, 1977. Henry L. Reaves Representative, 147th District Georgia, Echols 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 Echols County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Valdosta Daily Times, which is the official organ of said County on the following dates: January 22, 29, and February 5, 1977. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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TOWN OF BOWERSVILLENEW CHARTER. No. 454 (House Bill No. 885). An Act to create a new charter for the Town of Bowersville in the County of Hart; to provide for incorporation; to provide for corporate boundaries; to provide for specific and general powers and the construction and exercise thereof; to provide for a governing body, its form and members, their terms, qualifications, compensation and expenses; to provide for vacancy, forfeiture, filling of vacancy, prohibitions, inquiries and investigations; to provide for general power and authority of the town council; to provide for the duties of mayor; to provide for organizational meetings, regular and special meetings, rules of procedure, quorum, voting, enactment of ordinances, codes of technical regulation, and authentication, recording and codification of ordinances; to provide for mayor pro tempore; to provide for the executive branch, its administrative and service departments and boards, commissions and authorities; to provide for a town clerk; to provide for personnel administration; to provide for the judicial branch including the municipal court, its convening, jurisdiction and powers; to provide for a judge; to provide for appeal; to provide for general and special elections; to provide for the applicability of general laws; to provide for vacancies, and for grounds and procedure for removal; to provide for financial and fiscal matters including property taxes, tax levy, tax due date and tax bills, collection of delinquent taxes, license fees, occupational and excise taxes, sewer service charges, sanitary and health service charges, special assessments and transfer of executions; to provide for fiscal year and preparation and adoption of operating budget; to provide for bonds; to provide for existing ordinances and regulations; to provide for section captions; to provide for penalties; to provide for specific repeal; to provide for severability; to provide an effective date; to repeal conflicting laws; to provide for referendum; and for other purposes.

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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 Town of Bowersville in the County of Hart, repealing and replacing the charter provided by an Act of the General Assembly, approved September 4, 1883 (Ga. L. 1883, p. 316), as amended by an Act approved September 16, 1891 (Ga. L. 1891, p. 793), an Act approved December 24, 1896 (Ga. L. 1896, p. 133), an Act approved August 17, 1908 (Ga. L. 1908, p. 461), an Act approved August 21, 1911 (Ga. L. 1911, p. 840), an Act approved August 10, 1920 (Ga. L. 1920, p. 754), and by an Act approved July 10, 1924 (Ga. L. 1924, p. 456). The Town of Bowersville, Georgia, in the County of Hart and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the Town of Bowersville, Georgia. Under that name, said town 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. The boundaries of the Town of Bowersville 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. In accordance with procedures established by ordinance of the council, the town clerk shall maintain a map, a written legal description or any combination thereof showing the current boundaries of the Town of Bowersville

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to be retained permanently in the town records and to be designated as the case may be: Map (or Description) of the Corporate Limits of the Town of Bowersville, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description, and shall be made at the direction of the council. Photographic, typed, or other copies of such map or description certified by the own clerk shall be admitted in evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12. Specific Powers. The corporate powers of the government of the Town of Bowersville, 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 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 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;

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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 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 are or or may be enacted; (8) to acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) to grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations 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,

Page 3486

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 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 airconditioning 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; 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 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 fortunetelling or palmistry;

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(19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the right-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; (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 town from all individuals, firms and corporations residing in or doing business therein and benefiting from such services; to enforce the payment of such charges, taxes or fees and to provide for the manner and method of collecting such service charges; (26) to levy a fee, charge or sewer tax as necessary to

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assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewerage 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 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; (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; 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 sentences in any public works or on the streets, roads, drains and squares in the town; 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

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of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the town; 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 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; (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; (35) 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

Page 3490

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 apepar 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; (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 of 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 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

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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 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 to 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 GOVERNING BODY Section 2.10. Form of Government. The government of the Town of Bowersville shall be vested in a town council, which shall consist of a mayor and four councilmen, chosen as hereinafter provided. The mayor and councilman shall be collectively known as the Town Council of Bowersville. Section 2.11. Terms and Qualifications of Office. The members of the council, including the mayor, shall assume office on the second Monday in January of each year and shall serve for terms of one year and until their respective

Page 3492

successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he or she: (1) has been a resident of the town for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside within the town during his period of service; (3) is registered and qualified to vote in municipal elections of the Town of Bowersville; 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 the term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and Expenses. The mayor and councilmen shall receive as compensation for their

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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 member of the council shall hold any other elective municipal office or municipal employment in the Town of Bowersville 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 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 Bowersville provided in Article I. (b) In addition to all other powers conferred on 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 and welfare, sanitation, comfort, convenience, prosperity or wellbeing of the inhabitants of the Town of Bowersville and may enforce such ordinances, resolutions, rules and regulations by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments of

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the town and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. Section 2.17. Duties of Mayor. The mayor shall: (a) exercise all the rights, powers, duties and responsibilities of a council member; (b) preside at all meetings of the council; (c) be the official head of the town for the service of process and for ceremonial purposes; (d) have power to administer oaths and to take affidavits; (e) sign all written contracts entered into by the council on behalf of the town and all other contracts and instruments executed by the town which by law are required to be in writing; (f) see that all laws and ordinances of the town are faithfully executed; (g) perform other duties as may be required by law, this charter or ordinance. Section 2.18. Organization Meeting. The council shall meet for organization on the date and at the time of the first regular meeting following each regular election. The meeting shall be called to order by the town clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear that I will faithfully and impartially discharge the duties of (mayor or councilman as the case may be) of the Town of Bowersville to the best of my skill and power, so help me God. The newly elected members shall subscribed the oath and file it with the town clerk who shall record it in the minutes of the meeting.

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Section 2.19. Mayor Pro Tempore. At the organization meeting described in section 2.18, the council shall elect one of its members mayor pro tempore for that year who shall discharge the duties and exercise the powers and authority of mayor in the absence, disability or disqualification of the mayor and during a vacancy in the office of mayor; provided, that his or her rights and duties as councilman shall remain unimpaired. Section 2.20. 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 and two members of the council or three members of the council without the mayor. Notice of such special meetings shall be served on all other members personally or by telephone personally, or shall be left at their 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. Attendance at a special meeting shall constitute a waiver of notice of the 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 2.21. 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 the keeping of a journal of its proceedings, which shall be a public record. Section 2.22. Quorum; Voting. The mayor and two councilmen or three councilmen without the mayor shall

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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 the mayor and two councilmen or three councilmen without the mayor shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 2.23. Enactment of Ordinances. (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance Each proposed ordinance 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: Be it ordained by the Town Council of Bowersville.... Any ordinance which repeals or amends an existing ordinance shall set forth the ordinance sections or subsections to be repealed or amended. (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. Every ordinance shall be signed by the mayor after its adoption. 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 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 2.25. (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.

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Section 2.25. Authentication, Recording and Codification of Ordinances. (a) The town clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The council may provide for the preparation of a general codification of all ordinances of the town having the force and effect of law. The general codification may be adopted by the council by ordinance, and if so adopted, shall be known as The Code of the Town of Bowersville, Georgia. All ordinances enacted subsequent to the adoption of the code shall be incorporated therein. 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 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 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 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 ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance, and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the

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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 ordinance of the town council. Section 3.11. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities of the town 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 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 clerk of the town an oath obligating himself to perform the duties of his office faithfully and impartially, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of the board, commission or authority may be removed from office for cause by a two-thirds vote of the members of the council.

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(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 town 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 town. Each board, commission, or authority of the town government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the town, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the town. Section 3.12. Town Clerk. The council shall appoint a town clerk, who shall also serve as the town treasurer, with such compensation as shall be determined by the council. The town clerk shall keep a journal of the proceedings of the town council, maintain in a safe place all records and documents pertaining to the affairs of the town and perform such other duties as may be required by law or as the council may direct. Section 3.13. Personnel Administration. The council may adopt ordinances, rules and regulations consistent with this charter dealing with: (1) the method of employee selection and probationary periods of employment; (2) adoption and administration of a position classification any pay plan including methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;

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(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 and procedures as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Bowersville. ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal Court. There is hereby created a court to be known as the Municipal Court of the Town of Bowersville which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law. Section 4.11. Judge of the Municipal Court. The municipal court shall be presided over by the judge of the municipal court who shall have such qualifications as the council shall by ordinance provide. 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. 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 is specifically vested with all of the jurisdiction and powers throughout the entire area of the Town of Bowersville granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. (b) The municipal court shall have authority to punish those in its presence for contempt, by a fine not to exceed fifty dollars or imprisonment not to exceed five days. The

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municipal court may fix punishment for offenses within its jurisdiction not exceeding five hundred dollars or imprisonment not to exceed thirty days, or any part of such punishments or combination thereof, 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 thirty days. (c) 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. (d) 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 isued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the Town of Bowersville, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (e) 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. (f) 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.

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(g) 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. Section 4.14. Appeal. Any person convicted of an offense in the municipal court shall have the right to apply to the Superior Court of Hart County for a writ of certiorari. The right of appeal and procedures pertaining to appeal bonds to the Superior Court of Hart 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. ARTICLE V ELECTIONS Section 5.10. Regular Elections. The first election of the Town Council of Bowersville under this charter shall be on the second Monday in January, 1978. Annually, thereafter, elections shall be held on the second Monday in January. Section 5.11. Applicability of General Laws. The procedures and requirements for election of all elected officials of the Town of Bowersville 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. Laws 1968, p. 885), as now or hereafter amended. Section 5.12. 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 180 days 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

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provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933, as now or hereafter amended. Section 5.13. 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 offices as required by this charter or by law. Section 5.14. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of two-thirds vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 Hart 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 Hart County as provided by law.

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ARTICLE VI FINANCIAL AND FISCAL MATTERS 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 Bowersville. The council by ordinance shall elect to 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. Section 6.11. Tax Levy. The council shall be authorized to levy and ad valorem tax, not to exceed fifteen mills on each dollar of taxable value, on all property, real, personal and mixed, which may be lawfully taxed by 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 shall also be authorized to levy an ad valorem tax to provide a sinking fund sufficient for the purpose of paying the principal and interest on the bonded indebtedness of said town as required by law. The Town of Bowersville 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 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 and executed by any police officer of the town under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal

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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. License Fees, Occupational Taxes, Excise Taxes. The council by ordinance shall have full power to levy such license fees and specific or occupation taxes upon the residents of the Town of Bowersville, 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 town; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. 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 Bowersville, 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 a lien for town property taxes. Section 6.16. Sanitary and Health Services Charge. The

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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 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, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property 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

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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 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 hereinafter provided by law. Section 6.19. Fiscal Year; Preparation and Adoption of Operating Budget. (a) 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 unless otherwise provided by State or federal law. (b) On or before a date fixed by the council prior to the beginning of each fiscal year, the council shall prepare and adopt a budget for the ensuing fiscal year. The council shall provide by ordinance the procedures and requirements for the preparation and execution of said annual budget. The budget and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees of the Town of Bowersville, 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 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the Town of Bowersville 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

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of departments or agencies of the Town of Bowersville 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 shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 7.14. Specific Repealer. An Act incorporating the Town of Bowersville in the County of Hart, approved September 4, 1883 (Ga. L. 1883, p. 316), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.15. Severability. In the event any section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.16. Effective Date. This charter shall become effective upon its approval by the Governor or upon its becoming law without his approval, subject to its ratification by the voters of the Town of Bowersville as provided in Article VIII. Section 7.17. Conflicting Laws Repealed. All laws and parts of laws in conflict with this Act are hereby repealed.

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ARTICLE VIII REFERENDUM Section 8.10. Referendum. (a) Except for the purpose of the election provided for in this section, this Act shall have no force and 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 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the Town of Bowersville to issue the call for an election for the purpose of submitting this Act to the voters of said town for approval or rejection. The governing authority 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 governing authority shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Hart County. The ballot shall have written or printed thereon the following words: () YES () NO Shall the Act providing a new charter for the Town of Bowersville be approved? All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the Town of Bowersville. It shall be the duty of the governing authority to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State.

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Notice. The town council wishes to approve a charter for the town of Bowersville. A copy of the charter has been furnished to the Honorable Billy Milford, state representative, District 13, Post 2 and he has been requested to introduce the charter in the 1977 session of the General Assembly for its consideration. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: December 31, 1976, January 7, 14, 1977. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977. ECHOLS COUNTY SUPERIOR COURTSALARY SUPPLEMENT PROVIDED FOR CLERK. No. 455 (House Bill No. 886). An Act to provide for a supplement to the compensation of the Clerk of the Superior Court of Echols County; to

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authorize the governing authority of Echols County to increase the amount of such supplement; 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 addition to any compensation otherwise provided by law for the Clerk of the Superior Court of Echols County, the compensation of the Clerk of the Superior Court of Echols County shall be supplemented by the governing authority of Echols County in the amount of $900.00 per annum. The governing authority of Echols County, within its discretion, may increase the amount of said supplement to a total amount of not more than $1,800.00 per annum. The supplement provided for in this section shall be paid in equal monthly installments from the funds of Echols 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of the Superior Court of Echols County, Georgia; to provide for other matters relative to the foregoing, and for other purposes. This 19th day of January, 1977. Henry L. Reaves Representative District 147

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Georgia, Echols 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 Echols County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Valdosta Daily Times, which is the official organ of said County on the following dates: January 22, 29, February 5, 1977. /s/ Henry L. Reaves Representative District 147 Sworn to and subscribed before me this 15th day of February, 1977. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. ECHOLS COUNTY PROBATE COURTSALARY SUPPLEMENT FOR JUDGE PROVIDED. No. 456 (House Bill No. 887). An Act to provide for a supplement to the compensation of the Judge of the Probate Court of Echols County; to authorize the governing authority of Echols County to increase the amount of such supplement; 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 addition to any compensation otherwise

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provided by law for the Judge of the Probate Court of Echols County, the compensation of the Judge of the Probate Court of Echols County shall be supplemented by the governing authority of Echols County in the amount of $900.00 per annum. The governing authority of Echols County, within its discretion, may increase the amount of said supplement to a total amount of not more than $1,800.00 per annum. The supplement provided for in this section shall be paid in equal monthly installments from the funds of Echols 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to authorize the Echols County Board of Commissioners to supplement the compensation of the Judge of the Probate Court of Echols County, Georgia; to provide for other matters relative to the foregoing, and for other purposes. This 19th day of January, 1977. Henry L. Reaves Representative District 147 Georgia, Echols 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 Echols County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Valdosta Daily Times, which is the official

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organ of said County on the following dates: January 22, 29, 1977, February 5, 1977. /s/ Henry L. Reaves Representative District 147 Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon, Notary Public, Georgia tSate at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF HINESVILLE CHARTER AMENDEDMAYOR'S COURT RENAMED RECORDER'S COURT, ETC. No. 457 (House Bill No. 888). An Act to amend an Act providing a new charter for the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the name of the mayor's court; to provide that the mayor pro tem may serve as the recorder; to increase the maximum permissible punishments in recorder's court; to provide qualifications for the recorder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, is hereby amended by striking in its entirety section 20 and substituting in lieu thereof a new section 20 to read as follows: Section 20. Recorder's Court. There shall be a recorder's

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court for the trial of all offenders against the laws or bylaws, ordinances and regulations of said city. The mayor, mayor pro tem, or recorder to be appointed by the mayor and council may serve as the judge of said court. Said court shall have the power to preserve order and punish for contempt as hereinafter provided. Said court is hereby empowered to compel the attendance of witnesses and to hold witnesses in contempt for failure to obey the mandates and subpoenas of the court. Said court shall be authorized and empowered to punish for violation of the laws or ordinances of said city by imprisonment in the city prison for a period not exceeding 90 days, by compelling the defendant or offender to labor upon the streets of said city for a period not longer than 90 days or by a fine not exceeding $500, to include costs of court, which fine may be collected by execution, or by any one or more of these punishments, in the discretion of the court. Either one of said punishments may be imposed as an alternative punishment to some other imposed. The council shall fix fees for the marshal, clerk and presiding officers of said court to be taxed against losing party in all cases. In order to be eligible to be appointed recorder, an individual shall be at least 25 years of age, of good moral character and be a resident of Liberty County. 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 1977 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Hinesville, so as to increase the maximum punishments permissible in the Mayor's Court; to allow the Mayor and Mayor Pro Tem to serve as the Judge of the Mayor's Court; to change the qualifications of the Judge of the Mayor's Court; and for other purposes. This 24th day of January, 1977. Ren D. Kemp Representative 139th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald which is the official organ of Liberty County, on the following dates: January 27, February 3, 10, 1977. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. MILLER COUNTYCONVEYANCE OF REAL PROPERTY TO BOARD OF COMMISSIONERS AUTHORIZED. No. 4 (House Resolution No. 113-477). A Resolution. Authorizing the conveyance of certain real property located in Miller County, Georgia, to the Board of Commissioners of Miller County; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Miller County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and

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Whereas, the said real property was conveyed to the State of Georgia, for the use and benefit of the Department of Agriculture, on the second day of June, 1971, under the terms of a warranty deed executed by the Board of Commissioners of Miller County for the consideration of $1.00 and other valuable considerations; and Whereas, the said conveyance to the State of Georgia was undertaken so as to permit the construction on such real property of a livestock barn, show arena and related facilities, such facilities to be operated by the Board of Commissioners of Miller County for agricultural purposes, programs and meetings; and Whereas, such facilities were in fact constructed and have been operated for such purposes pursuant to the terms of an agreement entered into between the Department of Agriculture and the Board of Commissioners of Miller County and dated the second day of June, 1971; and Whereas, the said facilities are currently in need of repair, painting and enlargement although the Department of Agriculture does not presently intend or anticipate allocating monies for such purposes; and Whereas, the Board of Commissioners of Miller County has agreed to undertake such repairs, painting and enlargements if the State of Georgia will reconvey the said real property to the association; and Whereas, said real property is all that tract or parcel of land, together with the right of ingress thereto and engress therefrom, lying and being in Land Lot 192 of the 13th Land District of Miller County, Georgia, and being more particularly as follows: From the intersection of the west right-of-way line of West Street with the north right-of-way line of U. S. Highway 27, run in a westerly direction along the north right-of-way of said Highway along a 2 degree curve to the left with a chord bearing south 84 degrees 53 minutes west 339 feet; thence continuing along the north right-of-way of said Highway south 81 degrees 30 minutes west

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254 feet to the Point of Beginning. From said point of beginning continue south 81 degrees 30 minutes West 257 feet to an iron pin; thence north 06 degrees 32 minutes west 508.48 feet to an iron pin; thence south 06 degrees 32 minutes east 508.48 feet to the point of beginning; as shown on a plat of survey prepared by Earl Thursby, Georgia Registered Land Surveyor No. 1732, dated November 25, 1971. The property conveyed contains 2.998 acres.; and Whereas, the above described tract of land is no longer needed by the State of Georgia and is therefore surplus. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Commission, acting for and in behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract of property subject to the following conditions: (1) that said tract of property shall be conveyed to the Board of Commissioners of Miller County for the consideration of the benefit accruing to the State and $10.00, said property to revert back to the State should it cease to be used for agricultural, promotional or related activities; and (2) that the conveyance of said tract of property shall be approved by the State Properties Commission; and (3) that the sale and transfer of said tract of property shall be upon such other terms and conditions as shall be prescribed by the State Department of Agriculture. Be it further resolved that, for purposes of compliance with the provisions of Code section 91-403A (b) (4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Department of Agriculture shall constitute an acceptable plat for filing with the Secretary of State. Approved March 23, 1977.

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JOHN PAUL JOHNS BRIDGE DESIGNATED. No. 14 (Senate Resolution No. 59). A Resolution. Authorizing and directing the State Department of Transportation to designate a bridge in Stephens County, Georgia, as the John Paul Johns Bridge; and for other purposes. Whereas, Mr. John Paul Johns is a long-time and distinguished resident of Stephens County, Georgia; and Whereas, the Board of Commissioners of Stephens County, the Georgia Power Womans Club, and numerous residents of Stephens County and friends of Mr. Johns have recommended and proposed that he be honored by designation of a new bridge in Stephens County as the John Paul Johns Bridge; and Whereas, the new bridge proposed to be so designated is the new bridge over the Tugaloo River located on State Road 184, five miles, more or less, northeast of Toccoa. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to designate the bridge spanning the Tugaloo River on State Road 184, five miles, more or less, northeast of Toccoa as the John Paul Johns Bridge. Be it further resolved that the State Department of Transportation is hereby authorized and directed to erect an appropriate marker at each end of the bridge in honor of Mr. John Paul Johns. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Tom Moreland, Commissioner of the State Department of Transportation; the Chairman of the Board of Commissioners of Stephens County, Georgia; and Mr. John Paul Johns. Approved March 23, 1977.

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LIBERTY COUNTY SUPERIOR COURTPROVISIONS RELATING TO SHERIFF CHANGED. No. 458 (House Bill No. 889). An Act to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2340), as amended, particularly by an Act approved March 21, 1975 (Ga. L. 1975, p. 2790), so as to change the subsistence allowance of the sheriff; to change certain provisions relating to the compensation of certain deputies; to provide for the employment of a lieutenant and criminal investigator in the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2340), as amended, particularly by an Act approved March 21, 1975 (Ga. L. 1975, p. 2790), is hereby amended by striking from the first sentence thereof the following: $200.00, and substituting in lieu thereof the following: not less than $200.00, and by adding in the fifth sentence of section 4 after the word of the following: not less than, and by adding at the end of said section the following paragraph: Subject to the approval of the governing authority of Liberty County, the sheriff shall be authorized to employ

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a lieutenant and criminal investigator. Their annual salaries shall be not less than $9,400, each. In addition to such salary, each such employee shall receive a $100 per month subsistence allowance., so that when so amended section 4 shall read as follows: Section 4. The Sheriff of Liberty County shall be compensated in the amount of $13,500.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. In addition to the salary herein provided for, the sheriff shall receive a supplemental compensation of not less than $200.00 per month for subsistence allowance. This compensation shall be in lieu of the fees which said sheriff has heretofore received. Such compensation shall be all-inclusive, and the sheriff shall receive no other compensation for any services he performs in any capacity or in any court, except as provided in this Act. Full-time deputies shall be compensated in the amount of not less than $700.00 per month as salary. In addition to the salary herein provided for, the full-time deputy sheriffs shall receive a supplemental compensation of $100.00 per month for subsistence allowance. Said salary and subsistence allowance shall be paid from the funds of Liberty County. Part-time deputies shall be compensated in the amount of $150.00 per month, to be paid from the funds of Liberty County. The County Commissioners of Liberty County shall furnish adequate transportation to the full-time deputies, or in lieu thereof, shall compensate such deputies at the rate of ten (10) cents per mile for actual miles traveled inside Liberty County while in the performance of their duties. The sheriff and any deputy shall be entitled to and shall receive mileage allowance at the rate of ten (10) cents per mile for actual miles traveled outside Liberty County when in the performance of their duties when not using a county vehicle. Subject to the approval of the governing authority of Liberty County, the sheriff shall be authorized to employ a lieutenant and criminal investigator. Their annual salaries shall be not less than $9,400, each. In addition to such salary, each such employee shall receive a $100 per month subsistence allowance.

Page 3522

Section 2. The provisions of this Act shall become effective on July 1, 1977. 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 1977 Session of the General Assembly of Georgia, a bill to amend the Act placing the Sheriff of Liberty County upon an annual salary, so as to change the provisions for the compensation of Deputy Sheriffs; to provide for additional personnel; and for other purposes. This 24th day of January, 1977. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald which is the official organ of Liberty County, on the following dates: January 27, February 3, 10, 1977. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3523

LIBERTY COUNTY SMALL CLAIMS COURT JURISDICTION CHANGED. No. 459 (House Bill No. 890). An Act to amend an Act creating a Small Claims Court for Liberty County, approved April 17, 1975 (Ga. L. 1975, p. 3705), so as to change the jurisdiction of said court; to change certain costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court for Liberty County, approved April 17, 1975 (Ga. L. 1975, p. 3705), is hereby amended by striking from section 1 the following: 1,000.00, and substituting in lieu thereof the following: 2,000.00, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Liberty County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $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. Section 2. Said Act is further amended by striking in its entirety subsection (a) of section 8 and substituting in lieu thereof a new subsection (a) to read as follows:

Page 3524

(a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule hereinafter set forth, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. 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. The sum to be deposited by the plaintiff with the court when the amount of the claim is $500 or less shall be $10. When the amount of the claim is more than $500, but less than $1,001, the amount of the deposit shall be $15. When the amount of the claim is more than $1,001, but less than $1,500, the amount of the deposit shall be $20. When the amount of the claim is more than $1,500, the amount of the deposit shall be $25. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend the Act creating a Small Claims Court for Liberty County, so as to change the jurisdiction and certain costs in said court; and for other purposes. This 24th day of Jan., 1977. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp

Page 3525

who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald which is the official organ of Liberty County, on the following dates: January 27, February 3, 10, 1977. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CHATHAM COUNTYPROBATE JUDGE MAY PRESIDE AS JUDGE PRO HAC VICE IN STATE COURT. No. 460 (House Bill No. 895). 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 March 7, 1960 (Ga. L. 1960, p. 2332), so as to authorize the Judge of the Probate Court of Chatham County to preside as judge pro hac vice in the State Court of Chatham County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, particularly by an Act approved March 7, 1960

Page 3526

(Ga. L. 1960, p. 2332), is hereby amended by striking section 2 of said 1960 amendatory Act, which reads as follows: Section 2. Be it further enacted by the authority aforesaid, that from and after the passage and approval of this Act that any judge of the superior court of the State of Georgia, chief judge of the Municipal Court of Savannah, or any judge of a city court of record in the State of Georgia, shall be qualified to preside as pro hac vice in the City Court of Savannah upon appointment by the judge of the City Court of Savannah, and when so presiding shall have all of the powers of the judge of said court., in its entirety, and inserting in lieu thereof a new section 2, to read as follows: Section 2. Any judge of the superior court of the State of Georgia, the Chief Judge of the Municipal Court of Savannah, any judge of a State Court of Record in the State of Georgia, and the Judge of the Probate Court of Chatham County shall be qualified to preside as judge pro hac vice in the State Court of Chatham County upon appointment by any judge of the State Court of Chatham County, and when so presiding shall have all of the powers of a judge of said court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced, in the regular session of the General Assembly, a Bill to amend an act creating the State Court of Chatham County, approved December, 1819, Ga. L. 1819, Page 16 as amended; and for other purposes. This the 15th day of January, 1977. James W. Head Judge, State Court of Chatham County

Page 3527

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: January 22, 29, and February 5, 1977. /s/ Tom Taggart Representative, 125th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. DAWSON COUNTYSHERIFF'S COMPENSATION CHANGED. No. 461 (House Bill No. 896). An Act to amend an Act placing the Sheriff of Dawson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2258), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3409), 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 Dawson County

Page 3528

upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2258), 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: $9,400, and substituting in lieu thereof the following: $12,000, so that when so amended, section 2 shall read as follows: Section 2. The Sheriff of Dawson County shall receive a salary of $12,000 per annum, payable in equal monthly installments from the funds of Dawson County. Said sum shall be increased 2% on the 1st day of January of each year. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Dawson County; and for other purposes. This 17 day of January, 1977. Max Looper Representative, 8th District

Page 3529

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max R. Looper 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 Dawson County Advertiser which is the official organ of Dawson County, on the following dates: Jan. 20, 27 and Feb. 3, 1977. /s/ Max R. Looper Representative, 8th District Sworn to and subscribed before me this 16th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission expires Oct. 20, 1979. (Seal). Approved March 23, 1977. DAWSON COUNTYBOARD OF EDUCATION PROVIDED. No. 462 (House Bill No. 897). An Act to provide for an elected Board of Education of Dawson County; to provide for election districts; to provide for the numbering of positions on the Board; to provide for the election of the members of said Board; to provide for filling vacancies on the Board; to provide for a Chairman of the Board; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Dawson County

Page 3530

shall be composed of five members. Successors to the present members of the Board shall be elected by the qualified electors of the Dawson County School District as hereinafter provided. Section 2. For the purpose of electing members of the Board of Education of Dawson County the Dawson County School District is hereby divided into three education districts as follows: Education District No. 1 shall be composed of Georgia Militia Districts 1180 (Purdy's), 989 (Yellow Creek), 830 (Amicalola), and 979 (Gilmer Cutoff). Education District No. 2 shall be composed of Georgia Militia Districts 1178 (Dawsonville), 931 (Savannah), and 916 (Shoal Creek). Education District No. 3 shall be composed of Georgia Militia Districts 1016 (Black), 820 (Sanford), 1023 (Kilough), and 1022 (Barretts). In order to be eligible to offer for election to Post No. 1, a candidate therefor must reside within Education District No. 1. In order to be eligible to offer for election to Post Nos. 2 or 3, candidates therefor must reside within Education District No. 2. In order to be eligible to offer for election to Post Nos. 4 or 5, candidates therefor must reside within Education District No. 3. Candidates shall be elected to the Board by the vote of the electors of the Dawson County School Districts. Section 3. For the purpose of electing members of the Board of Education of Dawson County, positions of membership on the Board shall be numbered 1 through 5, respectively. That position on the Board presently occupied by Ray Watson shall be Post No. 1. That position on the Board presently occupied by Gene Burnett shall be Post No. 2. That position on the Board presently occupied by Billy Wallace shall be Post No. 3. That position on the Board presently occupied by Roger Slaton shall be Post No. 4.

Page 3531

That position on the Board presently occupied by Cecil Bennett shall be Post No. 5. Section 4. The present members of the Board of Education of Dawson County shall continue to serve as such until their successors shall be elected as hereinafter provided. At the general election conducted in 1978, members for Posts 3 and 5 of said Board of Education shall be elected for terms of office of four years each and until their successors are duly elected and qualified. In the 1980 general election, members shall be elected to Posts 1, 2 and 4 for terms of office of four years each and until their successors are duly elected and qualified. Thereafter, successors to the members of the Board shall be elected at the general election immediately preceding the expiration of the respective term of office for a term of office of four years and until their successors are duly elected and qualified. Section 5. Vacancies occurring on the Board which occur within the first two years of a term of office shall be filled by the remaining members of the Board electing a successor to serve until the next general election at which time a successor shall be elected by the electors of Dawson County School District to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the Board electing a successor to serve out the unexpired term of office. Section 6. At the first meeting of the Board in each calendar year, the members of the Board shall select one of their members to serve as Chairman. Section 7. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Judge of the Probate Court of Dawson County to issue the call for an election for the purpose of submitting this Act to the electors of the Dawson County School District for approval or rejection. The Judge of the Probate Court shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call.

Page 3532

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 Dawson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating an elected Board of of Education of Dawson County be Education of Dawson County 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, otherwise it shall be void and no force and effect. The expense of such election shall be borne by Dawson County. 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 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 1977 session of the General Assembly of Georgia, a bill to provide for an elected Board of Education for Dawson County; and for other purposes. This 17 day of January, 1977. Max Looper Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max R. Looper who,

Page 3533

on oath, deposes and says that he is a Representative from the 8th 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: Jan. 20, 27 and Feb. 3, 1977. /s/ Max R. Looper Representative, 8th District Sworn to and subscribed before me this 16th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission expires Oct. 20, 1979. (Seal). Approved March 23, 1977. DOWNTOWN ATHENS DEVELOPMENT AUTHORITY CREATED. No. 463 (House Bill No. 898). An Act to create a public corporation to be known as Downtown Athens Development Authority, pursuant to an amendment to the Constitution as contained in Ga. L. 1975, p. 1698, and amended by the Ga. L. 1976, p. 1912; to provide for the powers, duties, and responsibilities of said Authority; to provide for the appointment of members of said Authority, and their terms of office; to define and create the Downtown Athens Area; to authorize the Authority to issue bonds or revenue certificates, or both; to authorize the Authority to exercise the power of eminent domain; to provide for the levy and collection of taxes in the Downtown Athens Area; to exempt residence, church and school property from said tax levies; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3534

Be it enacted by the General Assembly of Georgia: Section 1 . Pursuant to an amendment to the Constitution authorizing the creation of a public corporation to be known as the Downtown Athens Development Authority, having been ratified by the electors at the general election in November, 1976, there is hereby created in and for the City of Athens, Clarke County, Georgia, a public corporation to be known as the Downtown Athens Development Authority, to be composed of seven (7) members, two (2) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the Downtown Athens Area as hereinafter defined, and who are active members of the Athens Downtown Council so long as such Council exists, and two (2) of whom shall be merchants operating businesses in the Downtown Athens Area as hereinafter defined, and who are active members of the Athens Downtown Council, so long as such Council exists. Said four (4) members shall be appointed by the Mayor and Council of the City of Athens. One (1) member shall be the Mayor of the City of Athens by virtue of his office, one (1) member shall be the Chairman of the Board of Commissioners of Clarke County, Georgia, by virtue of his office, and one (1) member shall be the President of Athens Area Chamber of Commerce, or its successor, by virtue of his office. The Mayor of the City of Athens, the Chairman of the Board of Commissioners of Clarke County, and the President of Athens Area Chamber of Commerce shall serve for the term of their offices. One (1) of the Downtown Athens Area property owners and one (1) of the merchants shall be appointed for a period of one (1) year and one (1) of each shall be appointed for a period of two (2) years, and thereafter the terms of office for all of said Downtown Athens Area property owners and merchants shall be two (2) years. All appointed members shall hold office until their successors are appointed and qualified. Section 2 . The Downtown Athens Area shall consist of that area in the City of Athens, Clarke County, Georgia, described as follows: Beginning at the intersection of Dougherty Street and

Page 3535

Pulaski Street; running thence east on Dougherty Street to College Avenue; running thence north on College Avenue to Hoyt Street; running thence east on Hoyt Street to The Central of Georgia Railroad; running thence south on The Central of Georgia Railroad to Strong Street; running thence east on Strong Street to Foundry Street; running thence south on Foundry Street to Oconee Street; running thence southeast on Oconee Street to The Central of Georgia Railroad; running thence southwest on the Central of Georgia Railroad 150 feet; running thence northwest on a line of 150 feet southwest of and parallel to the southwesterly right of way line of Oconee Street to the intersection of South Thomas Street and South Street; running thence west on South Street to South Jackson Street; running thence north on South Jackson Street to East Broad Street; running thence west on East Broad Street to Lumpkin Street; running thence south on Lumpkin Street to Wray Street; running thence west on Wray Street to South Hull Street; running thence north on South Hull Street to a point 200 feet south of the southerly right of way line of West Broad Street; running thence west, on a line 200 feet south of and parallel to the southerly right of way line of West Broad Street, to the westerly property line of Dr. B. T. Beasley and the City of Athens, said line being located 181 feet east of the easterly right of way line of Florida Avenue, measured perpendicular from Florida Avenue; running thence north on said property line to West Broad Street; running thence west on West Broad Street to Newton Street; thence south to Newton Street to the southerly line of the Ramada Inn property; thence westerly along said property line and continuing westerly in the same direction to the easterly side of Finley Street; thence northerly along Finley Street to Reese Street; thence easterly along Reese Street to Pulaski Street; thence northerly along Pulaski Street to the intersection of Pulaski and Dougherty Streets, the beginning point. Boundaries. Section 3 . The Downtown Athens Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey real and personal property, tangible and intangible, to borrow money, pledge

Page 3536

and convey property as security therefor and to do all things necessary to the accomplishment of its purposes; and to accept gifts or grants. Section 4. The purpose of said Authority shall be the redevelopment of the Downtown Athens Area, and said Authority shall have the power to employ engineers and planners, and other agents and professional services as it may deem necessary, to contract for the construction, remodeling and altering of buildings, and to contract with the Mayor and Council of the City of Athens and others for the construction, reconstruction, altering, changing and closing of streets, sidewalks, passageways and alleys. Purpose. Section 5. The Downtown Athens Area, as now or hereafter defined, shall constitute a special tax district. The Downtown Athens Development Authority shall have the power to submit for approval to the Mayor and Council of the City of Athens a proposed millage rate to be collected based on values of real property in the Downtown Athens Area, (as herein or hereafter defined) fixed from time to time by the tax digest of the City of Athens, such millage rate not to exceed one mill, for the operation of said Authority. Upon approval by the Mayor and a two-thirds vote of the Council of the City of Athens such taxes shall be levied and collected by the Mayor and Council for the City of Athens in the same manner as other City of Athens ad valorem taxes are levied and collected but shall be kept in a special fund or funds restricted to the uses for which such taxes were levied and collected. Section 6. The Authority shall have the power to borrow money, to issue bonds or revenue certificates, or both, and to pledge revenues and proceeds of tax levies within said district for the retirement of said indebtedness. Section 7. No taxes shall be levied for said Authority for any purpose against property occupied by the owner exclusively as a residence or property used exclusively for church and educational purposes. Section 8. The Authority shall have the right and power

Page 3537

of eminent domain for the purpose of acquiring property for public use in the carrying out of its aims and objectives; provided, however, that no such power shall be exercised as to any specific property until a resolution has been adopted by the Mayor and a two-thirds vote of the Council of the City of Athens approving the condemnation of such property. Authority to have eminent domain power. Section 9. The power to tax and to issue bonds or revenue certificates shall require the approval of the Mayor and a two-thirds vote of the Council of the City of Athens as a condition precedent thereto, and with regard to any tax levy recommended to pay any indebtedness evidenced by bonds or revenue certificates issued by the Authority, the approval of the levy shall be mandatory to the extent that the proceeds therefrom are necessary for the payment of current principal and interest requirements and the maintenance of sinking fund requirements therefor. Section 10. This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval, but the tax levies provided for herein shall be effective beginning January 1, 1978. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that The Mayor and Council of the City of Athens intends to apply for and seek passage of legislation at the regular 1977 Session of the General Assembly of Georgia which would create a public corporation to be known as Downtown Athens Development Authority, pursuant to an amendment to the constitution of 1945, Article VII, Section VII, Par. I; as contained in the Acts of 1975, page 1692, amended by the Acts of 1976, page 1912, and to provide for the powers, duties, and responsibilities of said Authority; to provide for the appointment of members of said Authority, and their terms of office; to define and create the Downtown Athens Area; to authorize Authority to issue bonds and or revenue certificates; to authorize the Authority to exercise the power of eminent domain; to provide

Page 3538

for the levy and collection of taxes in the Downtown Athens Area; to exempt residence, church and school property from said tax levies; and for other purposes. This the day of December, 1976. The Mayor and Council of the City of Athens By: Denny C. Galis City Attorney 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 Dec. 24, 31, 1976 and Jan. 7, 1977. /s/ Robert W. Chambers Sworn to and subscribed before me, this 28th day of January, 1977. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 1, 1977. (Seal). Approved March 23, 1977. CHATHAM COUNTY STATE COURTCOSTS AND DEPOSITS CHANGED. No. 464 (House Bill No. 900). 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 March

Page 3539

7, 1960 (Ga. L. 1960, p. 2332), so as to change the provisions relating to costs and deposits in the State Court of Chatham 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 State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, particularly by an Act approved March 7, 1960 (Ga. L. 1960, p. 2332), is hereby amended by striking from section 3 of said 1960 amendatory Act the following: $10.00, and inserting in lieu thereof the following: $18.00, and by striking from said section the following: $300.00, and inserting in lieu thereof the following: $500.00, so that when so amended, section 3 of said amendatory Act, approved March 7, 1960 (Ga. L. 1960, p. 2332), shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that from and after the passage and approval of this Act that on and after the bringing of a civil suit in the City Court of Savannah, it shall be lawful for the clerk of the City Court of Savannah to demand and receive from the plaintiff in said suit a deposit of $18.00 to cover the usual and ordinary court costs unless such suit is within the jurisdiction of the Municipal Court of Savannah. In such event, the deposit costs in cases not exceeding $100.00 shall be $2.00, and in cases of more than $100.00 and not exceeding $500.00 shall be $3.00. Until such deposits are made the

Page 3540

clerk shall not be obliged to docket the case or to do any other act connected with such suit except marking the same `filed' with the date of filing. If the plaintiff be cast in such suit or if the suit be withdrawn or dismissed and there is a surplus of such deposit after the payment of the legal court costs, such surplus to be returned to the plaintiff; and if the defendant be cast, the clerk of said court may immediately issue execution against such defendant for all costs and upon collection thereof shall return to the plaintiff the amount of costs so deposited by him or upon a return of nulla bona upon such execution, the said clerk shall apply the deposit to the cost and if there be a surplus the same shall be returned to the plaintiff. Section 2. This Act shall become effective on May 1, 1977, and shall apply to all cases filed on or after May 1, 1977. 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, in the regular session of the General Assembly, a Bill to An Act creating the State Court of Chatham County, approved December, 1819, Georgia Laws 1819, Page 16 as amended; and for other purposes. This the 15 day of January, 1977. James W. Head Judge State Court of Chatham County 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

Page 3541

Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 22, 29 and February 5, 1977. /s/ Tom Taggart Representative, 125th District Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF MARIETTANEW CHARTER. No. 465 (House Bill No. 901). An Act to reincorporate the City of Marietta in Cobb County; to create a new charter for said city; to provide for the powers, rights and duties of said city; to repeal certain provisions of an Act creating a new charter for the City of Marietta, in the County of Cobb, approved August 15, 1904 (Ga. Laws 1904, p. 519), as amended; to provide for the corporate limits of said city; to provide for the continuation of certain terms of office; to provide for the continuation of certain ordinances, bylaws, and rules and regulations; to prohibit certain conflicts of interest; to provide for the governing authority of said city and its composition, powers, rights, and duties; to provide for compensation of members of the governing authority; to provide for ordinances of said city; to provide for elections; to provide for city officers and personnel; to provide for the powers, rights and duties of city officers and personnel; to provide for surety bonds for certain officers; to provide for a firemen and policemen civil service

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system; to provide for a civil service board; to prohibit certain activities by members of the fire or police department; to make certain acts in relation to the civil service system unlawful; to provide penalties for such acts; to provide for a board of lights and water; to provide for the powers, rights and duties of said board; to provide for the composition and compensation of said board; to authorize such board to borrow money, to issue revenue anticipation bonds, and to exercise the power of eminent domain; to authorize the board to fix rates and charges; to provide for payments by the board to the board of education; to provide for a municipal court; to provide for the jurisdiction, powers, rights and duties of said court; to provide for a judge of the municipal court; to provide for city finance and taxation; to provide for an annual budget; to provide for an annual independent audit; to provide for contracting procedures; to authorize the creation of certain debt; to provide for public improvements; to provide for action affecting city streets and drains; to provide for matters relative to city property; to provide for public improvement assessments and financing; to provide for the continuation, establishment, maintenance and abolition of boards, commissions, and authorities; to provide for matters relative to the city school system; to provide for severability; to provide for penalties for violating the provisions of said charter; 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: PREAMBLE The City of Marietta, Georgia, is chartered to provide services to its citizens in order to maintain the health, protection, and safety of its citizens and their property in an efficient, prudent and effective manner without regard to a person's race, creed, color or station in life. ARTICLE I. IN GENERAL. Section 1.1. Incorporation; name; rights, powers and privileges generally. From and after the passage of this

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Act the City of Marietta, in Cobb County, Georgia, heretofore made a body politic and corporate by Acts of the General Assembly of said State, under the name of the City of Marietta, shall continue a body politic and corporate, by the corporate name of the City of Marietta. By said corporate name it may sue and be sued; have and use a corporate seal; buy, hold, exchange, encumber, sell and convey real or personal property, at public or private sale under such terms and conditions and for whatever consideration the governing authority may prescribe not in conflict with State law; trade, exchange, lease, rent and otherwise contract concerning any real or personal property owned by the city, or in which the city has an interest; make all needful and lawful contracts, and by such name transact all its business. Said corporation, through its governing authority, shall have all the powers and privileges incident to municipal corporations under the laws of this State, and all other powers that are necessary or proper to make, regulate, maintain and preserve a proper and legal government of said city. Section 1.2. 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: (1) Aforesaid means next before. (2) 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. (3) City shall refer to the municipal corporation, Marietta, Georgia, or the territory embraced within the boundaries of the municipality, dependent upon the context. (4) City limits shall refer to and mean the territory embraced within the boundaries of the city. (5) Company means corporation.

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(6) Council or city council shall mean the persons elected mayor and councilmen as provided in this charter. (7) County or this county shall mean the County of Cobb, in the State of Georgia. (8) Day means a full day of twenty-four (24) hours, commencing at midnight, Eastern time. (9) Elector means a person residing within the city who is qualified to vote therein. (10) Following means next after. (11) Governing authority shall mean the city council of this city, or any lawfully constituted legislative body hereafter provided for the city. (12) In may be the equivalent of on. (13) Is may mean shall be. (14) 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. (15) Month means a calendar month. (16) Next means in the nearest time, just after, immediately following. (17) Oath includes affirmation. (18) 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. (19) Or is ordinarily to be understood in the disjunctive sense, but will be construed as and when necessary

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to effectuate a legislative intent manifested by the context and surrounding circumstances. (20) Ordinance means a rule or law adopted by the council. (21) 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. (22) Preceding means next before. (23) Property includes real and personal property. (24) Resolution means an expression of opinion or policy by the council. (25) State or this State shall mean the State of Georgia, in the United States of America. (26) Streets means street, sidewalk and public way and place used for travel, and shall include bridges thereon. (27) Until a certain day or hour includes all of such day or hour. (28) While means pending or during the time. (29) Writing includes printing and numerals. (30) Year means a calendar year. (b) Terms not defined herein, but which are defined in the laws of the State shall have the meanings given in said laws. (c) The following rules shall govern in the construction of the provisions of this charter:

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(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 faminine and neuter. (4) The singular or plural number shall each include the other, unless expressly or by necessary implication excluded. (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 the 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, another day shall be allowed in the computation. (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 1.3. Repeal of prior Acts. This Act shall constitute the whole charter of the city, except as otherwise provided herein, repealing and replacing the charter adopted

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in 1904 (Ga. L. 1904, Act No. 614, page 519), as amended, as well as all prior charters and amendments, and the same are hereby repealed, with the above-mentioned exceptions. Section 1.4. Corporate limits. The corporate limits of the city shall extend and include all that area described in the former charter of the city (Ga. L. 1904, Act No. 614, page 579), and the various Acts of the General Assembly amendatory thereof, and all ordinances, resolutions, and referenda annexing territory or excluding territory from the city; all of which enactments and actions are continued in full force and effect, and the same are incorporated and made a part of this charter as fully as if set out at length herein. Section 1.5. 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 1.6. Vesting of rights, etc. All properties, titles, easements, hereditaments, privileges, related rights and powers belonging or in any way appertaining to the City of Marietta, as heretofore incorporated, are hereby vested absolutely in the City of Marietta, incorporated under this Act, in the same manner and to the same extent as they were had by said former city. Section 1.7. Assumption of debts, etc. The City of Marietta, 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 1.8. Existing ordinance, etc. 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 governing authority.

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Section 1.9. Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly 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. ARTICLE II. GOVERNING AUTHORITY Section 2.1. Form of government. The government of the city shall be vested in a city council, constituted and elected as provided in this charter. Section 2.2. Composition. The governing authority of the city shall be the city council, composed of a mayor and seven (7) councilmen, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this charter. Section 2.3. 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, and each candidate for councilman shall be a resident of the ward at the time of qualifying as a candidate in the election, in which each 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 2.4. Election; terms of office. The present mayor and councilmen of the city shall continue in office during the terms for which they were elected, and on the second Wednesday in October, 1981, and every four (4) years on said day thereafter an election shall be held in said city for a mayor and seven (7) councilmen.

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The terms of office of such mayor and councilmen so elected shall begin after the final adjournment of the old mayor and council, on the first Monday in January following their election, and they shall hold their office for four (4) years and until their successors are elected and qualified. No candidate shall be nominated for the office of councilman or mayor or elected to any such office in any election unless the candidate shall have received a majority of the votes cast to fill such nomination or office. Certificates of election shall be recorded by the city clerk upon the book of minutes or other book kept for such purposes. The record aforesaid shall be evidence of the result of the said election and the authority of those elected to act. The mayor shall be elected by the voters of the entire city and each councilman by the voters of the ward in which he offers as a candidate, and this shall apply to all general and special elections. In order to be elected as a councilman from a ward, a candidate must receive a majority of the votes either in a special election or in the regular election in such ward. In the event no candidate receives the majority of the votes, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off election shall be held two (2) weeks from the date of the regular election or a special election as the case may be. The mayor and all councilmen shall serve for terms of four (4) years. Section 2.5. Holding other office, voting when personally interested. Holding other office. Except as authorized by law, neither the mayor nor any councilman shall hold any city employment for remuneration during the term for which he was elected. Section 2.6. Mayor. The mayor shall be the chief executive officer of the city, and he shall have general supervision

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over all its affairs. He shall sign all deeds and contracts, preside at all meetings of the council and cast the deciding vote in case of a tie vote. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the corporate limits; within the limitations prescribed in this charter, he shall see that each officer of the city discharges his duty, and cause any officer or employee to be prosecuted for neglect, or violation of duty, or immoral conduct. He shall keep the council advised from time to time of the general condition of the city, and shall recommend measures as he may deem necessary or expedient for the welfare thereof. He shall call the council together when so requested by a majority of the council or when it seems to him to be important to the welfare of the city. In all instances where the official signature of the mayor is required, a facsimile signature of the mayor shall meet such requirement, if authorized by the mayor. Section 2.7. Mayor pro tem; presiding officer. The mayor pro tem shall be appointed from the councilmen by the mayor at the first regular meeting of the council, who shall be clothed with all the rights, powers and duties of the mayor during the absence or disability of the latter officer. If there shall be a vacancy in the office of the mayor pro tem, the mayor may fill the same at any regular meeting of council, or in vacation. In the event of the death or resignation of the mayor, or his removal from office, the mayor pro tem shall discharge the duties of mayor until the vacancy is filled by the selection of a successor, as hereinafter provided. Section 2.8. Organization meeting; official oath. The council shall meet for organization on the first Monday in January following their election. The meeting shall be called to order by the newly elected mayor 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 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.

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Section 2.9. Meetings, regular and special. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance, provided, until so changed, regular meetings shall be on the second Wednesday of each month. 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 (4) members of the council as prescribed by ordinance. 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. Section 2.10. Rules of procedure; minutes. The council shall adopt its rules of procedure by ordinance and order of business consistent with the provisions of this charter and shall provide for keeping official minutes of its proceedings, which shall be a public record. Section 2.11. Quorum; voting. The mayor and four (4) councilmen, or in the absence of the mayor, the mayor pro tem and four (4) other councilmen, or in the absence of the mayor and mayor pro tem, the designated presiding officer and four (4) other 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 show of hands and shall be recorded in the official minutes, but any member of the council shall have the right to request a roll-call vote. The affirmative vote of a majority of a quorum shall be required for the adoption of any ordinance, resolution or motion, except as otherwise provided in this charter. Section 2.12. 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.

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The council may also provided [sic] by ordinance for the reimbursement of expenses incurred in the performance of their official duties as mayor and councilmen. Until changed by ordinance, the mayor shall be paid a salary of $4,800.00 per year, payable in equal monthly installments of $400.00 for attending council and committee meetings, plus $110.00 monthly, for expenses incurred for and in behalf of the city for travel within the city; until changed by ordinance, all other members of the council shall receive a salary of $2,400.00 per year, payable in equal monthly installments of $200.00 for attending council and committee meetings, plus $100.00 monthly for expenses incurred for and in behalf of the city for travel within the city. All members of the council shall be entitled to reimbursement for reasonable travel expenses and reasonable official business expenditures incurred outside the limits of the city for and in behalf of the city; provided, however, that reimbursement for such expenses shall not be made until an itemized voucher for such expenses has been submitted to and approved by the city finance officer. Section 2.13. Malfeasance in office, penalty. In case the mayor or any member of the city council, while in office, shall be guilty of any willful neglect or malfeasance in, or abuse of said office, upon conviction thereof by a court of record, he shall be removed from office. Section 2.14. Vacancy in office on moving from city or ward; filling of vacancies. If the mayor shall remove his permanent residence from the city or if any councilman shall remove his permanent residence from the ward from which he was elected, such removal shall automatically vacate the office he holds and said vacancy shall be filled as provided for in this charter; provided, however, that if the boundaries of any ward of wards are redrawn, the councilman from such ward may serve out the remainder of his term, regardless of his place of residence so long as he resides within the city. Permanent residence shall mean the place where such person actually lives, if he has an intent to remain there indefinitely.

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In the event that an office on the city council shall become vacant for any cause whatsoever, the council or those remaining thereon shall order a special election to fill the balance of the unexpired term of such office within thirty (30) calendar days after such vacancy occurs. Only those registered voters residing in the ward or wards from which such council member was elected shall be entitled to vote in such special election. Provided, however, if such vacancy occurs within six (6) months of the expiration of the term of that office, the council or those remaining thereon shall appoint a successor for the remainder of the term. In all other respects the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 2.15. Appointment of officers. The council, at its first meeting after election or as soon thereafter as is practicable, shall proceed to appoint a city clerk and a city attorney. Section 2.16. Powers of council enumerated; not deemed exclusive. The corporate powers of the city, to be exercised by the city council, shall include, but shall not be limited to, the following: (1) General. To exercise all powers and authority provided in section 1.1 of this charter, and elsewhere in this charter. (2) 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. (3) Corporate limits. To fix, alter, and enlarge the corporate limits of the city, as provided by State law. (4) Elections. To provide the manner and time for city elections, as provided by State law.

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(5) Redefinition of ward boundaries. Should the governing authority, by resolution duly adopted, determine that it is necessary or desirable to redefine any one or all of the wards, it is hereby authorized and empowered to do so subject to applicable provisions of State and federal law. (6) 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, and to provide for amending and supplementing the same. (7) Emergency situations. 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. (8) 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. (9) 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 purposes. (10) Personnel system, insurance, retirement. To approve a personnel system, retirement systems and insurance plans for officers and employees of the city, and to provide the methods of financing such systems and plans. (11) Property acquisition, etc. To acquire, dispose of and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, within or outside the city.

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(12) Appropriations generally, expenditures. To make appropriations for the support of the government and governmental functions of the city, and the proprietary functions thereof, 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. (13) 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 revenue and general obligation 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. (14) Property tax levy and collections. To levy and to provide for the 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. (15) Exempting property from taxation. To exempt property from taxation. (16) Back taxes. To provide for the collection of delinquent taxes and penalties thereon. (17) Special assessments. To levy and provide for the collection of special assessments. (18) License fees and taxes. 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. (19) Permits and fees. To provide for the issuance of permits and for the revocation thereof, and to prescribe fees for the issuance thereof.

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(20) Purchases and sales. To prescribe regulations for purchases and sales by the city and to require competitive bidding on all major purchases, as defined by ordinance. (21) 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. (22) 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. (23) 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 outside the city, and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted. (24) Schools. To provide for the appropriation of funds to the school system for the use of schools; provided, however, that the city shall not be liable for any obligation of the board of education or other such body of the school system unless expressly incurred. (25) Traffic regulations. To regulate the operation of motor vehicles and other vehicles and exercise control over all traffic, including parking, upon or across the streets,

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roads, alleys, sidewalks, walkways and other public ways of the city. (26) 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. (27) 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 this charter relating to taxes or as otherwise authorized by law. (28) Filing claims against city. To provide for the filing of claims against the city and for the barring of such claims unless properly filed. (29) Condemnation. To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under section 36-202 of the Code of Georgia of 1933, or under other applicable Public Acts, as are or may be enacted. (30) Ownership, etc., of utilities generally. Subject to any limitations contained in this charter, to acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks and water supply, sewers and drains, sewage disposal, gas works and gas supply, electric plants and electricity supply, transportation facilities, communications facilities, public airports, and any other public utility, within and outside 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 for same or to abide by such regulations, and the manner in which such remedies shall be enforced. (31) Sewer charges. Except as otherwise provided in this charter, to levy a fee, charge a sewer tax as necessary

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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. (32) Collection 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 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 within or without the city 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. (33) CATV. Subject to any limitations contained in this charter, 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.

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(34) 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. (35) Health and sanitation. To prescribe standards for health and sanitation and to provide for the enforcement of such standards. (36) 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, as now or hereafter provided by State law. (37) Zoning, planning and subdivisions. To make, adopt, promulgate and from time to time amend, extend and add to regulations restricting height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings and other structures, and the uses, conditions of use or occupancy of land for trade, industry, residence, recreation, transportation, agriculture or other purposes; to provide for municipal land use planning; to provide for the regulation of subdivision land; and to establish setback lines for buildings and structures along the streets, lanes, avenues, and roads, including power and authority to divide the city into districts of such number, shape and area as may be deemed desirable, and within such districts to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use or occupancy of land; and in that case to adopt official zoning regulations including a map or maps, indicating the districts, and the regulations in a district may differ from those in other districts; to create a municipal planning commission and to create a join planning commission with the county or with other municipalities.

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(38) Fire limits, fire prevention and protection. To fix and establish fire limits and from time to time 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, to prescribe penalties and punishment for violation thereof, and to create and maintain a fire department. (39) 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 the construction and erection of buildings and all other structures. (40) Dangerous structures. To provide for the destruction and removal of any building or other structure which may or might become dangerous or hazardous to the public. (41) Adoption of published codes, etc. To adopt by reference any codes, publications or compilations of rules, regulations, specifications, standards, limitations, or requirements by any 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. (42) Signs, etc. 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, 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.

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(43) 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; and to create and maintain a police department. (44) 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. (45) Nuisances. To define a nuisance in the city and to provide for its abatement, whether on public or private property. (46) Alcoholic beverages. To regulate and control the manufacture, sale or transportation of alcoholic beverages, and license and tax the same. (47) 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 citizens thereof. (48) Peddlers, shows, etc. To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, and shows, of any kind whatever by taxation or otherwise. (49) Dangerous or detrimental activities or conditions.

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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 or detrimental to persons or property. (50) Penalty for violation of ordinances, etc. To provide that upon the conviction of the violation of any ordinance, code, rule, regulation, or other, the offender may be punished within limitations prescribed by this charter and the laws of the State. (51) Arrest and bail. To provide for arrest and appearance bonds or bail of offenders against city ordinances or regulations; and to exercise the power of arrest through duly appointed policemen. (52) Working prisoners. To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works, or for the commitment of such persons to any correctional institution, by agreement with the appropriate governmental officials. (53) 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. (54) Public housing. To provide for and operate public housing and to be or to designate an agency to be the public housing authority. (55) Urban redevelopment. To organize and operate an urban redevelopment program, as now or hereafter provided by State law. (56) Public transportation. To organize and operate such public transportation systems as are deemed beneficial, or as now or hereafter provided by State law.

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(57) Parks and recreation. To provide for the organization, construction, building, operation and maintenance of public parks, playgrounds and recreational facilities 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. (58) Parking facilities. To provide for the acquisition, construction, building, operation and maintenance of public parking facilities, 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. (59) Additional powers generally. To have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter; 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 is 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 municipal governments under the Constitution and other laws of the State. 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 2.17. Liberal construction of powers. 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

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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 effective operation and conduct of the city and all of its affairs. Section 2.18. Hearings by council and committees. The city council and all committees of the council consisting of councilmen or councilmen and the mayor shall have the power to conduct hearings on any matters falling within the jurisdiction of said city council or any of the committees thereof, including the power to subpoena witnesses and the power of subpoena duces tecum upon reasonable notice of time and place of hearing as council may by rules and regulations prescribe. Section 2.19. Ordinance form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be The Council of the City of Marietta hereby ordains.... and every ordinance shall so begin. ARTICLE III. ELECTIONS Section 3.1. Qualifications and registration of electors. Electors in city elections shall be qualified and registered as provided in Code Title 34A of the Code of Georgia of 1933, as now or hereafter amended. Section 3.2. Conduct of elections generally. City elections shall be conducted as provided for by Code Title 34A of the Code of Georgia of 1933, as now or hereafter amended, and as provided for by ordinance or resolution of the council adopted pursuant to Code Title 34A of the Code of Georgia of 1933, as now or hereafter amended. Challenges to electors shall be determined as provided in Code Title 34A of the Code of Georgia of 1933, as now or hereafter amended. Section 3.3. Wards. The wards of the city shall be as now or hereafter defined or described by law or ordinance. A

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map, or maps, of the city shall be kept on file or posted in the city hall on which maps shall appear the boundary lines of the wards. ARTICLE IV. OFFICERS-PERSONNEL Division 1. Generally Section 4.1. 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 4.2. City manageroffice created, appointment, removal, compensation. (a) The office of city manager is hereby created. (b) The city manager shall be appointed by the city council. 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 city. (c) The city council may remove the city manager at any regular or special meeting of the council by a majority vote adopting a resolution to that effect, subject to the terms of his employment. (d) The city manager shall be paid such compensation as is set by the council. Section 4.3. Dealing with administrative service by mayor and councilmen. 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. No member of the council shall direct the appointment of

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any person to or his removal from office by the city manager or any of his subordinates. Section 4.4. 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 any officer or employee of the city except as otherwise provided by the 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 appoint, suspend or remove the officers provided in this charter to be appointed by the governing authority. (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 and this shall be done prior to the end of the fiscal year. (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 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.

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(7) Attend all meetings of the council unless excused therefrom and take part in the discussion of matters coming before it. He shall be entitled to notice of all regular and special meetings of the council. (8) In case of accident, disaster, or other circumstances 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. (9) Devote his entire time to the discharge of his official duties. (10) Serve as manager of the Board of Lights and Water Works. (11) Maintain a map or maps of the city showing all of the real property owned by the city. (12) Perform such other duties as may be required by the council, not inconsistent with this charter, law, or ordinances. Section 4.5. Sameofficial bond. 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 4.6. Acting city manager. By letter filed with the city clerk the city manager shall designate, subject to the approval of council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during his temporary absence or disability. Section 4.7. City clerkappointment; general duties. The city council shall appoint a city clerk who shall serve at the pleasure of the council. The city clerk shall be responsible

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for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping official minutes 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 the office, for which fees may be prescribed by ordinance; and perform such other duties as may be required by the council. Section 4.8. City treasurer. The clerk of the city shall also serve as the city treasurer, unless changed by ordinance. Section 4.9. Tax assessor and collector. If allowed by law, the council may create and provide for the office of city tax assessor, who shall be appointed by the council. Section 4.10. City attorney. The city council shall appoint a city attorney, 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; shall attend the meeting of the council as directed; shall advise the council, city manager, and other officers of the city, concerning legal aspects of the city's affairs, and shall perform such other duties as provided by the council. Section 4.11. Judge of municipal court. There is created the office of judge of the municipal court who shall be the mayor or his designee, unless the council appoints another person to act as the judge of said court. He shall preside over the municipal court for the trial of offenders against the ordinances of the city. He shall have the full power and authority as provided in this charter and the laws of the State. The compensation of the judge shall be as fixed by the council. Section 4.12. 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; (2) the administration of the position classification and pay plan, methods of promotion and

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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 affected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city. Division 2. Firemen and Policemen Civil Service Section 4.13. Established. All officers and members of the fire and police departments of the city, including the chiefs of said departments, must and shall be under and governed by the civil service regulations, under the direction and supervision of a board of civil service hereinafter created, and all persons who may hereafter be elected or appointed as officers or members of such departments shall thereafter remain and continue in their respective employment as such municipal officers and employees during good behavior, efficency and obedience to such reasonable rules and regulations as may from time to time be prescribed by said civil service board, as hereinafter provided; provided, however, nothing herein contained shall be construed to prevent or preclude the removal of any officer or member of said fire department or police department by said civil service board for cause, in the manner hereinafter prescribed. Section 4.14. Definitions. The following definitions, as used herein, shall apply: Members of the fire department. The chief of the fire department, assistant chief of the fire department, captains, lieutenants, engineers, assistant engineers and firemen, fire inspectors, and all others who are regularly carried on the payroll of such fire department, and in addition to those specifically named hereinbefore such others as such civil service board may find and designate to properly be such members, respectively, of said fire department. Members of the police department. The chief of police and all officers of said department, the patrolmen, plain

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clothesmen, and such other persons as such civil service board may find and designate to properly be such members, respectively, of said police department. Section 4.15. Membership, terms, etc. The council shall appoint a resident of the city as a member of the civil service board for a term of two (2) years; the members of the fire and police departments, by secret ballot, shall elect a resident of the city as a member of said civil service board for a term of three (3) years, which election shall be certified by the chiefs of the fire and police departments to the council and entered upon the minutes of said council. The two men so selected shall select a third resident of the city for a term of one (1) year, whose selection shall be in writing and signed by them and entered upon the minutes of the council. Provided, if the two (2) persons first selected as above provided, that is the person selected by the council and the person selected by the members of the fire and police departments, shall fail within thirty (30) days after their election to agree on and designate such third member of the civil service board, both of said members shall resign and successors shall immediately be selected in the manner in which such two (2) members were selected. At the expiration of the term of each member, the election shall be thereafter by the same method and all persons shall be elected for a full period of three (3) years; the board shall consist of three (3) members at all times. In the event of a vacancy upon said board caused by death, resignation or other cause, the vacancy shall be filled by election by either the council, the members of the fire and police departments or the two (2) members of said board, who shall elect such successor for the unexpired term, such vacancy to be filled in the same manner and by the same authority as the deceased or retired member was elected. It any member of the civil service board shall miss and fail to attend any two (2) consecutive meetings of the board duly and properly called as herein provided, the council, at any regular or special meeting, may be resolution terminate the term of such member and declare that a vacancy exists on said board, which shall be filled as above provided.

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No person shall be eligible to be a member of said board who holds any office of profit or trust under the city, county, or State, or who is less than twenty-five (25) years of age and who is not a bona fide resident and qualified voter of said city. Section 4.16. Oath. Every person who shall be elected as a member of such civil service board shall, within fifteen (15) days after such election, qualify by taking oath that he is eligible for said office and will execute the duties of the same according to the best of his knowledge and ability, and such oath as may be required by the charter of the city and the laws of the State for public officials. Such oath shall be administered by any person authorized by law to administer oaths and a copy thereof filed with the clerk. Section 4.17. Rules and regulations. The civil service board shall make rules and regulations to carry out the purpose of this division and for examinations, appointments and removals in accordance with its provisions, and the board may, from time to time, make changes in such rules. The chiefs of the fire and police departments, respectively, shall, from the membership of their departments, recommend for promotion such persons as the occasion may call for to fill any vacancies that may occur in said departments, and all such vacancies shall be filled and promotions shall be made by the civil service board. Any person promoted shall serve a probationary period of twelve (12) months during which time he may be demoted to his former position without a trial by the chiefs of the fire and police departments, respectively. Said board shall make rules and regulations relating to the eligibility for promotion. The chiefs of the fire and police departments shall have authority to demote any member of their respective departments by and with the consent and approval of the civil service board. Any person promoted shall serve a probationary period of twelve (12) months during which time he may be demoted to his former position without a trial by the chiefs of the fire and police departments, respectively.

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Said board shall make rules and regulations relating to the eligibility for promotion. The chiefs of the fire and police departments shall have authority to demote any member of their respective departments by and with the consent and approval of the civil service board; provided, however, upon written demand filed with the civil service board within five (5) days from the date of the order of demotion the person proposed to be demoted shall be given a public hearing by the civil service board before any order of demotion shall be final. The chiefs of the fire and police departments shall have the authority to suspend without pay any member of their respective departments upon cause for periods not to exceed fifteen (15) days without a hearing by the civil service board. Suspensions for periods in excess of fifteen (15) days shall be given pending hearing by the civil service board. In the event there is a reduction in the number of firemen or policemen employed by the city (such number to be fixed by the council), the men last employed shall be the first to be dropped, and so on in succession. The civil service board shall, within ninety (90) days from the members' appointment, adopt and have printed such rules and regulations for the government of the fire and police departments, in accordance with the provisions of this division as it may deem necessary. Said board shall have the power and authority to fix the maximum and minimum age limits of applicants for examinations, and may specify the weights, heights, and other physical requirements of all applicants. All such rules, regulations, and qualifications shall be subject to approval by the council and shall only be effective on and after the date of such approval. Section 4.18. Character of applicants, etc. No person shall be eligible to take the civil service examination or to be appointed as a member of the fire department or police department who is not a citizen of the United States or who has ever been convicted of a felony, or who does not possess a good moral character.

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Section 4.19. Applications; examinations. All applicants for a place or position on the fire and police departments shall file their applications in writing with the civil service board, said applications to be on the blank forms furnished by the board. All applicants must be subject to examinations, which shall be public, competitive, and open to all citizens of the United States, within limits as to age, health, habits and moral character, to be fixed by the civil service board. Said examinations shall be both oral and written and shall be practical in their character and shall relate to those matters which will fairly test the capacity of the persons examined to intelligently discharge the duties of the position to which they aspire. Section 4.20. Conduct of examination; notice. The board shall control all examinations, and whenever an examination is to take place, shall conduct such examination. Provided, that before any such examination is held public notice of same shall be given at least fifteen (15) days prior to same. Such public notice shall be posted in at least three (3) prominent places in the city, which shall be the city hall, post office and the county courthouse, and shall be run once a week for two (2) weeks in a newspaper of general circulation in the city and county. Upon request of the board, the city manager may designate other persons to carry out the board's clerical and administrative functions. Section 4.21. Appointments; probationary period. The chiefs of the fire and police departments shall notify the civil service board of any vacancy in the membership of their respective departments and the board shall furnish the particular chief with the name and address of the three (3) candidates standing highest on the eligible list for such positions, and the chief shall select one of the three so certified to him to fill such vacancy. All appointments shall be on probation for a period of twelve (12) months from the date of the appointment, and at any time before the expiration date of said probationary period the chief may discharge any probationer in such department and such probationer shall not be entitled to a hearing upon such discharge. It a probationer be not discharged before the

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expiration of his probation, his appointment shall be deemed complete. Section 4.22. Reemployment; eligibility; procedure; seniority. Applications for reemployment shall be restricted to fire and police personnel who have four (4) or more years accumulated service, without an entrance examination, and these applications shall be filed in writing with the civil service board. The prerequisites for consideration for re-employment are: (1) (a) The applicant shall not have been away from the respective department in excess of twelve (12) months. (b) The applicant shall have left the service in good standing. (c) The respective chief must recommend that the applicant be reemployed. (d) The applicant shall pass a physical examination. (e) No one convicted of a felony can be reinstated. (2) Upon application for reemployment, and having met the prerequisites listed above, the person shall be placed on the current eligibility list with a numerical value score equal to the third highest man on the eligibility list. (3) Seniority begins as of the date of reemployment. (4) Seniority for pension purposes may be regained in accordance with the Pension Fund Law. (5) Persons reemployed shall serve a probationary period of twelve (12) months and may be removed from the department during such probationary period in accordance with the civil service provisions relating to probationers. Section 4.23. Selection of chief of department. In the event any vacancy occurs in the office of the chief of the fire

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department or the office of the police department, the city manager shall appoint a temporary chief of such department who shall hold such office with all the powers appertaining thereto until the council appoints a chief of such department as hereinafter provided. The city manager shall then recommend to the council the name of a person deemed to be qualified to fill such position. The council shall appoint such person recommended by the city manager or some other person deemed qualified to hold such position at the first or second regular meeting of the council after the vacancy occurs. Such person selected by the council to fill said position shall be responsible to the city manager and council for a period of one (1) year, during which period of time the council may remove or suspend such person then selected for any reason the council deems necessary and without notice and hearing. After the expiration of one (1) year from date a person has been so employed to serve as chief of the fire department or chief of the police department, such person shall be subject to all the rules and regulations of the civil service system of the city and shall be fully protected and governed thereby in every respect, including rules and regulations pertaining to suspension or removal from office. All civil service rights and privileges provided for in the charter or ordinances of the city and rules and regulations of the civil service board shall hereafter be construed to apply to the chief of the fire department and the chief of the police department one (1) year after such persons have been employed as herein provided. Section 4.24. Hearings. No member of the fire department or police department shall be removed or discharged nor shall the chief of the fire department or the chief of the police department be removed, discharged, demoted, or involuntarily retired except for cause upon written charges or complaint and after an opportunity for an open public hearing in his own defense before the civil service board. Said hearing shall be held within thirty (30) calendar days after such removal, discharge, or involuntary retirement or shall be deemed waived. Such charges shall be served upon such person at least five (5) days before the date fixed for such hearing. Such charges shall be investigated by and

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before the civil service board after service upon the person charged with a copy of the charges, as hereinbefore provided. The decision of the board thereon shall be given in writing to the accused and a copy thereof filed with the city clerk. In all proceedings before the civil service board the city attorney shall appear and represent the interest of the city when ordered to do so by the civil service board. The person against whom charges are preferred shall have the right to employ counsel to represent him at the hearing before said board. Said board shall have power to subpoena witnesses, both in behalf of the city and of the accused, and to require the production of any books, papers or records material to the issues in said case, by subpoena to be issued in the same manner as subpoenas are issued by the municipal court, signed by the chairman of said board, and said board shall have power to punish for contempt by a fine not exceeding ten dollars ($10.00) or imprisonment not exceeding five (5) days any person willfully failing or refusing to obey such subpoena. Section 4.25. Witness's oath. In the course of any investigation by said civil service board, any member thereof shall have the power to administer oaths to any witness. Section 4.26. Records of departments, availability. The civil service board shall at all times have access to all files, records and data of the fire and police departments of the city, and on request to either the chief of the fire department, the chief of the police department or the city clerk, must be furnished with any such record information as may be approved by the council; and upon the request of the board, the chief of the fire department or the chief of the police department shall furnish to them the name of any officer or fireman or member of either department whom they may suggest for the purpose of making any investigation concerning the operation of said department or the conduct of any member of said department. Section 4.27. Chairman, meetings, etc. Said civil service board shall elect one of its members as chairman, who shall hold office as such chairman at the pleasure of the board.

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Said civil service board shall hold regular meetings on the third Mondays in January, April, July and October, for the transaction of any business that may come before it and may hold special, adjourned, or called meetings at any time that the same may be called by the chairman of said board or by any two (2) members thereof. In the case of all special or called meetings of the board, called in the manner hereinbefore provided, the clerk of the said board, which clerk shall be the city clerk or his designee, shall give all members of the board five (5) days' written notice of such called or special meeting; and such a meeting cannot be legally held unless each member received such five days' written notice or waives same in writing. Provided, however, if a member absents himself from the city for more than thirty (30) continuous days, a meeting may be duly and regularly held upon giving the requisite notice to the other two (2) members of the board. At any regular, special, or called meeting any two (2) members of the board shall constitute a quorum for the transaction of business and the votes of any two (2) members of the board shall be sufficient to transact its business. All meetings of the board shall be held in the city hall, or in such place as the city council holds its meetings. Section 4.28. Minutes. Said civil service board shall keep minutes of its meetings and records of all business transacted by it at each meeting. All such minutes and records shall be open to inspection at all times by the public and shall be on file in the office of the city clerk. The city clerk or his designee shall attend all meetings of said civil service board and shall keep the minutes and records of same. Section 4.29. Compensation. The compensation of the members of said civil service board and the clerk of such board shall be twenty-five dollars ($25.00) for each member for each meeting attended. The council shall provide for the payment of the salaries of the members of said civil service board and the clerk of such board and the payment of all expenses of said board. If such expenses other than salaries are approved by the council, said expenses shall be provided

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in the annual budget for the estimation and appropriation of a sufficient amount to cover same. Section 4.30. Political activity by members of fire or police departments prohibited. (a) No officer or employee or member of said fire department or police department shall solicit orally or by letter or otherwise or receive or be in any manner concerned in soliciting any votes or receiving any assessment or subscription or contribution for any candidate for any municipal office of the city. (b) No member of said fire department or police department shall in any way undertake or threaten to degrade, discharge or demote, or in any manner change the official rank of pay of any officer or employee of said departments, or promise or threaten to do so, for giving or withholding or neglecting to make any contribution of money or any valuable thing for any person, party or for any political purpose whatsoever, or for the support of any candidate. No member of said fire department or police department shall receive any promotion as a reward for his support of any candidate or political party, and no member of said fire department or police department shall be reduced in rank or pay or discharged for his failure to support any candidate for political office. Section 4.31. Effect of recommendation for employment. No recommendation made by any officer or official, whether said officer or official be a city, county, State or national officer or official, of any person being examined for membership in said departments shall be considered by the civil service board except as the same may apply to the general moral character of the applicant. Section 4.32. Effect on present employees. Every member of the fire and police departments of the city coming within the provisions of this division who shall have been such member for a period of four (4) years in any capacity, though not consecutively, prior to the day upon which Ga. L. 1952, Act No. 586, p. 2246, and amended by Ga. L. 1959, Act No. 89, p. 2111, went into effect shall retain his position

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without examination, and be subject to all the conditions and benefits of this civil service law. This provision shall apply to the chiefs of said departments, the assistant chiefs and all officers in their then present positions. Section 4.33. Penalty for violations by member of department. (a) Any member of the fire department or police department, by appointment under the civil service rules, who shall willfully, or through culpable negligence violate any provisions of this division, or any criminal statute of this State, or such ordinance of this city, or the rules of the said civil service board or of said respective departments shall be dismissed from the services of the city, as hereinbefore provided. (b) Any officer or employee of the city other than those holding office under the civil service rules who shall willfully, or through culpable negligence violate any of the provisions of this division shall be guilty of a misdemeanor, and on conviction thereof in the municipal court be fined a sum of not more than one hundred dollars ($100.00) or sentenced to serve not more than fifty (50) days in jail. Section 4.34. Penalty for violation by civil service board member. Any member of the civil service board who shall violate any of the provisions of this division shall be subject to removal by a majority vote of the council after a full hearing before same and after having been served with written notice of the charges against him five (5) days before the date set for such hearing. The finding of the council upon such a hearing shall be final and conclusive and such person so removed shall not thereafter be eligible for reelection upon said board for a period of five (5) years. If so removed, his successor shall be elected in the same manner as he was elected. Section 4.35. Right of certiorari. In case of suspension or discharge of any member of the civil service system by the civil service board, said member shall have the right of certiorari to the superior court as provided by the laws of the State.

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ARTICLE V. BOARD OF LIGHTS AND WATER Section 5.1. Created, membership, terms, etc. The board of lights and waterworks, hereinafter referred to as board, hereby declared and created a body corporate, with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it, and which shall consist of the mayor of the city and the chairman of the committee of water and lights from the council of the City of Marietta who shall be appointed by the mayor, and of three residents of Marietta. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks, but shall not be a member of the board, and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident members of the board shall be elected by a majority vote of the council and shall serve for a term of four years, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the term of four years from the time of said election. The members of the board shall be paid such compensation as is set by the council. Section 5.2. Powers and duties generally; contracts. Said board shall have charge of the creation, building, operation and supply of water, electricity, cable television operations, sewer system, and other utilities as provided by law, and to have all the powers now vested in the city council for this purpose. It shall make all contracts therefor for the city, shall have power to regulate the rates in the city, and shall supply the people of the city with such services at a fair and equitable rate. It shall have power to make any contracts with any other company supplying such services to the city, and to do any and all things necessary to the carrying out of the objects of this Article. Said board shall take the proceeds of any bonds sold for the purpose of erecting systems and build and erect such systems to the best advantage of the city, and to this end, if it thinks best and proper, can

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purchase and acquire any property now owned and operated by any other company. Section 5.3. Extension of mains and lines beyond city limits. The board shall have the power and authority to extend its mains and lines beyond the limits of the city into the county at such places and to such distances as said board may determine by proper resolution, and to serve customers on said mains and lines so extended at such rates as may be fixed by the board. Section 5.4. Erection of facilities outside city. The board shall have the right, power, and authority to build and erect plants and other facilities beyond the corporate limits of the city for the operation of its systems. Section 5.5. Selling, etc., property generally. The board is hereby expressly authorized to sell real or personal property at public or private sale under such terms and conditions and for whatever consideration the board deems necessary. The board of lights and waterworks is further authorized to trade, exchange, lease, rent and otherwise contract concerning any real or personal property that it may now or hereafter own or have an interest in, and the board is expressly authorized to purchase real or personal property at public or private sale. Section 5.6. Acquiring property outside city. Said board shall have the right, power and authority to acquire by purchase, gift, or contract, suitable and sufficient lands and properties outside of the city for the purpose of extending the systems beyond the corporate limits of the city and for the erection and building of plants and facilities. Section 5.7. Cable television service. The board is hereby authorized to create, build, operate and maintain or lease cable television towers, equipment and stations for the purpose of receiving and transmitting television signals. The board is hereby authorized to make all contracts necessary and incidental to the operation of the above services, including the right to buy and sell or lease all equipment

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necessary and incidental to the operation of the above services, including cables, wire and any other technical and electronic devices necessary to maintain said service. The board is hereby authorized to use any of the poles, lines, equipment and personnel of the board necessary to the creation and maintenance of said service, and to contract with any persons, concerns, companies and utilities with reference to any matters necessary and incidental to the creation and operation and maintenance of such service. The board is hereby authorized to receive and transmit television signals, and to furnish such service to any of its customers, provided, however, the same shall be on voluntary basis and no one shall be required to subscribe to the cable television service. The board shall determine the fees to be paid by those electing to subscribe to such service. Section 5.8. Equipment. Said board shall have the right, power, and authority to purchase all equipment and machinery necessary to carry out the provisions of this Article. Section 5.9. Purchase of water and current. Said board shall have the right, power, and authority to contract for and purchase water and electric current for the purpose of resale to and supplying its customers. Section 5.10. Power to borrow. Said board in exercising the right, power, and authority delegated to it under the provisions of this Article relative to extending its lines, etc., the erection and building of plants and facilities, the acquiring of lands and properties therefore, and the purchase of such machinery and equipment incident to and necessary, shall have the right, power, and authority, if it should be necessary to carry out the powers delegated to said board, to borrow temporarily (and as a temporary loan) such sums of money and execute notes therefor as may be necessary to carry out the rights and powers delegated to it, provided such sums so borrowed shall not exceed the limit fixed by the Constitution and laws of this State. Section 5.11. Combination of water, sewer and electric systems; revenue bonds. As authorized by constitutional

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amendment the city and the board are authorized and empowered and granted the right, power and authority to combine the water and sewerage system and electric system now being maintained and operated by said board for the benefit of said city and to maintain, repair, and operate such combined public utility as one revenue producing undertaking and to issue from time to time interest bearing revenue anticipation obligations to be known and designated Public Utilities Revenue Bonds for the purpose of acquiring, constructing, adding to, extending, improving and equiping any facility of such combined public utility and to pledge for the payment of the principal of and interest on such public utilities revenue bonds all or any part of the revenues of such combined public utility and to create a lien thereon for that purpose, subject to any liens heretofore created thereon by law or contract. No election to authorize the issuance of said bonds shall be required and the pledge of revenues from the combined public utility shall not be a debt of the city within the meaning of Article IX, Section VII, Paragraph I of the Constitution. Such bonds may be issued from time to time bearing such rate or rates of interests as authorized by law and maturing within thirty (30) years from their date in the years and amounts as determined by a majority vote of the governing body of the city and by a majority vote of the members of the board, and when so authorized the procedure of the issuance and delivery including validation shall be in all respects in accordance with the Revenue Bond Law as now enacted and any amendments thereto which law was originally known as the Revenue Certificate Law of 1937. The rights, powers and authority herein conferred upon the city and board are self-executing and no enabling act of the General Assembly shall be necessary and are hereby made cumulative of and in addition to such other rights, powers and authority as they may have under the Constitution and laws of this State. Section 5.12. Eminent domain. The board shall have the right of eminent domain, with the power to condemn private property by paying just compensation therefor, and for other purposes, both within and without the city.

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Section 5.13. Service rates; pledging proceeds. Said board shall have the right, power and authority to fix such rates and charges for water, electricity and other service to its customers as it may deem proper and just. The board is hereby given the right, power and authority to pledge the proceeds thereof in accordance with the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. Section 5.14. Funds to be furnished board of education. The board shall pay to the treasurer of the board of education of the city such sum as may be requested by the board of education of the said city for the benefit of the public schools of the said city not exceeding ten percent (10%) of the gross income received and collected for water, lights, and power furnished the public, if requested so to do by a resolution by the board of education of the city in which it is certified or stated that the said sum or amount is necessary for the maintenance of the public schools of the city, or in order to pay its existing indebtedness. When such request by resolution is made by the said board of education of the city the payments therein provided for shall be made monthly and shall continue in force for a period of one year and shall then cease unless the said board of education shall renew its request by similar resolution from time to time each year. The board, subject to the terms and approval of the council and the board, shall pay to the treasurer of the board of education of the city an additional sum, as may be requested by the board of education of the said city for the benefit of the public schools of the said city, not to exceed five percent (5%) of the gross income received and collected for water, lights, and power furnished the public, if requested so to do by a resolution by the board of education of the city in which it is certified that the sum so specified is necessary for the maintenance of the public schools of the city. If the independent school system of the city shall ever merge with any other school system or shall ever cease to exist, this section of the charter shall become null and void.

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Section 5.15. Surplus funds, use authorized. The board is authorized to make appropriations from any surplus funds to the city. ARTICLE VI. MUNICIPAL COURT. Section 6.1. Established; presiding officer; place of holding. There is established a court known as the municipal court of said city for the trial of all offenders against the laws and ordinances of said city, to be held by a judge or an acting judge, as in this charter provided, in the council room or such other place as the council may designate. Section 6.2. Judge. The judge of the municipal court shall be the mayor or his designee, unless another person is appointed to such position by a majority vote of the council, as provided in section 69-704.1 of the Code of Georgia. By majority vote the council may appoint a judge pro tem, who shall serve as judge of the municipal court in the absence of or upon the disqualification of the judge, and who shall have all the power, authority and jurisdiction while so presiding as judge as is given by this charter to the judge of the municipal court. Section 6.3. Jurisdiction; powers and duties of judge. Said court shall have power and it shall be the duty of the judge: (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 one hundred dollars ($100.00), one or both. (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 thirty (30) days; to impose a fine not exceeding the maximum allowed by State law or to sentence said offender to be confined in the jail or other place of imprisonment in the county not exceeding thirty (30) days, either one or more of said penalties.

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(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 offender over to the proper court for trial and to assess bail for his appearance at said court. (5) Additional jurisdiction, powers and authority as conferred by ordinance and the laws of the State. Section 6.4. Rules of court. The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the court. The rules and regulations made or adopted by said court shall be filed with the city clerk, and shall be available for public inspection. Section 6.5. Certiorari. When any party in any cause in the municipal court shall be dissatisfied with the decision or judgment in such cause, such party may apply for and obtain a writ of certiorari by petition to the superior court, as provided by section 19-203 et seq. of the Code of Georgia. ARTICLE VII. FINANCE AND TAXATION. Division 1. Generally Section 7.1. 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 7.2. 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 7.3. Annual budget, appropriation. (a) The officer responsible therefor shall prior to the last regular

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meeting of council in each fiscal year, at a time designated by the council, submit a budget estimate of the revenue and expenditures of the city for the ensuing 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 ensuing year; (2) Such other information as may be appropriate; and (3) Recommendation as to the amounts to be appropriated with reasons therefor in such detail as may be advisable. (b) Prior to the first regular meeting of each fiscal year, or as soon thereafter as may be done, the appropriation ordinance for such year shall be passed. (c) At the end of each fiscal year all unencumbered balances 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, and the council, by ordinance, may amend the budget. Section 7.4. Independent Audit. There shall be an annual, independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Section 7.5. 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.

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Section 7.6. Contrating procedures. All contracts shall be made or authorized by the council, and no contracts shall bind the city unless reduced to writing and approved by the council. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him before authorization by the council. All formal contracts to which the city is a party shall be executed in behalf of the city by the mayor and attested by the city clerk. Section 7.7. Additional debt authorized. The city is hereby empowered and authorized to create the additional debt as provided for and in accordance with the terms and provisions of the Constitution of the State as set forth in Article IX, Section VII, Paragraph III with the right and authority to enact, adopt, and pass all ordinances and resolutions as may be proper and necessary to effect and carry out same. Section 7.8. Ad valorem tax levy generally. 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, and is also authorized to provide for sufficient levy to pay principal and interest on general obligations, and for support of the public schools. The city is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive, providing a tax rate ceiling. Section 7.9. Millage rate, due dates, payment methods. The council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 7.10. Other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by State law.

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Section 7.11. Assessment of property for taxes. 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. Section 7.12. Collection of taxes by county. The council may elect to provide for collection of city taxes by the county, and shall have authority to reimburse the county for the expenses of such service, as may be required. Section 7.13. 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 person designated by ordinance 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. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes. Section 7.14. Failure to make returns or furnish information. Council shall provide penalties for any taxpayer refusing to return property for taxation. Section 7.15. 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 the laws of the State, 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 7.16. Homestead exemption from education tax. (a) The homestead of each resident of the independent school district of the city who is sixty-two (62) years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding

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six thousand dollars ($6,000.00) per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system. (b) No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of the city, or with a person designated by the governing authority of the city, giving the age of the owner, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the governing authority of the city, or the person designated by the governing authority of the city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the governing authority, shall provide affidavit forms for this purpose. (c) The exemption granted to the homestead within this section shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this section in the manner herein provided. (d) The exemption provided for by this section shall apply to all taxable years beginning after December 31, 1972. Section 7.17. Executionshow issued, advertised, levied; method of sales. Execution for any taxes, fines, licenses, fees, assessments, forfeitures, or demands due to the city,

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or its corporate authorities, against any person or against any specific property subject thereto, shall be issued by the city clerk. 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. Division 2. Public Improvements Section 7.18. Authority to enforce. The council shall have authority to pass such ordinances, and do such other acts as may be necessary to give full force and effective operation to the provisions of this division. Section 7.19. Opening new streets. The city, through its proper officers, shall have the right, power and authority to open new streets whenever the council may deem it essential and necessary for the public use and convenience to do so. Section 7.20. Changing and relocating streets. The city, through its proper officers, shall have the right, power, and authority to alter, change and relocate existing streets whenever the council shall deem such action to be necessary and essential to the best interests of the city and for the convenience of the citizens thereof. Section 7.21. Abandonment of nonessential streets authorized. Said city, through its proper officers, shall have the right, power, and authority to close and abandon such streets as the council may deem nonessential and unnecessary for public use and public convenience, provided that notice of such intention to close and abandon any street shall be given as hereinafter provided. Section 7.22. Notice required in event of abandonment, relocation, etc., of streets. No ordinance or resolution shall be passed relative to the closing and abandonment of any public street, or to alter, change, or relocate any existing street, until the council shall have published a notice once a week for two (2) weeks in the newspaper in said city and county in which the sheriff's advertisements are published, wherein it is stated the name of the street proposed to be

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closed and abandoned, and the name of the street proposed to be altered, changed and relocated, specifying the proposed changes and alterations, and fixing a time and place where all persons interested therein may appear and be heard relative thereto. Section 7.23. Closing of drains. The city through its proper officers, shall have the right, power and authority to close and abandon such storm drain structures as the council may deem nonessential and unnecessary for public use, public necessity, and public convenience, provided that notice of such intention to close and abandon any storm drain structure shall be given as provided in the case of abandonment of a street. Section 7.24. Relocation, etc., of drains. The city, through its proper officers, shall have the right, power, and authority to alter, change and relocate existing storm drains whenever the council shall deem such action to be necessary and essential to the best interests of the city for the convenience or health, or safety, or welfare of the citizens thereof. Section 7.25. Authority to expend money for improvements. The council in its discretion is authorized to use and expend any monies derived from improvement bond issues, or from general funds, to improve and pave the streets and sidewalks, curbs and gutters, and storm water drains, within the city as may be required for the general welfare of the citizens of the city. Section 7.26. Acquisition of property. The city, by and through its proper officers, shall have the right, power, and authority to acquire by purchase, gift, devise, dedication, and by condemnation proceedings, the title to such property as the council may deem proper, essential and necessary for the purposes of this division. Section 7.27. Sale of nonessential property. The city, through its proper officers, shall have the right, power and authority to sell and convey by sufficient deed all or any portion of any public street, alley or other public way or storm drain, which may be hereafter closed and abandoned,

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in all cases where the legal title thereto is in said city, but not otherwise. Section 7.28. Improvement assessments authorized. The council is hereby authorized and empowered to construct and improve any sidewalk, street, avenue, public alley, other public place, or any portion thereof, upon petition therefor as hereinafter provided, by paving, repaving, curbing, guttering and draining the same, with such form of improvements as may seem proper, and to construct and improve any storm water drain through any public or private property, and assess the cost thereof upon abutting owners thereof, and any person owning, operating or controlling a railroad tract thereon. Section 7.29. Street 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 authority, subject to the restrictions, terms, definitions and requirements as are therein set out. Said Chapter 69, section 401 through 434, together with all amendments thereto are made a part of this charter. Section 7.30. Method of making street assessment. The cost of paving, repaving or improving any street, avenue, public alley, or other public place or portion thereof, including any storm drain, shall be assessed against the abutting property owners of each side of the street, avenue, public alley, or other public place or portion thereof so paved, repaved or improved, except that where a person has railroad tracks on said street, avenue, public alley, other public place or portion thereof so improved, the person owning, operating or controlling the same shall be assessed for the cost of paving, repaving or improving said street, avenue, public alley, other public place or portion thereof for the full distance that such tracks extend along said street or public place of such pavement, repavement or improvement, and for the full width of sixteen (16) feet where they have two tracks thereon and eleven (11) feet where they have one

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track thereon, and after deducting the amount of this assessment against said track owner then the abutting property owners shall pay the total assessment against the abutting property on each side of the street or public place or portion thereof so paved, repaved or improved. Section 7.31. Rate of street assessment. The assessment against each abutting owner shall be pro rata and determined by the amount of the frontage of such owner upon the sidewalk, street, avenue, alley, or other public place, paved, repaved, improved or reimproved. Section 7.32. Payment for manholes, drains, etc. The city through its proper officers is empowered to install and construct in or upon any public or private property, the necessary manholes, catch basins, etc., grating and lay necessary drain pipe, or culverts, whenever, in its discretion, the public necessity may require it, the cost of which, with such engineering, surveying and grading as the city may deem proper to do, in or upon any public or private properties, which it is hereby empowered to do shall be included in the assessment provided for in this division with the cost for the improvement of all street crossings assessed against the abutting owners; provided, however, the council, in its discretion, may pay a part or all the expenses for the items or matters referred to in this section, should it appear to the council, in its sole discretion, the facts warrant or require said payment by the city with regard to any project. Section 7.33. Improvements to be authorized by ordinances. No sidewalk, street, alley or other place shall be paved, repaved or improved, until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless the council shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons subject to assessment for the imfront footage of abutting property, subject to assessment for the cost of paving, repaving, or otherwise improving the sidewalk, street, avenue, alley, public place or portion thereof proposed to be paved or repaved. Section 7.34. Method of determining number of petitioners.

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In determining the number of petitioners for any of the improvements under the division, each company or corporation shall be counted as one person and a majority in interests of owners' undivided interests shall be counted as one person; provided, in any case where the improvement is petitioned for by the owners of a majority of the frontage of abutting property, such owners shall be counted as a majority of the persons subject to assessment for the improvement petitioned for. Section 7.35. Requirements for ordinances authorizing and assessing cost of improvements. The ordinance authorizing the paving, repaving, improving or reimproving of any sidewalk, street, avenue, alley or other public place under the provisions of this division shall describe the general character of improvement to be made, the material to be used and such other matters as shall be necessary to enable the preparation of the proper plans and specifications for the improvement proposed to be made; and pending the consideration of such ordinance an advertisement shall be inserted at least one time in the newspaper in which the advertisement of sheriff sales in the county are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalk, street, avenue, public alley, public place or portion thereof to be paved, repaved or improved, the estimated cost per front foot; and it shall set forth that the property owners or others interested are notified to appear at a meeting of the council to be held at a time stated in said advertisement and make any objection that they may desire to urge against the passage of such ordinance; a copy of said advertisement shall be mailed to each person whose post office address is known fifteen (15) days before said meeting for hearing objections. At the time named in said advertisement, if any property owner or other person desires to make objection to the passage of such ordinance, full opportunity shall be given at said meeting and after hearing objections, if any are made to the passage of such ordinance, said council shall have the right and power, in its discretion, to order such pavement, repavement or other improvement to be made, or it may decline to pass said ordinance. After the passage of such ordinance any person subject

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to assessment for the cost of such improvement who does not, within fifteen (15) days thereafter, begin legal proceedings to prevent said assessment being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment provided for may be made. Thereupon it shall be the duty of said council to forthwith cause said improvement to be made in accordance with the plans and specifications as prepared. When completed an ordinance shall be passed, assessing the cost of said improvement as provided in this division. The assessing ordinance shall thereupon assert a lien upon each portion of the property abutting upon such paving, repaving or improvement for the amount of the assessment, against the owner thereof, to date back to the approval of the original ordinance and declare the same at the time said ordinance is passed. Section 7.36. Assessment notice; payments. After the adoption of the ordinance assessing the cost a written statement shall be furnished by the clerk of the city to each abutting owner subject to the assessment, herein provided for, showing his pro rata part of such assessment and it shall be the duty of such person, so notified, to pay said clerk within thirty (30) days after the receipt of such statement, the entire amount of the assessment against such person; provided that any person so notified shall have the right to pay the assessment so levied in five (5) installments to be paid as follows: Twenty percent (20%) within thirty (30) days after the receipt of said notice and the remaining eighty percent (80%) in four annual installments of twenty percent (20%) each, such deferred payments to be evidenced by promissory notes bearing interest from date until paid at the rate of seven percent (7%) per annum, payable annually, and to said council or order. The benefit of the payment by installment may be taken advantage of by any such property owner by giving notes for the deferred payments as herein provided at the time of making the cash payment. In the event any property owner shall desire to pay the balance due under such assessment after exercising the option to pay installments as hereinbefore provided at any time before the maturity of such installments, such

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party so wishing and offering to pay shall pay the principal and interest due up to date of payment. The notice for assessment herein provided for shall be served personally upon each of said property owners (each agent of such company or corporation) residing within the limits of said city, and where such owner or agent is a non-resident of said city it will be sufficient service that said notice or statement be mailed to said property owner or agent at the last post office address of said owner or agent known to said clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property by reason of which such assessment is made. Section 7.37. Execution, levy, sale. If any person shall fail or refuse to pay to the clerk his assessment, at the expiration of the thirty (30) days after the service of the statement, or in lieu thereof fully comply with the provisions relating to the payment of such assessments, said clerk will be authorized to issue execution bearing teste in the name of the mayor of said city, and specifying the improvement for which it is issued, against the owner and also the property of such owner abutting upon the sidewalk, street, avenue, alley, other public place or portion thereof, so improved, which execution will be a lien against such property from the date of the ordinance authorizing said improvement and bearing interest at the rate of seven percent (7%) per annum from the date on which it is issued. Said execution when issued, shall be delivered to the chief of police, who shall execute the same by levying and selling the property described therein for the amount due, together with all costs that may ccrue thereon. The law applicable to sale under other executions issued by said city shall apply as to the levy, notice, advertisement and sale made under said execution, and said chief shall have authority to execute deeds when the property is sold, and deliver the immediate possession thereof to the purchaser. Section 7.38. Notice of lien. The passage of the ordinance for paving, repaving or otherwise improving a street, or part of a street, alley, or other public place in said city,

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together with the ordinance assessing the cost of the same, and asserting liens against property abutting thereon, shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the clerk of the superior court under the general registration law. Section 7.39. Same transfer of executions. The chief of police shall be authorized to transfer and assign an execution issued under the provisions of this division and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers under other executions issued by said city. Section 7.40. Illegality of executions. Any defendant in such execution or owner of property against which the same is issued shall have the right to file an affidavit of illegality, upon the ground that the same has issued or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount, so admitted, to be paid before said affidavit shall be received, and said affidavit shall be received for the balance); provided, any such defendant, who has not within fifteen (15) days after the passage of the ordinance authorizing such improvement, begun legal proceedings to prevent the assessment for the cost thereof, shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made; otherwise the law relating to illegalities shall apply as in other cases. When the chief of police shall receive said affidavit of illegality as herein provided for, he shall return the same to the clerk of the superior court where it shall be tried at the first term of the court under the law of this State that is applicable to the trial of illegalities, and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right of appeal as in cases of illegality originating from executions issued by the superior courts of this State. Section 7.41. Street improvement certificates authority

Page 3599

to issue. The council is authorized and empowered to execute paving certificates which shall be known as Street Improvement Certificates of the City of Marietta, Georgia, certifying to all the facts necessary to the validity and guarantee of payment of promissory notes given for street improvements and executions issued on account thereof. Section 7.42. Same ordinance providing for. Said council is hereby authorized to provide by ordinance for the issuing of certificates showing the authority of said city for making any street improvement and the compliance with statutory authority by abutting property owners, and every other person interested in said improvements, in making the same, to wit: Filing of the required petition for such improvements by the required majority; Introduction of the ordinance authorizing the improvement; Advertisement required by statute pending the consideration of the ordinance; Adoption of the ordinance; Agreement (conclusively presumed) of all persons interested in the passage of ordinances, authorizing the improvement and the assessment therefor; Contract for said improvement; Completion of said improvement; Adoption of the assessing ordinance; Statement by city clerk showing pro rata assessments; Promissory notes given for deferred payments; Executions issued against abutters and properties;

Page 3600

Registration of executions; Authority of chief of police to transfer executions issued against abutters and properties for said assessments; Illegality as in other cases, provided that any such defendant, who has not within fifteen (15) days after the passage of the ordinance authorizing such improvement, begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made; All and every other authority and fact necessary or required to show the validity of any promissory note made or execution issued, on account of any street improvement, and every authority and fact showing the power and authority of said city to contract for said improvement. Section 7.43. Same paving certificates, authority; terms, etc., sale or pledge of certificates; funds, separation and use. Said city is hereby authorized and empowered to issued paving certificates during the progress of street improvement work at such time and in such sums as the council may deem proper, the aggregate of which shall not exceed eighty percent (80%) of the cost of improvements that have been made at the time of the issuance of the same, which certificates shall draw interest at the rate of not exceeding seven percent (7%) per annum and be payable at such time or times as the council may fix during the year of the issuance of the same. Authority is also hereby conferred upon the city to issue paving certificates. After the completion of any street improvement contract, bearing interest at not exceeding seven percent (7%) per annum and payable at such time, or times, as the council may fix during the year of the issuance of the same, and in such sums as the council may deem proper the aggregate amount of which shall not exceed eighty percent (80%) of the amount payable to said city upon such assessments, less the aggregate amount of certificates outstanding, previously

Page 3601

issued for said improvements under the provisions of this division. The city is authorized to sell any of such certificates or borrow money thereon by pledging any of them as collateral security, for the payment of the cost of said improvements, and in either of sale or collateral pledge of such certificates, or any of them, to pledge the faith and credit of said city for the payment thereof and to guarantee the payment of the same for and in the name of said city. All money received from the sale or pledge of said certificates, or any of them, shall be kept in a fund separate from all others, and shall be applied to the payment of the cost of making the improvements on account of which said certificates were issued, and for no other purpose. ARTICLE VIII. BOARDS, COMMISSIONS, AUTHORITIES. Section 8.1. Authority to establish, maintain and abolish. The city council shall have the power and authority to establish, appoint and maintain such boards, commissions, and authorities as in its judgment the needs of the city require, and to abolish the same as it may deem approprite. Section 8.2. Continuation in existence of existing bodies. All boards, commissions, authorities and agencies, whether the planning commission, board of adjustments, housing authority, or otherwise, established by law or ordinance, shall continue in existence until abolished according to law, and the adoption of this charter shall in no way be construed to abolish any such body. ARTICLE IX. SCHOOLS. Section 9.1. System continued. The city school system shall be and remain as now provided by the laws creating the same. The adoption of this charter shall in no way be construed to repeal the Act of the General Assembly creating the city

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school system, or any Act amendatory thereof nor shall it affect the millage rates applicable to the said school system. Section 9.2. 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 board of education the right and authority 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 9.3. No liability of city, etc. The council and/or the city shall not, in any way or manner, be liable for any contract or obligation which may be made by the board of education of the city, unless such liability is expressly incurred. ARTICLE X. LEGAL PROVISIONS. Section 10.1. 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 10.2. Penalties. Violations of any provisions of this charter, for which a penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed thirty (30) days or both such fine and imprisonment. Section 10.3. Taking effect; repeal of conflicting law. The provisions of this Act shall become effective January 1, 1976. 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 there will be introduced at the regular 1977 session of the General Assembly of Georgia, a

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bill to create a new charter for the City of Marietta, Georgia (Ga. L. 1904, p. 519) as heretofore amended and for other purposes. This 28th day of Jan., 1977. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugent Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 28, February 4 and 11, 1977. /s/ Bill Cooper Representative, 19th District. Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at large. My Commission Expires Dec. 17, 1980. (Seal). Approved March 23, 1977.

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CITY OF QUITMANCOMPENSATION OF COMMISSIONERS CHANGED. No. 466 (House Bill No. 908). An Act to amend an Act creating a new charter for the City of Quitman, approved March 3, 1962 (Ga. L. 1962, p. 2894), as amended, so as to change the salary of the members and 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 new charter for the City of Quitman, approved March 3, 1962 (Ga. L. 1962, p. 2894), as amended, is hereby amended by striking from section 10 thereof, the words, and substituting in lieu thereof the following: $100.00, and by striking the words, fifty dollars, and substituting in lieu thereof the following: $125.00, so that when so amended section 10 shall read as follows: Section 10. Salary of commissioners. Each member of the board of commissioners shall receive a salary of $100.00 per month, except the chairman, who shall receive a salary of $125.00 per month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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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 1977 session of the General Assembly of Georgia a bill to increase the compensation of the chairman and members of the Board of Commissioners for the City of Quitman; to repeal conflicting laws; and for other purposes. This 18th day of January, 1977. W. H. Long City Attorney 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 20, 27 and February 3, 1977. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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TOWNS COUNTYSHERIFF'S AND DEPUTIES' COMPENSATION CHANGED. No. 467 (House Bill No. 916). An Act to amend an Act placing the Sheriff of Towns County on an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2216), as amended by an Act approved March 5, 1976 (Ga. L. 1976, p. 2824), so as to change the provisions relative to the compensation of the sheriff and deputies; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Towns County on an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2216), as amended by an Act approved March 5, 1976 (Ga. L. 1976, p. 2824), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff shall receive an annual salary of $12,500.00, payable in equal monthly installments from the funds of Towns County. Section 2. Said Act is further amended by striking subsection (a) of section 4 in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) The sheriff shall be authorized to employ a chief deputy and fix his compensation at not less than $750.00 nor more than $800.00 per month. The sheriff shall also be authorized to employ an additional deputy and fix his compensation at not less than $650.00 nor more than $700.00 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

Page 3607

such personnel shall be paid from the funds of Towns County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1977 Session of the General Assembly of Georgia, a bill 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), as amended by an Act approved March 5, 1976 (Ga. L. 1976, P. 2824), so as to change the salary of the sheriff; to change the salary of the sheriff's deputy; to provide an effective date; to repeal conflicting laws; and for other purposes. This 1st day of January, 1976. /s/ Jack McKay Sheriff, Towns County 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

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County, on the following dates: January 7, 14 and 21, 1977. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF JEFFERSONVILLE CHARTER AMENDEDCITY COUNCIL MEMBERS AND ELECTION DISTRICTS SET. No. 468 (House Bill No. 918). An Act to amend an Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. L. 1909, p. 977), as amended, so as to change the provisions relating to the composition and election of the members of the city council; to provide for election districts; to provide for procedures in connection with such elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that the Act described in the caption hereof and the several Acts amendatory thereof be and the same is hereby further amended as follows: Section 1. At the first city election held after the effective date of this Act and biennially thereafter, there shall be an election for a mayor and seven councilmen who shall hold office for two years from the date of their election and until their successors are elected and qualified. The mayor

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shall be elected by the qualified electors residing within the city. Five councilmen shall be elected from Election District No. 1. Each councilman elected from said district must be a resident thereof. There shall be five posts numbered post 1, post 2, post 3, post 4 and post 5. A candidate shall designate the post for which he is offering, and a candidate shall run for only one post. The five councilmen shall be elected by the qualified electors residing within Election District No. 1. Two councilmen shall be elected from Election District No. 2. Each councilman elected from said district must be a resident thereof. There shall be two posts numbered post 6 and post 7. A candidate shall designate the post for which he is offering, and a candidate shall run for only one post. The two councilmen shall be elected by the qualified electors residing within Election District No. 2. For the purpose of electing councilmen as herein provided, the City of Jeffersonville is hereby divided into the following election districts: Election District No. 1All of the City of Jeffersonville southeast of Georgia 96 west of U. S. Highway No. 80 and all of said city southeast of Magnolia Street; Election District No. 2All of the City of Jeffersonville northwest of Georgia 96 west of U. S. Highway No. 80 and all of said city northwest of Magnolia Street. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon request of Mayor and Council and citizens of Jeffersonville. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia local legislation to amend an Act creating and governing the Mayor and Council of the City of Jeffersonville, as amended, to provide that the City of Jeffersonville shall be divided into two (2) election districts; to be known as District 1 and District 2; that District 1 shall have 5 members of said City Council; that said 5 members are to be

Page 3610

elected at large in said district in 5 Posts; that District 2 shall have 2 members of said City Council; that said 2 members are to be elected at large in said District in 2 posts; that all candidates for said City Council must be a resident of the District in which they are running for office; that District 1 shall consist of all of the City of Jeffersonville Southeast of Georgia 96 West of U. S. Highway No. 80 and all of said City Southeast of Magnolia Street; that District 2 shall consist of all of the City of Jeffersonville Northwest of Georgia 96 West of U. S. Highway 80 and all of said City Northwest of Magnolia Street; to provide an effective date therefore, to repeal conflicting laws; and for other purposes. This is 24th day of January, 1977. Kenneth W. Birdsong Representative, 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong who, on oath, deposes and says that he is Representative from the 103rd District and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 26, February 2 and 9, 1977. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me this 11th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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TWIGGS COUNTY BOARD OF COMMISSIONERSPROVISIONS CHANGED, ETC. No. 469 (House Bill No. 919). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the compensation of the chairman and the commissioners of said board; to strike the provisions relating to a purchasing agent and his compensation; to change the provisions relating to meetings; to provide for group accident and sickness insurance coverage; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is hereby amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. That it shall be the duty of the chairman of said board to preside at all meetings and to sign as such chairman all orders and processes of said commissioners. Said chairman shall have the right to vote on all questions and perform any and all duties imposed upon the board of commissioners. The chairman shall receive a salary of $175.00 per month, payable monthly. In the absence of disqualification of the chairman the board may elect a vice-chairman to act in his stead. Section 2. Said Act is further amended by striking from section 9 the figure $100.00, wherever it shall appear, and substituting in lieu thereof the figure $150.00, so that when so amended, section 9 shall read as follows: Section 9. That the members of said board of commissioners hereby created and their successors in office shall receive as compensation the sum of $150.00 per month, plus

Page 3612

mileage for attending to business of the county, taking place outside the county at ten cents per mile, but not to exceed $50.00 per month, plus reimbursement for meals and lodging while outside the county on county business. The salaries of the chairman and of the other members of the board of commissioners shall be paid out of the county treasury of the County of Twiggs. 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 of Twiggs County shall hold its regular meetings on the first and third Tuesdays of each month and may hold additional meetings when necessary to conduct the affairs of the county. Section 4. Said Act is further amended by adding immediately following section 17 a new section to be designated section 17A to read as follows: Section 17A. The Board of Commissioners of Twiggs County shall be authorized to purchase group accident and sickness insurance to cover members of the board and county employees. 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. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1977 Session of the General Assembly of Georgia local legislation to amend an Act creating and governing the Board of Commissioners of Twiggs County, as amended, to provide that the Chairman of said Board be compensated at the rate of $175 per month in lieu of $100 per month, in

Page 3613

lieu of all other compensation; that the remaining commissioners be compensated at the rate of $150 per month each in lieu of $100, in lieu of all other salary or compensation; to provide for group insurance coverage and the payment therefor from county funds; to provide for two regular monthly meetings of said Board of Commissioners; and to repeal conflicting laws, and provide an effective date therefore, and for other purposes. This the 7th day of January, 1977. Kenneth W. Birdsong Representative 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 12, 19 26, 1977. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me this 17th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission expires Oct. 20, 1979. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1977 Session of the General Assembly of Georgia, a bill to amend an act creating a Board of Commissioners

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of Roads and Revenue for the County of Twiggs, approved July 27, 1923 (Ga. L. 1923, p. 234) as amended, so as to delete the provisions for the appointment of a purchasing agent for the said county and the compensation thereof, and for other purposes. Kenneth W. Birdsong Representative 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 26, February 2 and 9, 1977. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me this 11th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission expires Oct. 20, 1979. (Seal). Approved March 23, 1977. CITY OF LESLIENEW CHARTER. No. 470 (House Bill No. 922). An Act to provide a new Charter for the City of Leslie in the County of Sumter; to provide for the corporate powers of said City; to provide for the governing authority; to

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provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide effective dates; 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 Leslie, repealing and replacing the charter provided by an Act of the General Assembly, approved August 21, 1911 (Ga. L. 1911, p. 1304), as amended. The City of Leslie, 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 the City of Leslie, 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 Leslie 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 Leslie, 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 Leslie, 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 as evidence in all courts and shall have the same force and effect as with the original map.

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(b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Examples of Powers. The corporate powers of this City may include but shall not be limited to the following: (1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the City; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the City; (5) Municipal Debts. 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; (6) Municipal Property Ownership. 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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(7) 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; (8) Condemnation. To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under section 36-202 of the Code of Georgia of 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. 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. (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (11) Roadways. 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; and 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) Public Improvements. To provide for the acquisition,

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construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia of 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. 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) Building Regulation. 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 the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the

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use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. 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) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. 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) Fire Regulations. 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) Public Hazards, Removal. 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) Solid Waste Disposal. 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,

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tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. 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; 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; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. 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; (28) Jail Sentences. To provide that persons given jail sentences in the City'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; (29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and

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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 disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. 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; (31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of

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arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. 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; (39) Urban Redevelopment. To organize and operate an urban redevelopment program; (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (42) Other Powers. 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 stated 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 listing 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. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees may be exercised as provided by this

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charter. If this charter makes no provisions, such may be exercised as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of a Mayor and four Councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office. The members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or members of the Council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City. 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) willfully and knowingly violates any express prohibition of this charter; or

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(3) is convicted of a crime involving moral turpitude. Section 2.13. Compensation and Expenses. The salaries of the Mayor and Council of the City of Leslie, Georgia, shall be fixed by said Mayor and Council in January next following the City's election except as otherwise limited by the general 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. Section 2.14 Prohibitions. 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. Section 2.15. Code of Ethics. The Council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City. 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 this City 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 creation 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, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the

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inhabitants of this City. 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 provided for by this charter. Section 2.18. Chief Executive Officer. The Mayor shall be the chief executive of this City. He shall possess 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 2.19. Powers and Duties of Mayor. As the chief executive of this City, the Mayor: (a) shall see that all laws and ordinances of the City are faithfully executed; (b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council; (c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter; (d) shall exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (e) shall prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (f) shall 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;

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(g) may 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) may call special meetings of the Council as provided for in section 2.23 (b); (i) may approve or disapprove ordinances as provided in section 2.23; (j) may examine and audit all accounts of the City; (k) may require any department or agency of the City to submit written reports whenever he deems it expedient; (l) shall perform other duties as may be required by general State law, this charter or ordinance. Section 2.20. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Mayor, within ten calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his 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 meeting and should the Council then or at its next general meeting adopt the ordinance by an affirmative vote of three members, it shall become law. (d) The Mayor may disapprove or reduce any item or

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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 Council over the Mayor's veto as provided herein. The reduced part or parts shall be presented to Council as though disapproved and shall become law unless overridden by Council as in subsection (c) above. Section 2.21. Mayor Pro Tem; Selection; Duties. The Council shall elect by majority vote from among its members a Mayor Pro Tem who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. The Council shall elect an acting Mayor Pro Tem from among its members for any period in which the Mayor Pro Tem is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Council. Section 2.22. Organization Meeting. (a) The Council shall meet for organization on the first scheduled meeting in January next following the City election. The meeting shall be called to order 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 this 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) 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 one year and until his successor is elected and qualified. Section 2.23. 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

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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 two members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice 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 may be transacted at a regular meeting may be conducted at the special meeting. (c) All meetings of the Council shall be public to the extent required by general State law. Section 2.24. 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 2.25. 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. A majority vote of those present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.26. 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

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clause shall be: The Council of the City of Leslie hereby ordains.... and every ordinance shall so begin. (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, an ordinance shall not be adopted the same day it is introduced, except by unanimous consent of Council and for emergency ordinances provided in section 2.27. Upon introduction of any ordinance, the Clerk shall, as soon as reasonable, distribute a copy to the Mayor and to each Council member 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 2.27. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the Council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three Councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty 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 2.28. Codes of Technical Regulations. (a) The

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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 2.26(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 2.29 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 2.29. Signing, Authenticating, Recording; Codifying, Printing. (a) The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Council shall provide for the preparation of a general codification of all 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 Council may specify. This compilation shall be known and cited officially as The Code of the City of Leslie, Georgia. Copies of the Code may be furnished to all officers, departments, and agencies of the City and made available for purchase by the public at a reasonable price as fixed by the Council. (c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this

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City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make further arrangements as deemed desirable with respect to reproduction and distributions of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by Council. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove directors under his supervision. The director involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of three Council Members.

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Section 3.11. Board, Commissions and Authorities. (a) The Council shall create, by ordinance, such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall, by ordinance, establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any vacancy on 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 general State law. (e) No member of a board, commission or authority shall assume office until he has 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 administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice chairman 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 general State law, as it deems appropriate and necessary

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for the fulfillment of the duties or the conduct of the affairs, copies of which shall be filed with the Clerk of the City. Section 3.12. City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Section 3.13. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct. Section 3.14. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State 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 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 3.17. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position

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classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. 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. For purposes of this section, all elected and appointed City officials are not City employees. 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; 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; 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 dismissal hearings as due process may require; and (5) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation of Municipal Court. There is hereby established a court to be known as the Municipal Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same.

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Section 4.11. Chief Judge, Associate Judge. (a) The Municipal Court shall be presided over by a Chief Judge and such part-time, full-time or stand-by Associate Judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a Judge of the Municipal Court unless he shall have attained the age of 21 years and be a resident of the same judicial Circuit as the Municipal Court is located in. All Judges shall be appointed by Council. (c) Compensation of the Judges shall be determined by Council who may also remove for cause such Judge or Judges by a vote of three members of the Council. (d) Before entering on duties of his office, each Judge shall take an oath given by the Mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality which shall be entered upon Council minutes. Section 4.12. Convening. The Municipal Court shall be convened at regular intervals as designated by Council or at such times as deemed necessary by the Judge to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The Municipal Court shall try and punish for crimes against the City 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 twenty-five dollars. The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars or imprisonment for thirty days, or both. As an alternative to fine or imprisonment, the Municipal 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 days. (b) The Municipal Court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs 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 on order of the Judge be forfeited to the City or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (d) The Municipal 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 Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such others as are necessary. (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 granted by general State laws generally to mayor's,

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recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. 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 Sumter 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 on his conviction shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the Council, the Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the 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 and shall be available for public inspection upon request. ARTICLE V ELECTIONS Section 5.10. Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.11. Election of Council and Mayor. (a) On the second Wednesday of November, 1977, and on said date biennially thereafter, there shall be an election for the Mayor and two Councilmen. For the period beginning when the Mayor and two Councilmen elected as provided herein take office and ending when the first two Councilmen elected under subsection (b) hereof take office, the governing

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authority of the City of Leslie shall be composed of the Mayor and two Councilmen elected as provided herein and the two Councilmen elected under the former charter of the City of Leslie whose regular terms of office will expire at the time the first two Councilmen elected under subsection (b) hereof take office. (b) On the second Wednesday of November, 1978, and on said date biennially thereafter, the remaining two Councilmen shall be elected to serve two-years terms. Thereafter, the Mayor and Councilmen shall be elected on the same date in the order of expiration of terms of those so elected such that a continuing body is created. (c) The terms of office of the Mayor and Councilmen elected as provided in this section shall begin upon their taking the oath of office as provided for in section 2.22 of this charter. Section 5.12. Special Elections; Vacancies. In the event that the office of Mayor or Council member 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 months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels. Section 5.14. Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal

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Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.15. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed 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) knowingly violate 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 5.16. Procedure for Removal. Removal of an above described officer may be accompanied by one of the following methods; (a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 Sumter County. Such appeal shall be governed by the same rules as governor appeals to the Superior Court from the Probate Court.

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(b) By information filed in the Superior Court of Sumter County as provided by law. ARTICLE VI FINANCE Section 6.10. Property Tax. The Council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion. The City is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104, inclusive. Section 6.11. Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficent, 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. Section 6.12. Occupation and Business Taxes. The Council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses,

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occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.13. License, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this Article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such license as the public health, safety and welfare necessitates. Section 6.14. Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. If unpaid, such charges shall be collected as provided in this Article for delinquent taxes and fees. Section 6.15. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. Said lien shall also be enforceable by the same procedures and under the same

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remedies as provided for in this Article for City property taxes. Section 6.16. Construction, Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the City to govern its local affairs. Section 6.17. Collection of Delinquent Taxes and Fees. The Council, by ordinance, may provide generally for the collection of delinquent taxes, fees or other revenue due the City by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.18. Transfer of Executions. The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.19. General Obligation Bonds. The Council shall have the power to issue bonds for the purpose of

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raising revenue to carry out any project, program or venture authorized under this charter of the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time and 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 amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-Term Notes. The City must obtain and repay any short- term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.22. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or Federal law. Section 6.23. Preparation of Budgets. The Council may provide an ordinance on 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 6.24. 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 fund to which it applies. Section 6.25. Capital Improvements Budget. (a) The Mayor may submit to the Council a proposed capital improvements

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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, 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 lapse 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 6.26. Independent Audit. There shall be an annual, independent audit of all City accounts, funds and financial transactions by a qualified public accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or Federal governments may be accepted as satisfying the requirements of this charter. Section 6.27. Contracting Procedures. No contract with the City shall be binding on the City unless: (1) it is in writing; (2) it is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.28. Centralized Purchasing. The Council may,

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by ordinance, prescribe procedures for a system of centralized purchasing for the city. Section 6.29. Sale of City Property. (a) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law, as now or later amended, by section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p 350). (b) 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 accertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,

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hospitals and charitable, educational, recreational sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.11. Franchises. The Council shall have the power to grant franchises for the use of the City's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of twenty-five years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City Clerk in a 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 7.12. 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 by ordinance or as may be provided by State law. Section 7.13. Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the City not in conflict with this charter shall continue in force unless repealed or amended for two years from the effective date of this charter. During such two-year period, the Council shall review all such provisions and shall readopt, repeal or amend each such that a codification as provided by section 2.29(b) is begun. Section 7.14. Prior Ordinances. All ordinances, bylaws,

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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 Council. Section 7.15. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of sixty days before or during which the existing Council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. Section 7.16. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or offices as may be provided by the Council. Section 7.17. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment not to exceed sixty days or both such fine and imprisonment. Section 7.18. Contruction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word City shall mean the City of Leslie, Georgia. (d) The word Council shall mean the City Council of this City.

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(e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.19. 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 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 7.20. Specific Act Repealed. An Act incorporating the City of Leslie in the County of Sumter, approved August 21, 1911 (Ga. L. 1911, p. 1304), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.41. Effective Dates. For the purpose of holding the elections provided for in section 5.11 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective when the Mayor and Councilmen elected under subsection (a) of section 5.11 of this Act take their oaths of office. Section 7.22. 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 1977 regular sesion of the General Assembly of Georgia a bill to provide a new Charter for the City of Leslie, Georgia; and to provide for all matters relative thereto and for other purposes. A copy of which shall be available for public inspection at the City Hall of Leslie, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority,

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duly authorized to administer oaths, William Murray 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: January 14, 21 and 28, 1977. /s/ William Murray Representative, 116th District Sworn to and subscribed before this 17th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF PLAINS CHARTER AMENDEDMUNICIPAL COURT CREATED IN LIEU OF MAYOR'S COURT. No. 471 (House Bill No. 923). An Act to amend an Act creating a new charter for the City of Plains, in the County of Sumter, approved April 7, 1976 (Ga. L. 1976, p. 4161), so as to provide for a Municipal Court in lieu of the Mayor's Court; to provide for overlapping terms of the Mayor and Council; 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. An Act creating a new charter for the City of Plains, in the County of Sumter, approved April 7, 1976 (Ga.

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L. 1976, p. 4161), is hereby amended by striking the words, Mayor's Court from section 1.12(32); section 3.12 and Article IV specifically and generally throughout said Act wherever such words appear and, inserting in lieu thereof the words, Municipal Court, and by striking section 4.11 in its entirety and substituting in lieu thereof a new section 4.11, to read as follows: Section 4.11. The Council shall appoint the Judge of the Municipal Court who 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 on the minutes of the Council. Section 2. Said Act is further amended by striking section 5.10 in its entirety and substituting in lieu thereof a new section 5.10, to read as follows: Section 5.10. On the first Monday in December, 1978, there shall be an election for a Mayor and four Councilmen. The two Councilmen receiving the greatest number of votes cast for Council seats shall serve for two-year terms with the remaining two Councilmen to serve one-year terms. Thereafter, the Mayor and two Councilmen shall be elected on the first Monday in December in even-numbered years and two Councilmen elected on the same date in odd-numbered years so that a continuing body is created. 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.

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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 1977 regular session of the General Assembly of Georgia, a bill to amend the Charter of the City of Plains in the following respects: to provide for over-lapping terms of the Mayor and Council; to provide for the appointment of the Judge of the Municipal Court of the City of Plains; and for other purposes. This 8th day of January, 1977. William J. Murray, Representative-elect, 116th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, authorized to administer oaths, William Murray 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: January 8, 14 and 21, 1977. /s/ William Murray Representative, 116th District. Sworn to and subscribed before me, this 17th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at large. My Commission Expires Dec. 18, 1980. (Seal). Approved March 23, 1977.

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CITY OF MOUNTAIN PARK GRANTED CONDEMNATION POWERS, ETC. No. 472 (House Bill No. 932). An Act to amend an Act incorporating the City of Mountain Park, approved July 13, 1927 (Ga. L. 1927, p. 1418), as amended, so as to provide for the power of condemnation and for certain other powers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Mountain Park, approved July 13, 1927 (Ga. L. 1927, p. 1418), as amended, is hereby amended by adding immediately following section 2 a new section 2A, to read as follows: Section 2A. In addition to any other powers provided by this Charter, the City of Mountain Park shall have the power to condemn property, inside or outside the corporate limits of the city, but if outside, only within the counties wherein said city lies, 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, including but not limited to the acquisition, construction, operation, distribution, sale and disposal of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, electrical power system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law; and the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city. Section 2. This Act shall become effective April 1, 1977.

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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 1977 Session of the General Assembly of Georgia a bill to amend the City Charter of Mountain Park so as to provide for the power of condemnation, and for other purposes. This 17 day of December, 1976. Tom Roberts City Councilman. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert A. Irvin who, on oath, deposes and says that he/she is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: Dec. 20, 27, 1976 and Jan. 3, 1977. /s/ Robert A. Irvin Representative, 23rd District. Sworn to and subscribed before me, this 17th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977.

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CHATHAM COUNTY STATE COURTFILLING OF JUDICIAL VACANCIES PROVIDED FOR. No. 473 (House Bill No. 933). 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 the filling of vacancies in the office of Judge of the State Court of Chatham County; to provide for practices and procedures in connection therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, is hereby amended by adding, following section 2A, a new section 2B, to read as follows: Section 2B. Any other provision of this Act or any other law to the contrary notwithstanding, every vacancy which occurs in the office of Judge of the State Court of Chatham County on or after May 1, 1977, occasioned by death, resignation, or other causes, shall be filled by appointment by the Governor until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced in the regular session of the General Assembly a bill to amend an Act creating the State Court of Chatham County approved December, 1819 Ga. L. 1819, p. 16 as amended, and for other purposes This the 15 day of January, 1977. James W. Head Judge State Court Chatham County.

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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: January 22, 29 and February 5, 1977. /s/ Tom Taggart Representative, 125th District. Sworn to and subscribed before me, this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 17, 1980. (Seal). Approved March 23, 1977. DOOLY COUNTY SMALL CLAIMS COURTJURISDICTION CHANGED, ETC. No. 474 (House Bill No. 939). An Act to amend an Act creating a Small Claims Court in Dooly County, approved March 21, 1968 (Ga. L. 1968, p. 2429), so as to change the jurisdiction of said court; to change the provisions relative to costs and fees; to provide for the appointment of bailiffs and their powers and duties; 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 Dooly

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County, approved March 21, 1968 (Ga. L. 1968, p. 2429), is hereby amended by striking from section 1 the following: four hundred ($400.00) dollars, and inserting in lieu thereof the following: one thousand ($1,000.00) dollars, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created the Small Claims Court of Dooly County. Said court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed one thousand ($1,000.00) dollars, 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, shall include powers granted to justices of the peace by the laws of the State of Georgia. 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. The plaintiff, when he files his claim, shall deposit with the court the sum of ten ($10.00) dollars, which shall cover all costs of the proceeding except of service of the notice other than by certified mail and as hereinafter provided, and the deposit of costs in cases of attachment, garnishment or trover shall be ten ($10.00) dollars. 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 and deposits. Section 3. Said Act is further amended by adding a new

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section to be known as section 11A to read as follows: Section 11A. 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 the 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 sales and account therefor in the manner of lawful constables. Within five days of their appointment, such bailiffs shall take and subscribe to the oath of office prescribed in Code section 24-804. 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 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Dooly County, providing for the jurisdiction, practice, pleading and personnel of said court, and providing for the procedures connected therewith, approved March 21, 1968 (Ga. L. 1968, p. 2429); and for other purposes. This 29th day of Jan., 1977. Howard H. Rainey Representative, 135th District.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News Observer which is the official organ of Dooly County, on the following dates: Feb. 2, 9, and 16, 1977. /s/ Howard Rainey Representative, 135th District. Sworn to and subscribed before me, this 17th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977. WILCOX COUNTYSHERIFF'S COMPENSATION CHANGED. No. 475 (House Bill No. 943). An Act to amend an Act placing the Sheriff of Wilcox County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2202), as amended, so as to change the compensation of the Sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Wilcox County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2202), as amended, is hereby amended by striking

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section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The Sheriff shall receive an annual salary of $14,000.00 which shall be paid in equal monthly installments from the funds of Wilcox 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent. I will introduce at the 1977 General Assembly a bill regarding the Sheriff Office in Wilcox County effecting the Sheriff Salary. 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 Cordele Dispatch which is the official organ of Wilcox County, on the following dates: January 27, February 3 and 10, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3660

WILCOX COUNTYCOMMISSIONERS' COMPENSATION CHANGED. No. 476 (House Bill No. 944). An Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3189), so as to change the compensation of the commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3189), 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) Each member of the Board of Commissioners shall receive as his compensation as such the sum of $100.00 per month which shall be paid from the funds of Wilcox County. The Board of Commissioners, by ordinance or resolution duly adopted by the Board, shall be authorized to provide additional compensation payable from county funds for the Chairman of the Board of Commissioners. (b) Three of said commissioners shall constitute a quorum and must concur to pass any order for any contract or to pledge the county's credit or to grant or allow any claim or charge against the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3661

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1977 regular session of the General Assembly, a bill relative to the office of County Commissioners of Wilcox County and for other purposes. 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 Cordele Dispatch which is the official organ of Wilcox County, on the following dates: January 6, 13 and 20, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WILCOX COUNTYPROVISIONS RELATING TO COMMISSIONERS' COMPENSATION CHANGED. No. 477 (House Bill No. 945). An Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3189), so as to

Page 3662

change the provisions relative to the compensation of the members of said Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3189), is hereby amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. (a) Three members of the Board of Commissioners shall constitute a quorum and must concur to pass any order for any contract, or pledge of the county's credit, grant or allow any claim or charge against said county. (b) Each member of the Board of Commissioners shall be compensated in the amount of $100.00 per month from the funds of Wilcox County. The Board of Commissioners may prescribe by ordinance an expense allowance for the Chairman of the Board which shall be paid from the funds of Wilcox 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 1977 regular session of the General Assembly a bill relative to the office of County Commissioners of Wilcox County and for other purposes. 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

Page 3663

to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Wilcox County, on the following dates: January 6, 13 and 20, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BLECKLEY COUNTYPROBATE COURT JUDGE'S AND CLERK'S COMPENSATION CHANGED. No. 478 (House Bill No. 946). An Act to amend an Act fixing the salaries of certain county officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Bleckley County and the clerk 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 fixing the salaries of certain county officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), 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. (a) The Judge of the Probate Court of

Page 3664

Bleckley County shall receive an annual salary of $12,000.00 which shall be paid in equal monthly installments from the funds of Bleckley County. (b) The salary provided for the Judge of the Probate Court by subsection (a) of this section shall be in lieu of all fees, and all fees collected by said officer shall be paid into the treasury of Bleckley County. (c) The Judge of the Probate Court may employ a clerk who shall be paid from county funds. Such clerk's compensation shall be determined by the Judge of the Probate Court, but in no event shall such compensation exceed $5,800.00 per annum, unless the governing authority of Bleckley County approves any increase above said amount. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill concerning the office of Probate Court in Bleckley County affecting the salaries of help of said office. 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

Page 3665

Cochran Journal which is the official organ of Bleckley County, on the following dates: January 19, 26, and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn and and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BLECKLEY COUNTYPROVISIONS RELATIVE TO SUPERIOR COURT CLERK AND ASSISTANT'S COMPENSATION CHANGED. No. 479 (House Bill No. 947). An Act to amend an Act placing the Clerk of the Superior Court of Bleckley County upon an annual salary, approved April 3, 1969 (Ga. L. 1969, p. 3312), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4384), so as to change the provisions relative to the compensation of said officer and his clerical assistant; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Bleckley County upon an annual salary, approved April 3, 1969 (Ga. L. 1969, p. 3312), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4384), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows:

Page 3666

Section 3. (a) The clerk of the superior court shall receive an annual salary of $12,000.00 payable in equal monthly installments from the funds of Bleckley County. (b) The clerk of the superior court may employ a clerical assistant who shall be paid from county funds. Such assistant's compensation shall be determined by the clerk, but in no event shall such compensation exceed $5,800.00 per annum, unless the governing authority of Bleckley County approves any increase above said amount. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill affecting the salary of the clerk of Superior Court of Bleckley County. Ben Jessup Representative, 117th District Notice of Intent to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill concerning the office of Clerk's help in Bleckley County affecting the salaries of said office. Ben Jessup Representative, 117th District Notice of Intent to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill

Page 3667

affecting the salary of the Clerk of Superior Court of Bleckley County. Ben Jessup Representative, 119th 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 19, 26, and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BLECKLEY COUNTYCOMPENSATION OF SHERIFF AND DEPUTIES CHANGED. No. 480 (House Bill No. 948). An Act to amend an Act placing the Sheriff of Bleckley County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2568), as amended, so as to change the provisions relative to the compensation of the Sheriff and

Page 3668

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 Bleckley County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, 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. (a) The Sheriff of Bleckley County shall receive an annual salary of $15,000.00 which shall be paid in equal monthly installments from the funds of Bleckley County. (b) The compensation provided for the Sheriff by subsection (a) of this section shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the Sheriff, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. (a) The Sheriff shall have the authority to appoint two deputies. The chief deputy shall be compensated in an amount not exceeding $9,100.00 per annum and the other deputy shall receive a salary not exceeding $6,760.00 per annum. The amount of the compensation of such deputies shall be fixed by the Sheriff within the above limitations, but any increase above such amounts shall be approved by the governing authority of Bleckley County. The compensation of such deputies shall be paid in equal monthly installments from the funds of Bleckley County. (b) It shall be within the sole power and authority of the Sheriff, during his respective term of office, to designate

Page 3669

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 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill concerning the office of Sheriff and Deputies in Bleckley County affecting the salaries of said office. 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 19, 26, and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3670

BLECKLEY COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED, ETC. No. 481 (House Bill No. 949). An Act to amend an Act creating the office of Tax Commissioner of Bleckley County, approved April 23, 1969 (Ga. L. 1969, p. 3304), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4375), so as to change the provisions relative to the compensation of the tax commissioner and the employees 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 creating the office of Tax Commissioner of Bleckley County, approved April 23, 1969 (Ga. L. 1969, p. 3304), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4375), 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) In addition to the minimum salary provided by an Act providing a schedule of minimum salaries for tax collectors and tax commissioners of the various counties of Georgia, approved March 31, 1976 (Ga. L. 1976, p. 988), as now or hereafter amended, the Tax Commissioner of Bleckley County shall receive 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 as agents of the State Revenue Commissioner and those commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest as provided by an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. (b) The tax commissioner may employ two clerks who shall be paid from county funds. Such clerks' compensation shall be determined by the tax commissioner, but in no

Page 3671

event shall such compensation exceed $5,800.00 per annum for each clerk unless the governing authority of Bleckley County approves any increase above said amount. 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. Except as otherwise provided by subsection (a) of section 3 of this Act, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Bleckley County. On or before the 15th of each month, the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him in the preceding month with a detailed itemized statement showing the sources from which such funds were collected. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill concerning the office of Tax Commissioner's help in Bleckley County affecting the salaries of said office. Ben Jessup Representative, 117th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on

Page 3672

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 19, 26, and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn and and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF HAWKINSVILLE CHARTER AMENDEDTAX PROVISIONS CHANGED. No. 482 (House Bill No. 951). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, so as to change the provisions relative to taxation by said City; to provide for for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, is hereby amended by striking section 36 in its entirety and substituting in lieu thereof a new section 36 to read as follows:

Page 3673

Section 36. (a) All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Hawkinsville. The City Commission 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. (b) The City Commission shall be authorized to levy an ad valorem tax, at such rate as the City Commission deems necessary, on all real and personal property within the corporate limits of the City of Hawkinsville 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 City Commission in its discretion. The City Commission is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Hawkinsville is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive. 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 1977 session of the General Assembly of Georgia a bill to amend an act entitled An act to create a new charter for the City of Hawkinsville, to revise, consolidate and amend the several acts pertaining there to, and for other purposes, approved December 18, 1902, and particularly section 36 thereof (Ga. L. 1902, pp. 446, 457), so as to change the authority and power of the City of Hawkinsville to levy and collect ad valorem taxes on real and personal property, and to repeal conflicting laws. Ben Jessup Representative, 117th District

Page 3674

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 Hawkinsville Dispatch News which is the official organ of Pulaski County, on the following dates: January 26, Feburary 2 and 9, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. PULASKI COUNTYCOMMISSIONER'S COMPENSATION CHANGED. No. 483 (House Bill No. 952). An Act to amend an Act creating the office of Commissioner of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved April 19, 1973 (Ga. L. 1973, p. 3857), so as to change the provisions relative to the compensation of said Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved April 19, 1973 (Ga. L. 1973, p. 3857), is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows:

Page 3675

Section 5. The Commissioner shall be compensated by an annual salary of $15,000.00 to be paid in equal monthly installments from the funds of Pulaski 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. In intend to introduce at the 1977 Legislative Session a bill concerning the office of County Commissioner in Pulaski County affecting the salaries of said office. 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 Reppresentative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch News which is the official organ of Pulaski County, on the following dates: January 19, 26 and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3676

PULASKI COUNTYTAX COMMISSIONER'S AND DEPUTY'S COMPENSATION CHANGED. No. 484 (House Bill No. 953). An Act to amend an Act creating the office of Tax Commissioner of Pulaski County, approved April 12, 1963 (Ga. L. 1963, p. 3436), as amended, so as to change the provisions relating to the compensation of said officer and his 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 creating the office of Tax Commissioner of Pulaski County, approved April 12, 1963 (Ga. L. 1963, p. 3436), as amended, is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) The Tax Commissioner shall receive for his services as such an annual salary of $15,000.00, payable monthly from the funds of Pulaski County. (b) All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the Tax Commissioner of Pulaski County shall be received, collected and held by him as public funds belonging to Pulaski County. Once each month the Tax Commissioner shall turn over to the fiscal authority of said county said funds with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided for herein for the Tax Commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions received pursuant to an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, and those commissions provided for in an Act relating to the commission of taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved

Page 3677

January 17, 1938 (Ga. 1937-38, Ex. Sess., p. 297), as amended. Section 2. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The Tax Commissioner is authorized to appoint a deputy to assist him in the performance of his duties, and such deputy shall be compensated by an annual salary payable in equal monthly installments from the funds of Pulaski County. With the approval of the governing authority of Pulaski County, the Tax Commissioner may fix the compensation of said deputy, but in no event shall the annual salary of said deputy exceed $7,200.00. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill concerning the office of Tax Commissioner and help in Pulaski County affecting the salaries of said office. 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 Hawkinsville Dispatch News which is the official organ of

Page 3678

Pulaski County, on the following dates: January 19, 26 and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. PULASKI COUNTYSHERIFF'S AND DEPUTIES' COMPENSATION CHANGED. No. 485 (House Bill No. 954). An Act to amend an Act placing the Sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, so as to change the compensation of the Sheriff and the provisions relative to 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 Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. (a) The Sheriff of Pulaski County shall be compensated by an annual salary of $15,000.00, to be paid in equal monthly installments from the funds of Pulaski County.

Page 3679

(b) The compensation and allowances provided for in subsection (a) hereof shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the Sheriff, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The Sheriff shall have the authority to appoint a deputy who shall be compensated in the amount of $9,200.00 per annum, payable in equal monthly installments from the funds of Pulaski County; a second deputy who shall be compensated in the amount of $8,400.00 per annum, payable in equal monthly installments from the funds of Pulaski County; and a third deputy who shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments from the funds of Pulaski County; provided, however, that after the first year of receiving such salary and continuing for the next four years, in each of such years the compensation of any one or more of said deputies, at the discretion of the sheriff, may be increased by not more than five percent. It shall be within the sole power and authority of the Sheriff, during his respective term of office, to designate, name and appoint the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace the deputies at will and within his sole discretion. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3680

Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill concerning the office of Sheriff and help in Pulaski County affecting the salaries of said office. 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 Hawkinsville Dispatch News which is the official organ of Pulaski County, on the following dates: January 19, 26 and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. PULASKI COUNTY SUPERIOR COURT CLERK'S COMPENSATION CHANGED, ETC. No. 486 (House Bill No. 955). An Act to amend an Act placing the Clerk of the Superior Court of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2523), as amended, so as

Page 3681

to change the provisions relative to the compensation of said officer and his assistant; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2523), as amended, is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. (a) The Clerk of the Superior Court of Pulaski County shall be compensated by an annual salary of $15,000.00 to be paid in equal monthly installments from the funds of Pulaski County. (b) The compensation provided by subsection (a) hereof shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of whatever kind heretofore allowed as compensation to the Clerk, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2, to read as follows: Section 2. The Clerk shall have the authority to appoint either a deputy or clerical assistant who shall be compensated by an annual salary, to be paid in equal monthly installments from the funds of Pulaski County. With the approval of the governing authority of Pulaski County, the amount of said salary shall be determined by the Clerk, but in no event shall said salary exceed $7,200.00 per annum. It shall be within the sole power and authority of the Clerk, during his respective term of office, to designate and name the person who shall be employed as his deputy or clerical assistant, and to prescribe his duties and assignments

Page 3682

and to remove or replace said person at will and within his sole discretion. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill concerning the office of Clerk of Court and help in Pulaski County affecting the salaries of said office and help. Ben Jessup Representative, 117th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, dulty 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 Hawkinsville Dispatch News which is the official organ of Pulaski County, on the following dates: January 19, 26 and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3683

PULASKI COUNTYPROBATE JUDGE AND ASSISTANTSCOMPENSATION CHANGED. No. 487 (House Bill No. 956). An Act to amend an Act placing the Judge of the Probate Court of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2483), as amended, so as to change the provisions relative to the compensation of said officer and his assistants; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2483), as amended, is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. (a) The Judge of the Probate Court of Pulaski County shall be compensated by an annual salary of $15,000.00 to be paid in equal monthly installments from the funds of Pulaski County. (b) The compensation provided for in subsection (a) hereof shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of whatever kind heretofore allowed as compensation to the Judge of the Probate Court, regardless of in what capacity services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which said officer has been paid during his tenure of office. Section 2. Said Act is further amended by striking section 1A in its entirety. Section 3. Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3, to read as follows: Section 3. The Judge of the Probate Court shall have authority to appoint either a deputy or clerical assistant who shall be compensated by an annual salary to be paid in

Page 3684

equal monthly installments from the funds of Pulaski County. With the approval of the governing authority of Pulaski County, the Judge of the Probate Court shall fix the annual salary of such employee, but in no event shall such salary exceed $7,200.00 per annum. 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. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a bill concerning the office of Probate Court and help in Pulaski County affecting the salaries of said office. Ben Jessup Representative, 117th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, dulty 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 Hawkinsville Dispatch News which is the official organ of Pulaski County, on the following dates: January 19, 26 and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3685

WHITE COUNTY TAX COMMISSIONERCOMPENSATION; INCOME AND EXPENSES OF OFFICE CHANGED, ETC. No. 488 (House Bill No. 957). An Act to amend an Act abolishing the offices of tax collector and tax receiver of White County and creating the office of tax commissioner of said county, approved February 23, 1945 (Ga. L. 1945, p. 720), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1163), so as to set the compensation paid to the tax commissioner; to provide for the disposition of all fees, costs, commissions and other perquisites collected by the tax commissioner; to provide additional employees and their compensation; to clarify existing laws; to provide 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 collector and tax receiver of White County and creating the office of tax commissioner of said county, approved February 23, 1945 (Ga. L. 1945, p. 720), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1163), 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. Except as otherwise provided in section 5 of this Act, the Tax Commissioner of White County shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 10th day of each month next following the month in which they were collected or received.

Page 3686

Section 2. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. (a) The Tax Commissioner of White County shall be compensated in the amount of $3,000 per annum to be paid in equal monthly installments from the funds of White County, supplementary to any compensation paid in the form of fees and commissions by the State Department of Revenue and supplementary to the fees and commissions provided for in subsection (b) of this section. (b) In addition to the compensation provided for in subsection (a) of this section, the Tax Commissioner shall also receive as compensation the fees authorized by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, for services performed in the capacity of an agent of the State Revenue Commissioner in selling motor vehicle license plates and the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, as authorized by an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. (c) The Tax Commissioner shall be authorized to employ such assistants as are necessary to assist him in the performance of his duties. The compensation of such assistants shall be upon the approval of the governing authority of White County and shall be paid from the funds of White County. (d) The governing authority of White County, upon the approval of such expenses, shall furnish the necessary office supplies, material and expenses for utilities for the office of Tax Commissioner. Section 3. This Act shall become effective on May 1, 1977. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3687

Notice of Intention to Introduce Local Legislative. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to set the compensation paid to the Tax Commissioner of White County, Georgia, whether it be salary, fees or commissions; to provide for the disposition of all fees, costs, commissions and other perquisites collected by the tax commissioner; to provide for additional employees and their compensation; to clarify existing laws; to repeal conflicting laws; to provide an effective date; and for other purposes. This 21st day of December, 1976. William J. Dover Representative, 11th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Dover who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County, on the following dates: December 30, 1976, January 6, 13, 1977. /s/ Bill Dover Representative, 11th District Sworn to and subscribed before me, this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3688

CITY OF PALMETTO CHARTER AMENDEDELECTION PROVISIONS CHANGED. No. 489 (House Bill No. 959). An Act to amend an Act establishing a new Charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771, et seq.) and amendments thereto, so as to provide for a change of election dates; to provide that all municipal elections for the City of Palmetto shall be governed by the Municipal Election Code for the State of Georgia; to provide that all officials shall be elected by a majority vote; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new Charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771, et seq.), as amended, is hereby amended by striking section 7.1 of Article 3 in its entirety and substituting in lieu thereof a new section 7.1 of Article 3, to read as follows: Section 7.1. Regular Elections, Times for Holding.The regular election for mayor and councilmen, or councilman, shall be held on the third Saturday in November of each year. Officials elected at any regular election shall take office on the first of January next following such election. Section 2. An Act to amend an Act establishing a new Charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771, et seq.), as amended, is hereby amended by striking sections 8.1 through 12.1 of Article 3 in their entirety and substituting in lieu thereof a new section 8.1 and 9.1 of Article 3, to read as follows: Section 8.1. Municipal Elections.All Municipal elections for the City of Palmetto shall be governed and regulated by the provisions of the Georgia Municipal Election Code (Ga. L. 1968, pp. 885, 887, as amended) as they now exist or in the future may be amended.

Page 3689

Section 9.1. Majority Vote Required.No candidate shall be elected Mayor or Council member unless such candidate shall have received a majority of the votes cast to fill the position for which he has offered. Section 3. All laws 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 1977 session of the General Assembly of Georgia, convening in January, 1977, to amend the Charter of the City of Palmetto, Georgia (Ga. L. 1966, p. 2271, et. seq.) to provide for a change of election dates, to provide that all Municipal Elections for the City of Palmetto shall be governed by the Municipal Election Code for the State of Georgia, and to provide that all officials shall be elected by a majority vote, and for other purposes. This 24th day of January, 1977. Glaze, Glaze, McNally Glaze Kirby A. Glaze City Attorneys of Palmetto, Georgia 120 N. McDonough St. Jonesboro, Ga. 30236 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virlyn B. Smith, Sr. who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ

Page 3690

of Fulton County, on the following dates: January 27, February 3, and 10, 1977. /s/ Virlyn B. Smith Representative, 42nd District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. COBB COUNTY STATE COURTJUDGES' COMPENSATION CHANGED. No. 490 (House Bill No. 961). An Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3637), so as to change the compensation of the judges of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3637), is hereby amended by striking in section 23, the following: The salary of the judges of the State Court of Cobb County shall be $28,500.00 per annum, payable in equal monthly installments from the funds of Cobb County.,

Page 3691

and substituting in lieu thereof, the following: The salary of the judges of the State Court of Cobb County shall be $32,500.00 per annum, payable in equal monthly installments from the funds of Cobb 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. Section 3. All laws and parts of laws in conflict 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the Civic and Criminal Court of Cobb County, approved March 28, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on

Page 3692

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: December 24, 31, 1976 and January 7, 1977. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CLAYTON COUNTY STATE COURTSOLICITOR'S COMPENSATION CHANGED. No. 491 (House Bill No. 965). An Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2799), so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2799), is hereby amended by striking the

Page 3693

words, symbols and figure, ten thousand nine hundred dollars ($10,900.00), in section 6 in their entirety and inserting in lieu thereof the words, symbols and figure, twelve thousand five hundred dollars ($12,500.00), so that when so amended section 6 shall read as follows: Section 6. Salary of Solicitor. The salary of the solicitor of said court shall be twelve thousand five hundred dollars ($12,500.00) per annum, and shall be paid monthly by the Board of Commissioners of Clayton County, Georgia, out of the general funds of Clayton County. The solicitor of said court shall, as such, receive no other compensation, and shall not practice criminal law in any court of courts in Clayton County, Georgia. Section 2. This Act shall become effective July 1, 1977. 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: February 1, 8 and 15, 1977. /s/ Jim Wood, Publisher Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended so as to change the compensation of the solicitor of said court; and for other purposes. This 18th day of January, 1977. Rudolph Johnson Representative, 72nd District
Page 3694

William J. Lee Representative, 72nd District Jimmy Benefield Representative, 72nd District Jim Wood Representative, 72nd District Virginia Shapard Senator, 28th District Terrell A. Starr Senator 44th District Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission Expires Sept. 26, 1978. (Seal). Approved March 23, 1977. COBB COUNTY BOARD OF COMMISSIONERS' COMPENSATION CHANGED. No. 492 (House Bill No. 967). An Act to amend an Act creating a Board of Commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3150), so as to change the compensation of the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3695

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3150), is hereby amended by striking from section 8 the following: five thousand four hundred ($5,400.00) dollars, and substituting in lieu thereof the following: $7,200, and by striking therefrom the following: twenty-five thousand ($25,000.00) dollars, and substituting in lieu thereof the following: $34,600, so that when so amended section 8 shall read as follows: Section 8. Compensation. Commissioners, other than the chairman, shall be paid as their entire compensation for services as same, the sum of $7,200 per annum, payable monthly to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of $34,600 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation from all sources to which said chairman or either commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the

Page 3696

January-February 1977 Session of the General Assembly of Georgia, a bill to amend an act creating a Board of Commissioners of Roads and Revenue for Cobb County, Georgia approved June 19, 1964, (Ga. L. 1964, Ex. Sess., p. 2075), and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson who, on oath, deposes and says that he is Representative from the 19/1 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: Dec. 24, 31, 1976 Jan. 7, 1977. /s/ Joe Mack Wilson Representative, 19/1 District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977.

Page 3697

BOARD OF EDUCATION OF THE CITY OF MARIETTACOMPENSATION CHANGED. No. 493 (House Bill No. 974). An Act to amend an Act creating a system of public schools for the City of Marietta, in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2590), so as to provide for the compensation of the members of the Board of Education of the City of Marietta; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a system of public schools for the City of Marietta, in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2590), is hereby amended by striking from section III thereof the last sentence, which reads as follows: The members of said board shall receive no compensation., and inserting in lieu thereof the following: The members of said Board shall be paid such compensation out of the budget of the Board of Education revenues as is set by the Mayor and Council of the City of Marietta., so that when so amended said section III shall read as follows: Section III. Said Board of Education shall be a body politic and shall be known as the Board of Education of the city of Marietta; shall be capable of suing and being sued as such; they are empowered to enact such by-laws, rules and regulations, not inconsistent with the laws of this State or the United States, for the government of themselves, the superintendent, teachers and pupils of said schools, as they may deem proper. They may hold any property, real or personal, that they may acquire by purchase, donations or

Page 3698

otherwise. They shall elect from their body a president who shall exercise such powers and perform such duties as the board may prescribe. They shall also elect from the citizens of said city, but not from their body, a secretary and treasurer, who shall hold their offices for two years, unless sooner removed. They shall pay said secretary and treasurer such salaries as they may deem just, not exceeding fifty dollars each per annum. Said treasurer shall give bond in such amount as said board shall determine sufficient, with good and sufficient security, to be approved by said board, and payable to said board for the faithful discharge of his duties and the safe keeping and disbursement of all moneys, bonds and matters entrusted to his care. Said bonds shall be recorded on the minutes of said board. The board may remove the secretary or treasurer for cause, and they may fill any vacancy in either of said offices at any time. The members of said Board shall be paid such compensation out of the budget of the Board of Education revenues as is set by the Mayor and Council of the City of Marietta. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the January-February 1977 session of the General Assembly of Georgia, a bill to amend an Act creating Public Schools for Marietta, Georgia (Ga. L. 1890, p. 1014) and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators
Page 3699

A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 24, 31, 1976 and January 7, 1977. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. COFFEE COUNTYCOMPENSATION OF CERTAIN OFFICERS, ETC., CONTINUED. No. 494 (House Bill No. 977). An Act to amend an Act placing certain county officers of Coffee County upon an annual salary, approved February 26, 1965 (Ga. L. 1965, p. 2087), as amended, particularly

Page 3700

by an Act approved March 27, 1972 (Ga. L. 1972, p. 2508), so as to provide that the officers and personnel covered by said Act shall continue to receive the compensation they were receiving on January 1, 1977, until such time as said compensation shall be changed by the Board of Commissioners of Coffee County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain county officers of Coffee County upon an annual salary, approved February 26, 1965 (Ga. L. 1965, p. 2087), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2508), is hereby amended by striking in its entirety section 13A and substituting in lieu thereof the following: Section 13A. The officers and personnel provided for in this Act shall continue to receive the compensation they were receiving on January 1, 1977, until such time as said compensation shall be changed by the Board of Commissioners of Coffee 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 1977 session of the General Assembly of Georgia, a bill to amend an Act placing certain county officers of Coffee County upon an annual salary, so as to provide that the officers and personnel covered by said Act shall continue to receive the compensation they were receiving on January 1, 1977, until such time as said compensation shall be changed by the Board of Commissioners of Coffee County; and for other purposes. This 28th day of January, 1977. Paul W. Foster Representative, 152nd District

Page 3701

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coffee County Progress which is the official organ of Coffee County, on the following dates: February 2, 9 and 16, 1977. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. RICHMOND COUNTYCOMPENSATION AND ORGANIZATION OF CERTAIN EMPLOYEES SET. No. 495 (House Bill No. 978). An Act to provide for the manner and procedures for determining the compensation and table of organization of the sheriff's department, deputy sheriffs and clerks of the elected officials of Richmond County, Georgia; to provide that the number of employees of the sheriff's department, deputy sheriffs and clerks shall be fixed by the General Assembly; to provide that the governing authority of Richmond County shall have the authority to provide pension and retirement benefits and plans for all employees, deputy sheriffs and clerks of the elected officials of Richmond County; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3702

Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Richmond County, Georgia, shall have the authority to set the table of organization and compensation of the sheriff's department, deputy sheriffs and clerks of the elected officials of Richmond County, Georgia, and to provide compensation and increases in compensation for said employees, deputy sheriffs and clerks under the elected officials of Richmond County, Georgia, provided however, that the number of employees of the sheriff's department, deputy sheriffs and clerks of the elected officials of Richmond County, Georgia, shall be fixed by the General Assembly. Said governing authority shall provide compensation and increases in compensation on a uniform basis in relation to the classification and wage and salary structure for employees under the governing authority of Richmond County, Georgia. Section 2. The governing authority of Richmond County shall have the authority to establish and maintain retirement or pension systems, insurance, workmen's compensation and hospitalization benefits for employees under the elected officials of Richmond County, Georgia. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given there will be introduced in the regular 1977 Session of the General Assembly of Georgia a Bill to provide the manner and procedures for determining the compensation and number of employees, deputy sheriffs and clerks for the elected officials of Richmond County, Georgia; to provide that the governing authority of Richmond County shall have the authority to provide pension and retirement benefits and plans for all employees, deputy

Page 3703

sheriffs and clerks of the elected officials of Richmond County; to provide provisions regulating political activity of employees, deputy sheriffs and clerks of the elected officials of Richmond County; to provide for an effective date; to repeal conflicting laws, and for other purposes. This 12th day of January, 1977. Robert C. Daniel, Jr. County Attorney for Richmond County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: Jan. 14, 21, and 28, 1977. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF LUMPKINNEW CHARTER. No. 496 (House Bill No. 979). An Act to create a new charter for the City of Lumpkin; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide

Page 3704

for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes; to provide for the administrative affairs of the city; to create a municipal court and provide for the jurisdiction, practice, procedure, judge and personnel thereof; to provide for the recall of the mayor and council members; to provide for bonds; to provide for the sale of city property; to provide for eminent domain; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION, POWERS Section 1.1. Name. This Act shall constitute the charter of the City of Lumpkin. The city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of City of Lumpkin, Georgia, and by that name shall have perpetual succession. Section 1.2. Corporate boundaries. (a) The corporate limits of the City of Lumpkin shall be those existing on January 1, 1977, which limits are as particularly described in Acts of the General Assembly of Georgia as follows, to wit: Georgia Laws of 1902, p. 489, SEC.II: That the corporate limits of said town shall embrace one square mile, the court house being the center. Georgia Laws of 1960, p. 2311, SEC. 2A. In addition to the above, the corporate limits of the City of Lumpkin, County of Stewart, shall extend to and embrace all that tract or parcel lying and being in the 23rd land district of Stewart County, Georgia, and lying and being adjacent to the western

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boundary of the City of Lumpkin, and more particularly described as follows: Beginning at the intersection of State highway #27 and the western corporate limits of the City of Lumpkin, thence north along the said limits for 200 feet; thence west 650 feet, thence south to the southern extreme of the right of way of said highway, thence west along said right of way to a hedgerow and fence and the western extreme of real estate known as Skyline Estates, thence south along Skyline Estates, a fence and hedgerow for 995 feet to a road, thence east along said road to the present western limits of the City of Lumpkin, thence north along said western limits to the point of beginning. Georgia Laws of 1961, p. 2485, SEC. 2B. In addition to the above, the corporate limits of the City of Lumpkin, County of Stewart, shall extend to and embrace on that tract of land beginning at a point at the intersection of the north right-of-way line of State Highway No. 27 (running between Lumpkin, Georgia and Georgetown, Georgia), and the present city limit line thence west 22.8 chains, thence south 15.5 chains, more or less, to the old road bed, thence east to the present city limits and thence north along the line of the present city limits to the point of beginning. Georgia Laws of 1971, p. 3505, SEC. 2C(a): The corporate limits of the City of Lumpkin shall also include the following described territory: All that tract or parcel of land, lying and being in Land Lot No. 114, Land Lot No. 143, Land Lot No. 144, and Land Lot No. 113, 23rd Land District, Stewart County, Georgia, and particularly described as follows: Beginning at the intersection of the Western most city limits line of the City of Lumpkin, and the North margin of State Highway No. 27; thence West along the North margin of said State Highway the following courses and distances, South 66 30[UNK] West, for a distance of 860 feet; thence South 70 48[UNK] West, for a distance of 767.9 feet; thence South 77 12[UNK] West, for a distance of 506 feet; thence South 88 12[UNK] West for a distance of 704.5 feet; thence South 86 35[UNK] West, for a distance of 1041.8 feet; thence due South for a distance of

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150 feet; thence South 3 25[UNK] East for a distance of 1320 feet; thence East, for a distance of 3392 feet; to the run of Wimberly Mill Creek; thence North along the run of Wimberly Mill Creek to the South margin of the right-of-way of State Highway No. 27; thence North 66 30[UNK] East, for a distance of 860 feet along the South margin of said Highway and to the present Western most city limits line of the City of Lumpkin; thence due North along the present city limits line to the point of beginning. (b) The city council may provide for changes in the corporate boundaries by ordinance to reflect lawful changes in the corporate boundaries. Section 1.3. Powers and construction. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.4. 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 shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.1. City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six council members. The mayor and council members

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shall be elected in the manner provided by Article V of this charter. Section 2.2. City council terms and qualification for office. The members of the city 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 council member unless such person shall have been a resident of the city for six months immediately preceding the date of the election of mayor or members of the city council. Each person so elected shall continue to reside within the city during his term of office; and shall be registered and qualified to vote in municipal elections of the city. Section 2.3. General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.4. The mayor; powers and duties. The mayor shall be the chief executive officer of the city and as such shall have the following powers and duties: (a) to preside at all meetings of the city council and be recognized as the official head and spokesman of the city for service of process and ceremonial purposes; (b) to administer and enforce the ordinances, bylaws, resolutions, regulations, rules, orders and acts of the city council; (c) to vote on matters before the city council only in case of a tie, or if his vote is necessary to constitute a sufficient number to transact business; (d) to sign, for and on behalf of the city, all contracts, ordinances, instruments and other documents authorized by the city council and which are required to be in writing, unless otherwise directed or authorized by the city council; (e) to control the law enforcement agency of the city and

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other special officers appointed by the city council for any purpose; (f) to fulfill such other executive and administrative duties as authorized or directed by the city council. Section 2.5. Mayor pro tem. At the organization meeting the city council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the city council of the mayor's disability or absence. Section 2.6. Acting mayor. In the event of the absence, disability or disqualification of both the mayor and mayor pro tem, the remaining members of the city council shall elect an acting mayor from their number, to preside and who shall have all the powers of the mayor during the absence, disability or disqualification of the mayor and mayor pro tem. Section 2.7. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.8. Organization meeting. The city council shall meet for organization at the first regular meeting following each municipal general election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.9. Regular and special meetings. (a) The city

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council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three (3) members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two (2) council members and promptly adopt an emergency ordinance, but such ordinance 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 for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form 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) council members 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 emeregency 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.

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Section 2.10. Rules of procedure. The city council shall adopt 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 2.11. Quorum; voting. The mayor, or the mayor pro tem, or the acting mayor, and three (3) council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of three (3) council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.12. Ordinance form; procedure. (a) Every proposed ordinance 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 Lumpkin hereby ordains..., and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in section 2.9 (c). Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each council member before the same is adopted and at the same time shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.13. Action requiring an ordinance. In addition to other acts required by general State law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance.

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Section 2.14. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of section 2.12 (b) for distribution and filling 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 2.15. Section 2.15. 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 city council. (b) The city 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 city council by ordinance and shall be published promptly, together with all 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 Lumpkin, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter 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 city council shall make such further arrangements

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as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.16. Inquiries and investigations. The city 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 city council shall be punished as provided by ordinance. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.1. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of the city. (b) In addition to their elective duties, individual council members may be charged with such administrative duties as the city council may prescribe by ordinance or resolution, provided such duties do not conflict with general State law. (c) All appointive offices and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.2. Boards, commissions, authorities. Except as otherwise provided by this charter or general State law, the city council shall create by ordinance such boards, commissions, authorities, and other bodies to fulfill any investigative, quasi-judicial, or quasi-legislative function the council shall prescribe. The council shall prescribe the composition, period of existence, duties, powers, compensation,

Page 3713

structure, and all other matters in connection with the operations of such boards, commissions and authorities. ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation of municipal court; name. There shall be a court to be known as the Municipal Court of the City of Lumpkin. Section 4.2. Judge; court personnel. (a) The mayor, or in the mayor's absence or disqualification, the mayor pro tem, shall be the judge of the mayor's court; provided, however, the city council may provide by ordinance for the employment of a judge as now or hereafter provided by the laws of Georgia, and such ordinance shall prescribe the qualifications of such judge, the oath he shall take before assuming office, and such other provisions as may be determined by the city council as appropriate to the appointment and removal of the said judge. (b) The city clerk shall perform the duties of clerk of the municipal court, and, when required, the city attorney shall serve as prosecutor in said court. The city council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court. Section 4.3. Terms; jurisdictions; powers. (a) The municipal court shall convene at regular intervals as provided by ordinance. (b) The municipal court shall try and punish for violations of all city ordinances. (c) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed one hundred dollars ($100.00) or thirty (30) days in jail. (d) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand

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dollars ($1,000.00) or imprisonment for ninety (90) days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares, or other public works for a period not exceeding ninety (90) days. (e) 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. (f) 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 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, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the city, 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. (g) 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. (h) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.

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(i) 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 general State law. (j) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the city granted by general State laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Stewart County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; Provided that any person who fails to file his appeal within 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 4.5. Rules for court. With the approval of the city 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, the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. Section 4.6. Appointment of counsel for indigent. The city council shall provide by ordinance for appointment of counsel for indigents, or others, as now or hereafter required by law, and shall by such ordinance provide for compensation to be paid to counsel so appointed. The judge

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of the municipal court shall appoint counsel in such cases from among the attorneys at law residing in those counties adjoining Stewart County, or from among those attorneys at law who have previously consented to serve as appointed counsel in such court. ARTICLE V ELECTIONS AND REMOVAL Section 5.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.2. Regular elections; time for holding. On the second Wednesday in December of each year of even number there shall be an election for the mayor and three council members; and on the same day in December of each year of odd number there shall be an election for three council members. The persons serving as mayor and aldermen at the time this charter is adopted by the General Assembly shall continue to serve as mayor and council members until their current terms expire. Section 5.3. Vacancies. In the event the office of mayor or of any one or more council members becomes vacant for any reason for cause, the same shall be filled until the next annual election by a person or persons elected by the city council at a regular meeting of said council, and such persons so elected shall serve until their respective successors are elected and qualified. Section 5.4. Removal of officers. The mayor, council members, or others provided for in this charter shall be removed 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;

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(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) knowingly violate any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof which shall include repeated failure to regularly attend council meetings without cause; or (f) failure for any other cause to perform the duties of office as required by this charter or by State law. Section 5.5. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By the vote of two-thirds of the remaining council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Stewart 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 Stewart County as provided by State law. Section 5.6. Recall of mayor or council member. The mayor or any council member shall be subject to recall during his term of office in the following manner: (a) Whenever 25 percent of the electors eligible to participate in the last preceding general city election shall so request in a petition filed in the office of the city clerk, an election shall be called and held on the subject only of the recall and nonrecall of such official. It shall be the duty of

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the municipal election superintendent to examine the names on the petition and check the same with the electors registration list to determine if the required number have signed the said petition. A report shall be submitted to the mayor and council with the petition at the next meeting held more than five days after the filing of such petition, and if the required number of electors have signed the petition, the governing body shall order an election to be held and the same shall be conducted as provided for special elections in the Georgia Municipal Election Code. At said election, the ballots shall be as follows, with the name of such officer and office inserted in the blanks: YES () NO () Shall..... holding the office of..... be recalled? and shall contain such other instructions as considered necessary, and the voter shall indicate thereon which proposition is favored. (b) A meeting of the mayor and council shall be called and held on the day following the date of such election for the purpose of receiving and canvassing the returns of the election and declaring the result thereof. If a majority of those voting in the election vote in favor of the recall of the official, his office shall be declared immediately vacant, and at the next regular meeting the vacancy shall be filled in the manner provided in section 5.3 above, but if a majority of those voting in the election fail to vote in favor of recall, the official shall retain his office and no other recall election shall be held so far as such official is concerned during the remainder of such official's current term of office. Section 5.7. Other provisions . Except as otherwise provided by this charter, the city council shall prescribe, by ordinance, such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended.

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ARTICLE VI REVENUE AND FINANCE Section 6.1. Property tax . The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the city council in its discretion. This city is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104, inclusive. Section 6.2. Millage rate, due dates, payment methods . The city coucil, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.3 Occupation and business taxes . The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent such persons become lawfully taxable by the city. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in section 6.9. Section 6.4. Franchises . The city council shall have the power to grant franchises for the use of the city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar

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organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.5. License; permits; fees . The city council by ordinance shall have the power to require any individuals or corporations who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in section 6.9. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.6. Service charges . The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in section 6.9. Section 6.7. Special assessments . The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in section 6.9.

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Section 6.8. Construction; other taxes . The city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.9. Collection of delinquent taxes and fees . The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under sections 6.1 through 6.8 by whatever reasonable means as are not precluded by general State law. This shall incude providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas., creation and priority of liens; making delinquet taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.10. General obligation bonds . The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue bonds . Revenue bonds may be issued by the city council as State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.12. Short-term notes . The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.13. Sale of city property . (a) The city council may sell and convey any real or personal property owned or

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held by the city for governmental or other purposes as provided by general State law as now or later amended at section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p. 350). (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, 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. ARTICLE VII GENERAL PROVISIONS Section 7.1 Eminent domain . The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.2. 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 city council shall from time to time require or as may be provided by State law. Section 7.3. Prior 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 city council. Section 7.4. Construction . (a) Section captions in this

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charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word council shall mean the city council of the city. (d) The singular shall include the pural and the masculine the feminine and vice versa. Section 7.5. 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 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 7.6. Effective date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.7. Repealer . An Act incorporating the City of Lumpkin in the County of Stewart, approved December 18, 1902 (Ga. L. 1902, p. 489), as amended, is hereby repealed in its entirety. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Lumpkin, Ga.; to provide for all matters relative thereto; and for other purposes. This 1st day of February, 1977. Don Castleberry Representative, 111th District

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Georgia, Fulton County. Personally appeared before the undersigned officer duly authorized to administer oaths, Don Castleberry who on oath deposes and says that he is Representative from the 111th Representative 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 newspaper of Stewart County, on the following dates: February 3, 10 and 17, 1977. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF GEORGETOWNNEW CHARTER. No. 497 (House Bill No. 980). An Act to create a new charter for the City of Georgetown; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes; to provide for the administrative affairs of the city; to create a municipal court and provide for the jurisdiction, practice, procedure, judge and personnel thereof; to provide for the recall of the mayor and council members; to provide for bonds; to provide for the sale of city property; to provide for eminent domain; to provide for construction; to provide

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for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION, POWERS Section 1.1. Name. This Act shall constitute the charter of the City of Georgetown. The city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of City of Georgetown, Georgia, and by that name shall have perpetual succession. Section 1.2. Corporate boundaries. (a) The corporate limits of the City of Georgetown shall be those existing on January 1, 1977, which limits are set forth in Georgia Laws of 1956, p. 2020, and are particularly described as follows: BEGINNING at the point where Tobenanee Creek merges with the eastern boundary line of the State of Alabama, formed by the Chattahoochee River, and running thence east along Tobenannee Creek to the point where said creek crosses the eastern land lot line of Land Lot 293; running thence due north along the eastern land lot lines of Land Lots 293, 292 and 291 to a point where the eastern and northern land lot lines of Land Lot 291 meet, forming the northeast corner of Land Lot 291; running thence due west along the northern land lot lines of Land Lots 291, 318 and 323 to a point where said line meets the eastern boundary line of the State of Alabama; running thence South along the eastern boundary line of the State of Alabama, as formed by the Chattahoochee River, to the point of beginning; so that said Town of Georgetown is bounded on the south by Tobenannee Creek, on the east by the eastern land lot lines of Land Lots 293, 292, and 201, on the north by the northern land lot lines of Land Lots 291, 318 and 323, and on the west by the eastern boundary line of the State of Alabama.

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(b) The city council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries. Section 1.3. Powers and construction. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.4. 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 shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.1. City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and three council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.2. City council terms and qualification for office. The members of the city 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 council member unless he shall have been a resident of the city immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his period of service; and shall be

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registered and qualified to vote in municipal elections of the city. Section 2.3. General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.4. The mayor; powers and duties. The mayor shall be the chief executive officer of the city and as such shall have the following powers and duties: (a) to preside at all meetings of the city council and be recognized as the official head and spokesman of the city for service of process and ceremonial purposes; (b) to administer and enforce the ordinances, bylaws, resolutions, regulations, rules, orders and acts of the city council; (c) to vote on matters before the city council only in case of a tie, or if his vote is necessary to constitute a sufficient number to transact business; (d) to sign, for and on behalf of the city, all contracts, ordinances, instruments and other documents authorized by the city council and which are required to be in writing, unless otherwise directed or authorized by the city council; (e) to control the law enforcement agency of the city and other special officers appointed by the city council for any purpose; (f) to fulfill such other executive and administrative duties as authorized or directed by the city council. Section 2.5. Mayor pro tem. At the organization meeting the city council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the city council of the mayor's disability or absence.

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Section 2.6. Acting mayor. In the event of the absence, disability or disqualification of both the mayor and mayor pro tem, the remaining members of the city council shall elect an acting mayor from their number, to preside and who shall have all the powers of the mayor during the absence, disability or disqualification of the mayor and mayor pro tem. Section 2.7. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.8. Organization meeting. The city council shall meet for organization at the first regular meeting following each municipal general election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.9. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two (2) members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's

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presence. Only the business stated in the call may be transacted at the special meeting. (c) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two (2) council members and promptly adopt an emergency ordinance, but such ordinance 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 for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form 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 (2) council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.10. Rules of procedure. The city council shall adopt 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 2.11. Quorum; voting. The mayor, or the mayor pro tem, or the acting mayor, and two (2) council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of

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the city council shall have the right to request a roll-call vote. The affirmative vote of two (2) council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.12. Ordinance form; procedure . Every proposed ordinance 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 Georgetown hereby ordains..., and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in section 2.9 (c). Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each council member before the same is adopted and at the same time shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.13. Acting requiring an ordinance . In addition to other acts required by general State law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. Section 2.14. Codes of technical regulations . (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of section 2.12 (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

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ordinance, shall be authenticated and recorded by the clerk pursuant to section 2.15. Section 2.15. 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 city council. (b) The city 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 city council by ordinance and shall be published promptly, together with all 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 Georgetown, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter 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 city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.16. Inquiries and investigations . The city 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

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production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.1. Administrative and service departments . (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of the city. (b) In addition to their elective duties, individual council members may be charged with such administrative duties as the city council may prescribe by ordinance or resolution, provided such duties do not conflict with general State law. (c) All appointive offices and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.2. Boards, commissions, authorities . Except as otherwise provided by this charter or general State law, the city council shall create by ordinance such boards, commissions, authorities, and other bodies to fulfill any investigative, quasi-judicial, or quasi-legislative function the council shall prescribe. The council shall prescribe the composition, period of existence, duties, powers, compensation, structure, and all other matters in connection with the operations of such boards, commissions and authorities. ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation of municipal court; name . There shall be a court to be known as the Municipal Court of the City of Georgetown.

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Section 4.2. Judge; court personnel . (a) The mayor, or in the mayor's absence or disqualification, the mayor pro tem, shall be the judge of the mayor's court. (b) The city clerk shall perform the duties of clerk of the municipal court, and, when required, the city attorney shall serve as prosecutor in said court. The city council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court. Section 4.3. Terms; jurisdictions; powers . (a) The municipal court shall convene at regular intervals as provided by ordinance. (b) The municipal court shall try and punish for violations of all city ordinances. (c) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed one hundred dollars ($100.00) or thirty (30) days in jail. (d) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1,000.00) or imprisonment for ninety (90) days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares, or other public works for a period not exceeding ninety (90) days. (e) 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. (f) 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 the appearance of persons charged with violations. Whenever any person shall give bail for

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his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the city, 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. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probably [sic] cause that a State law has been violated. (h) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (i) 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 general State law. (j) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the city granted by general State laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4 Appeal . The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Quitman 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

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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 4.5. Rules for court . With the approval of the city 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, the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. Section 4.6. Appointment of counsel for indigent . The city council shall provide by ordinance for appointment of counsel for indigents, or others, as now or hereafter required by law, and shall by such ordinance provide for compensation to be paid to counsel so appointed. The judge of the municipal court shall appoint counsel in such cases from among the attorneys at law residing in Quitman County and those counties adjoining Quitman County, or from among those attorneys at law who have previously consented to serve as appointed counsel in such court. ARTICLE V ELECTIONS AND REMOVAL Section 5.1. Applicability of general law . All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.2. Regular elections; time for holding . (a) There shall be held on the first Monday in December 1977, and biennially on the same day in each calendar year of odd

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number thereafter, an election for the purpose of electing a mayor and three council members. The mayor and council members elected at such elections shall take office at the first regular meeting of the city council in January of the calendar year following their election and shall serve for terms of two years and until their successors are duly elected and qualified. (b) For the purpose of electing candidates for council members, other than the mayor, each council position shall be designated by number; the council position presently occupied by council member Robert L. Nolan being designated Council Post No. 2, the council position presently occupied by council member Robert Bennett being designated Council Post 2, and the council position presently occupied by council member Donnie Drew being designated Council Post No. 3. Each candidate for election as council member shall be required to designate by number which of the council posts he offers for election. Section 5.3. Vacancies. In the event the office of mayor or of any one or more council members becomes vacant for any reason for cause, the same shall be filled until the next annual election by a person or persons elected by the city council at a regular meeting of said council, and such persons so elected shall serve until their respective successors are elected and qualified. Section 5.4. Removal of officers. The mayor, council members, or others provided for in this charter shall be removed 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) knowingly violate any express prohibition of this charter;

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(e) abandonment of office or neglect to perform the duties thereof which shall include repeated failure to regularly attend council meetings without cause; or (f) failure for any other cause to perform the duties of office as required by this charter or by State law. Section 5.5. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By the vote of two-thirds of the remaining council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Quitman 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 Quitman County as provided by State law. Section 5.6. Recall of mayor or council member. The mayor or any council member shall be subject to recall during his term of office in the following manner: (a) Whenever 51 percent of the electors eligible to participate in the last preceding general city election shall so request in a petition filed in the office of the city clerk, an election shall be called and held on the subject only of the recall and nonrecall of such official. It shall be the duty of the municipal election superintendent to examine the names on the petition and check the same with the electors registration list to determine if the required number have signed the said petition. A report shall be submitted to the mayor and council with the petition at the next meeting held more than five days after the filing of such petition, and if the

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required number of electors have signed the petition, the governing body shall order an election to be held and the same shall be conducted as provided for special elections in the Georgia Municipal Election Code. At said election, the ballots shall be as follows, with the name of such officer and office inserted in the blanks: YES () NO () Shall..... holding the office of..... be recalled? and shall contain such other instructions as considered necessary, and the voter shall indicate thereon which proposition is favored. (b) A meeting of the mayor and council shall be called and held on the day following the date of such election for the purposes of receiving and canvassing the returns of the election and declaring the result thereof. If a majority of those voting in the election vote in favor of the recall of the official, his office shall be declared immediately vacant, and at the next regular meeting the vacancy shall be filled in the manner provided in section 5.3 above, but if a majority of those voting in the election fail to vote in favor of recall, the official shall retain his office and no other recall election shall be held so far as such official is concerned during the remainder of such official's current term of office. Section 5.7. Other provisions. Except as otherwise provided by this charter, the city council shall prescribe, by ordinance, such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. ARTICLE VI REVENUE AND FINANCE Section 6.1. Property tax. The city council may assess, levy, and collect and ad valorem tax on all real and personal property within the corporate limits of the city that is

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subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the city council in its discretion. This city is hereby exempted from the provisions of Georgia Code section 92-4101 through 92-4104, inclusive. Section 6.2. Millage rate, due dates, payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.3. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent such persons become lawfully taxable by the city. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in section 6.9. Section 6.4. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance

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for the registration within a reasonable time of all franchises previously granted. Section 6.5. License; permits; fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in section 6.9. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.6. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in section 6.9. Section 6.7. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in section 6.9. Section 6.8. Construction; other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.9. Collection of delinquent taxes and fees. The

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city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under sections 6.1 through 6.8 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.10. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue bonds. Revenue bonds may be issued by the city council as State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.12. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.13. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general State law as now or later amended at section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p. 350). (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, finding that the property is not needed

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for public or other purposes and that the interest of the city has no readily ascertainable monetary value. ARTICLE VII GENERAL PROVISIONS Section 7.1. Eminent domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.2. 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 city council shall from time to time require or as may be provided by State law. Section 7.3. Prior 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 city council. Section 7.4. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word council shall mean the city council of the city.

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(d) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.5. 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 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 7.6. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.7. Repealer. An Act incorporating the City of Georgetown in the County of Quitman, approved August 21, 1906 (Ga. L. 1906, pp. 763-769), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia a bill to provide a new charter for the city of Georgetown, Georgia; to provide for all matters relative thereto; and for other purposes, this first day of February, 1977. Don Castleberry Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry

Page 3744

who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times which is the official organ of Quitman County, on the following dates: February 3, 10, and 17, 1977. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WEBSTER COUNTYCOMMISSIONER'S CLERK'S COMPENSATION DETERMINED. No. 498 (House Bill No. 981). An Act to amend an Act creating the office of Commissioner of Webster County, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, particularly by an Act approved March 1, 1933 (Ga. L. 1933, p. 752), an Act approved April 12, 1963 (Ga. L. 1963, p. 3513), an Act approved March 30, 1971 (Ga. L. 1971, p. 2581), and an Act approved April 13, 1973 (Ga. L. 1973, p. 2653), so as to provide for a determination of the compensation of the commissioner's clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Webster County, approved August 27, 1931 (Ga. L. 1931,

Page 3745

p. 597), as amended, particularly by an Act approved March 1, 1933 (Ga. L. 1933, p. 752), an Act approved April 12, 1963 (Ga. L. 1963, p. 3513), an Act approved March 30, 1971 (Ga. L. 1971, p. 2581), and an Act approved April 13, 1973 (Ga. L. 1973, p. 2653), is hereby amended by striking from section 9A thereof, the following: $165.00 per month, and inserting in lieu thereof the following: determined within the discretion of the commissioner, so that when so amended section 9A shall read as follows: Section 9A. Said commissioner shall employ a clerk whose compensation shall be determined within the discretion of the commissioner and it shall be the duty of the clerk to keep the book of minutes of the court of the commissioner, to keep a systematic file of all accounts, invoices and claims paid by the county, to keep an accurate stub-book of all warrants issued, to keep a ledger showing the financial condition of the county at all times which said ledger shall be posted daily and balanced daily and along with the other records of the commissioner's office, be open to public inspection, and to do such other acts and things as are usually required of a clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Webster County, as amended, so as to provide for a determination of the compensation of the commissioners clerk and for other purposes. This 1st day of February, 1977. Don Castleberry Representative, 111th District

Page 3746

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 Webster County, on the following dates: February 3, 10, 17, 1977. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WARREN COUNTY SUPERIOR COURTDEPUTY CLERK'S COMPENSATION CHANGED. No. 499 (House Bill No. 982). An Act to amend an Act placing the Clerk of the Superior Court of Warren County on an annual salary, approved March 11, 1963 (Ga. L. 1963, p. 2164), as amended, particularly by an Act approved February 28, 1974 (Ga. L. 1974, p. 2103), so as to change the provisions relative to the compensation of the deputy clerk; 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: Section 1. An Act placing the Clerk of the Superior Court of Warren County on an annual salary, approved March 11, 1963 (Ga. L. 1963, p. 2164), as amended, particularly by an Act approved February 28, 1974 (Ga. L. 1974, p. 2103), is hereby amended by striking from subsection (b) of section 2 the following: $4,800, and inserting in lieu thereof the following: $6,000, so that when so amended, subsection (b) shall read as follows: (b) The clerk shall be authorized to employ a deputy, from time to time, as needed by him to assist him in carrying out his duties. Any such deputy shall be employed by the clerk, and the compensation of said deputy shall be $6,000 per annum payable in equal monthly installments. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Warren County on a salary in lieu of the fee system of compensation; approved March 11, 1963 (Ga. L. 1963, p. 2164), as amended, so as to increase the salary of the Deputy Clerk of Warren Superior Court by increasing the

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salary from $4800.00 per annum to $6000.00 per annum; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1977. 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 The Warrenton Clipper which is the official organ of Warren County, on the following dates: January 28, February 4 February 11, 1977. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977. CITY OF SHARON CHARTER AMENDEDELECTION PROVISIONS CHANGED. No. 500 (House Bill No. 983). An Act to amend an Act reincorporating the City of Sharon in the County of Taliaferro and providing a new charter for said city, approved April 17, 1975 (Ga. L. 1975, p.

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4274), so as to change the provisions relating to the election of the mayor and councilmen; to change the provisions relating to the date of elections; to change the provisions relating to terms of office; 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 Sharon in the County of Taliaferro and providing a new charter for said city, approved April 17, 1975 (Ga. L. 1975, p. 4274), is hereby amended by striking section 2.01 in its entirety and inserting in lieu thereof a new section 2.01 to read as follows: Section 2.01. Election of mayor and councilmen. (a) The mayor and councilmen holding office on the effective date of this Act shall continue to hold office until October 1, 1977, and until their successors are elected and qualified as hereinafter provided. (b) On the second Monday in September, 1977, an election shall be conducted by the city election managers, in accordance with the provisions of Code Title 34A, known as the `Georgia Municipal Election Code', as amended, to elect a mayor and four councilmen from the city at large. Each elector shall be entitled to vote for one candidate for mayor and four candidates for councilmen. (c) At the election provided for by subsection (b) hereof, the four candidates running for a position on the council receiving the highest number of votes and the mayor shall be elected for terms of two years beginning October 1, 1977, and until their successors are elected and qualified. Thereafter, future successors shall be elected in the same manner on the second Monday in September of each odd-numbered year and shall take office on the first day of October following their election for terms of two years. The mayor and each councilman shall hold office until their successors are elected and qualified as provided herein. (d) No informality shall invalidate any election for mayor and councilman, provided such election is conducted fairly and in substantial conformity with the requirements of this Act and the Georgia Municipal Election Code.

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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 1977 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Sharon in the County of Taliaferro and providing a new charter for said city, approved April 17, 1975 (Ga. L. 1975, p. 4274), so as to change the manner of electing the Mayor and Council of the City of Sharon to meet requirements imposed by the Department of Justice, United States of America concerning such elections; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1977. 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: January 28, February 4 February 11, 1977. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977.

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TOWN OF MOUNTAIN CITYTERMS OF MAYOR AND COUNCILMEN CHANGED. No. 501 (House Bill No. 984). An Act to amend an Act incorporating the Town of Mountain City, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended by an Act approved August 17, 1929 (Ga. L. 1929, p. 1232), 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 incorporating the Town of Mountain City, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended by an Act approved August 17, 1929 (Ga. L. 1929, p. 1232), is hereby amended by adding a new section between sections 2 and 3 to designated section 2A and to read as follows: Section 2A. At the election to be held on the fourth Saturday in December 1977, the mayor and councilmen shall be elected for terms of two years beginning on January 1, 1978, and until their successors are elected and qualified. Thereafter, future successors shall be elected on the fourth Saturday in December of each odd-numbered year and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Intent to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the 1977 Georgia General Assembly to change the term of office for Mayor and Councilmen of Town of Mountain City from a one year term to a two year term. Georgia, Fulton County.

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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 Clayton Tribune which is the official organ of Rabun County, on the following dates: Jan. 27, Feb. 10, and 17. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 17th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977. BIBB COUNTY BOARD OF COMMISSIONERSELECTION PROVISIONS CHANGED, ETC. No. 502 (House Bill No. 985). An Act to amend an Act establishing the Board of Commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the composition and method of election of members of the board of commissioners; to provide for commissioner districts; to provide for definitions; to provide for initial and regular terms of office; to provide for a chairman and officers of the board; 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 the Board of Commissioners

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of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, is hereby amended by striking sections I and II of said Act in their 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 Bibb County, to be composed of 5 members to be elected as provided in this section. For the purpose of electing members of the board of commissioners, Bibb County is hereby divided into 4 commissioner districts as follows: District 1 Tract 101 ED's 56 and 57, that portion South of Interstate 16 ED 62 Tracts 106, 107, 108 and 109 Tract 110 Blocks 107 through 111 Tracts 111, 112, 113 and 114 Tract 115 ED's 128, 129 and 130 Tract 116 ED's 46, 47, 48, 49 and 50 Tract 117, except ED's 19 and 20 Tract 113 District 2 Bibb Tract 101 ED's 58, 60 and 61 Tract 102 ED 65 Tracts 103, 104 and 105 Tract 115 ED 127 Tract 116 ED's 14 and 15 Tract 123 ED's 97 and 98 Tract 125

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Tract 126 Block 306 ED's 145, 146, 147 and 148 Tract 127 Tract 128 ED's 135 and 136 Tract 130 Blocks 101 through 124, 904 through 906 and 908 through 910 ED 181, that portion East of the Southern Railroad Line District 3 Bibb Tract 101 ED's 56 and 57, that portion which lies North of Interstate 16 ED 59 Tract 102 ED's 63 and 64 Tract 110, except Blocks 107 through 111 Tract 117 ED's 19 and 20 Tracts 118, 119, 120, 121 and 122 Tract 123, except ED's 97 and 98 Tract 124 ED's 92, 93 and 172 Tract 134, except that portion South and West of Rocky Creek District 4 Bibb Tract 124 ED's 90 and 91 Tract 126 ED 149 ED 150, except Block 306 Tract 128 ED's 137, 138 and 139 Tract 129

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Tract 130 Blocks 125 through 128, 901, 902, 903 and 907 ED 181, that portion which lies West of the Southern Railroad Line Tracts 131 and 132 Tract 134, that portion which lies South and West of Rocky Creek Tracts 135 and 136 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', `Enumeration District,' `Tract' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. (b) There shall be elected to the Board of Commissioners of Bibb County one member who shall be elected from Bibb County at large, who shall be the chairman of the board, and one member from each of the commissioner districts. Each member from a district and each person elected to fill a vacancy from a district shall be elected by the qualified voters of the commissioner district which he represents. The member at large and any person elected to fill a vacancy in such position shall be elected by the qualified voters of the entire county. Candidates from districts shall offer for election to the board from the commissioner district in which their legal residence lies. (c) The initial members of the board of commissioners elected under the provisions of this section shall be elected at the general election to be held in 1980 and shall take office on January 1, 1981, for a term of office of four years each and until their respective successors are duly elected and qualified. Following the terms of the initial members, the terms of office of members of the board of commissioners shall be for 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. Succesors

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shall be elected at the general election immediately preceding the expiration of the terms of office of the members. (d) At their first meeting after taking office, the members shall elect such officers, other than a chairman, as they may deem necessary. The officers so elected shall serve for a period of four years and until their respective successors are duly elected. Section 2. This Act shall become effective on January 1, 1981, except that the provisions of section 1 necessary for the election of members of the Board of Commissioners of Bibb County at the 1980 general election shall become effective on January 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Bibb County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia a bill to change the method by which members of the Bibb County, Georgia, County Commission are elected; and for other purposes. This 31st day of December, 1976. William C. Randall Representative, District 101 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

Page 3757

in the Macon News which is the official organ of Bibb County, on the following dates: January 14, 21 and 28, 1977. /s/ William C. Randall Representative, 101st District Sworn to and subscribed before me this 7th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. MURRAY COUNTY COMMISSIONER'S COMPENSATION CHANGED. No. 503 (House Bill No. 989). An Act to amend an Act creating the Commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 26, 1970 (Ga. L. 1970, p. 2159), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3831), 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 Commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 26, 1970 (Ga. L. 1970, p. 2159), and an Act approved April 19, 1973 (Ga. L. 1973, p. 3831), is hereby amended by striking from section 7A thereof the following: fifteen thousand ($15,000.00) dollars,

Page 3758

and substituting in lieu thereof the following: $17,000.00, and by inserting between the first and second sentences of section 7A, the following: In addition thereto the commissioner's salary shall be increased by 2% for each year in office served by the commissioner for any year beginning on or after January 1, 1977, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the commissioner's salary on the day immediately previous to the day on which any such increase is to take effect., so that when so amended section 7A shall read as follows: Section 7A. The Commissioner of Murray County shall receive an annual salary of $17,000.00, payable in equal monthly installments from the funds of Murray County. In addition thereto the commissioner's salary shall be increased by 2% for each year in office served by the commissioner for any year beginning on or after January 1, 1977, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the commissioner's salary on the day immediately previous to the day on which any such increase is to take effect. In addition to his annual salary, he shall be reimbursed for his actual expenses incurred in the discharge of the official duties of his office. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1977 Session of the General Assembly of Georgia a Bill to change the compensation of the Commissioner of Murray County, and for other purposes. This 31st day of January, 1977. Thomas P. Ramsey III Representative District 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County, on the following dates: February 3, 10 and 17, 1977. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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MURRAY COUNTYCERTAIN OFFICERS' COMPENSATION CHANGED. No. 504 (House Bill No. 990). An Act to amend an Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Murray County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2509), as amended by an Act approved February 26, 1970 (Ga. L. 1970, p. 2162), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3530), so as to change the compensation of said officers; to provide for longevity increases; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Murray County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2509), as amended by an Act approved February 26, 1970 (Ga. L. 1970, p. 2162), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3530), 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 clerk of the superior court shall receive an annual salary of $13,000. In addition thereto the clerk's salary shall be increased by 2% for each year in office served by the clerk for any year beginning on or after January 1, 1977, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the clerk's salary on the day immediately previous to the day on which any such increase is to take effect. The clerk's salary shall be payable in monthly installments from the funds of Murray County. 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:

Page 3761

Section 3. The sheriff shall receive an annual salary of $15,000.00. In addition thereto the sheriff's salary shall be increased by 2% for each year in office served by the sheriff for any year beginning on or after January 1, 1977, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the sheriff's salary on the day immediately previous to the day on which any such increase is to take effect. The sheriff's salary shall be payable in monthly installments from the funds of Murray County. 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 shall receive an annual salary of $14,500.00. In addition thereto the judge's salary shall be increased by 2% for each year in office served by the judge for any year beginning on or after January 1, 1977, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the judge's salary on the day immediately previous to the day on which any such increase is to take effect. The judge's salary shall be payable in monthly installments from the funds of Murray County. Section 4. Said Act is further amended by striking section 5 thereof in its entirety and substituting in lieu thereof a new section 5, to read as follows: Section 5. The tax commissioner shall receive an annual salary of $13,000.00. In addition thereto the tax commissioner's salary shall be increased by 2% for each year in office served by the tax commissioner for any year beginning on or after January 1, 1977, such increase to take effect on January 1 of the year following completion of each such year of service and to be computed based on the tax commissioner's salary on the day immediately previous to the day on which any such increase is to take effect. The tax commissioner's salary shall be payable in monthly installments from the funds of Murray County.

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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. 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 in the 1977 Session of the General Assembly of Georgia a Bill to change the compensation of the Probate Judge, Clerk of Superior Court, Sheriff, and Tax Commissioner and for other purposes. This 31st day of January, 1977. Thomas P. Ramsey III Representative, District 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County, on the following dates: February 3, 10 and 17, 1977. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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TOWN OF JENKINSBURGCERTAIN OFFICERS' COMPENSATION CHANGED, ETC. No. 505 (House Bill No. 992). An Act to amend an Act to create a new charter for the Town of Jenkinsburg, Georgia, approved March 7, 1955 (Ga. L. 1955, p. 2909), so as to change certain provisions with respect to the salaries of the mayor, councilmen, clerk and treasurer, marshal, and chief of police; to provide for the election or apointment by the mayor and council of a judge of the police court and an alternate judge of the police court; to provide for certain matters of procedure with respect to the police 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 to create a new charter for the Town of Jenkinsburg, Georgia, approved March 7, 1955 (Ga. L. 1955, p. 2909), is hereby amended by striking section 13 thereof in its entirety and substituting in lieu thereof a new section 13, to read as follows: Section 13. At the first regular meeting of the mayor and council after the election as aforesaid, in addition to the election of mayor pro tem as aforesaid, they shall proceed to elect a town clerk and treasurer; said clerk and treasurer may be required to give bond for faithful performance of the duties of said office; they shall also elect a chief of police and such other policemen as are necessary for the protection of said town; they shall elect other officers should they deem it necessary for the best interests of the town, all of whom shall take an oath for the faithful performance of their respective duties and may be required to give bond in such amounts as said mayor and council may deem best, said bonds payable to said Town of Jenkinsburg. Said mayor and council shall have authority to suspend and remove said officers in their discretion. It shall be the duty of the mayor and council to fix the salaries of such officers and employees, as well as salaries of mayor and councilmen,

Page 3764

which salaries of the mayor and councilmen, when once fixed, shall not be increased during their respective terms of office. All expenditures for town purposes shall be paid out of the town funds by an order drawn by said clerk after said mayor and council have approved the same. Section 2. Said Act is further amended by striking section 15 thereof in its entirety and substituting in lieu thereof a new section 15, to read as follows: Section 15. The mayor and council shall appoint or elect annually a judge, and an alternate judge, to serve in the event of illness or absence of the judge, who shall meet such qualifications as established by the mayor and council, and which judge and alternate judge shall be subject to removal for cause and replacement by the mayor and council, who shall receive such compensation as determined by the mayor and council, and who shall hold and preside over a court in said town, to be called the `Police Court' for the trial of all offenders against the laws and ordinances of said town as often as 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 and punish for contempt. Said court shall have the power to punish all violators of the ordinances of the town by a fine not to exceed one hundred dollars, imprisonment in the town prison or county jail not to exceed sixty days or to work on the streets of said town for sixty days, but said confinement or work upon said streets shall not be invoked except upon failure or refusal to pay said fine, an alternate sentence to be fixed in all cases. Section 3. Said Act is further amended by striking section 16 thereof in its entirety and substituting in lieu thereof a new section 16, to read as follows: Section 16. The judge of the police court or alternate judge in case he be presiding shall have the power in said police court, if the offense charged against the prisoner shall be beyond his jurisdiction to examine into the facts of the case, and commit the offender to jail or bail them, if the

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offense is bailable, to appear before the court of Butts County Superior Court. 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. 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 1977 Session of the General Assembly of Georgia, a bill to amend an Act to create a new charter for the Town of Jenkinsburg, Georgia, approved March 7, 1955 (Ga. Laws 1955, p. 2909), so as to change certain provisions with respect to the salaries of the mayor, councilmen, clerk and treasurer, marshal, and chief of police; to provide for the election or appointment by the mayor and council of a judge of the police court and an alternate judge of the police court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 15 day of January, 1977. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones 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

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County, on the following dates: January 20, 27 and February 3, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. FITZGERALD REDEVELOPMENT AUTHORITY CREATED. No. 506 (House Bill No. 994). An Act to create the Fitzgerald Redevelopment Authority; to define certain terms; to provide for the composition of the Authority, its powers, duties and compensation of members; to provide for the purposes of the Authority; to provide for revenue bonds; to provide that such powers of the Authority provided by this Act are supplemental to powers conferred by other laws; to provide for an advisory committee to 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 Ben Hill to be known as the Fitzgerald Redevelopment Authority. Said Authority hereinatfer shall be referred to as the Authority and said Authority shall have the powers,

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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 Fitzgerald Redevelopment Authority created by this Act. (b) City shall mean the City of Fitzgerald, Georgia. (c) County shall mean Ben Hill 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 a advisory committee to the Authority in matters relating to the revitalization and redevelopment of the Fitzgerald 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 with the City of Fitzgerald. (g) Project areas shall mean those urban, central city or downtown areas within the City of Fitzgerald 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 Fitzgerald, Georgia. The members of said Authority shall be residents of Ben Hill County. (b) Vacancies in the membership of the Authority shall be filled by the Mayor and City Council of the City of Fitzgerald, 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

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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 as 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, 1977; three members shall be appointed for a term ending December 31, 1978; and three members shall be appointed for a term ending December 31, 1979. 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. Any 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 he shall cease to be a member of the Authority. No person may serve more than two consecutive full terms as a member of the Authority. No action taken by the Authority shall be void by reason of the disqualification of a member until the disqualification shall be brought to the attention of the other members of the Authority in writing, and one month has expired since the receipt of said notice and the action sought to be void was taken after said one-month period. (e) The members of the Authority shall not be entitled to compensation, pension or other retirement benefits on account of service on the Authority but shall be entitled to receive traveling expenses and other actual expenses incurred in the performance of their duties of office. (f) The Authority shall elect a chairman, vice chairman and a secretary-treasurer, each of whom shall serve for one year or until his successor is chosen. The Authority shall adopt and promulgate rules governing its procedures and shall hold regular meetings not less than once each quarter.

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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 Fitzgerald (project areas) are proper public purposes and this law is adopted for the purpose of promoting and expanding for the public good and welfare the public facilities of said areas, including the construction of streets, roadways, parks, malls, transportation systems, vehicular parking facilities and any and all other necessary and desirable appurtenances to the revitalization and modernization of said project areas; and it is further declared that the expenditure of public funds for such purposes by said Authority is and shall be in the public interest. It is further found, determined and declared that all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the general public welfare in matters of cultural development, education, pleasure, convenience and recreation of the public at large, in an effort to better the general condition of society, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society.

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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 purpose 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, and 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 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 purpose, any real or personal property or interest therein. (g) To mortgage, convey, pledge or assign any property, revenues, income, tolls, charges or fees owned or received by the Authority.

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(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 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 equipment 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

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(Ga. Laws 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 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 of 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 laws and the terms thereof. (m) To make or cause to be made studies and analyses

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of economic changes taking place in the downtown areas of Fitzgerald and Ben Hill 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; (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 coordinating 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

Page 3774

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 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 Fitzgerald by resolution may establish an advisory

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committee to the Authority. Said committee shall be composed of from ten to twenty citizens of Ben Hill County and said committee shall be charged with the responsibility to make recommendations to the Authority in connection with the redevelopment of project areas. It shall be the responsibility of the city to advise the Authority of the composition of the committee and to notify the Authority of changes in membership from time to time. The terms of members of the committee shall be in the discretion of the Mayor and City Council. Section 8. Public Funds. The City of Fitzgerald and the County of Ben Hill, 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. Section 9. Liberal Construction of Act. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 10. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at

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the regular 1977 session of the General Assembly of Georgia a bill to create a Fitzgerald Redevelopment Authority and provide for its powers and duties; and for other purposes. This 28th day of December, 1976. Gerald H. Thompson, Mayor City of Fitzgerald Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Fitzgerald Herald Leader which is the official organ of Ben Hill County, on the following dates: December 30, 1976, January 6 13, 1977. /s/ Ted Hudson Representative, 137th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977. CITY OF MACONNEW CHARTER. No. 507 (House Bill No. 995). An Act to provide a new charter for the City of Macon, Georgia; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide

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for the mayor and city council; to provide for administration; to provide for the municipal court 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 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, Boundaries Section 1-101. Incorporation; name. The City of Macon, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Macon (hereinafter at times referred to as the city). The city shall be the legal continuation and successor to the city as heretofore incorporated; shall continue to be vested with all of the property and rights of property which now belong to the city; and shall have perpetual succession. Section 1-102. General powers. The city shall have all the powers, duties, rights, privileges, and immunities vested in the city now or hereafter granted to municipal corporations by the Constitution, by the general laws of the State of Georgia, by this charter, by special laws applicable to the City of Macon that are not prior charter amendments and by general laws of local application through classification by population. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the general laws or this charter, including all 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, and all implied powers necessary to carry into execution all powers granted as fully and completely as if these powers were fully enumerated

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herein. In addition, the city may sue and be sued; may contract and be contracted with; may acquire and hold any 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 its property; may have a common seal and alter it at will. Section 1-103. Special powers. In addition to the powers granted in section 1-102, the city shall have all special powers enumerated in Appendix I of this charter which is hereby incorporated herein by reference. Section 1-104. Construction of powers. The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. Section 1-105. Boundaries; official map. (a) The corporate limits and boundaries of this city shall be those existing on the effective date of the adoption of this charter with any alterations as may be made from time to time in the manner provided by State law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, incorporated herein, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official Map (or Description) of the Corporate Limits of the City of Macon, Georgia. Photographic, typed or other copies of the map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city shall provide for the redrawing of the official map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.

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ARTICLE II The Council CHAPTER 1 General Provisions Section 2-101. Creation; composition; term of office. There shall be a city council (hereinafter at times referred to as the council) composed of 15 council members elected as provided in Article IV of this charter for four-year terms and until a successor is elected and qualified. Section 2-102. Qualifications. To be eligible for election or appointment to the council, a person, at the time of election or appointment, must (a) have attained the age of 21 years; (b) reside in the city and the ward required in this charter; (c) be a qualified elector of the city; and (d) meet any other requirements as may be established by general State law. Section 2-103. Compensation. Council members shall receive, as compensation for their services, an amount fixed by ordinance as provided by general State law. In addition, the council members shall receive their expenses incurred in the performance of their official duties in the manner provided by ordinance. CHAPTER 2 Powers of Council Section 2-201. General powers. The legislative power of the city, unless otherwise provided by this charter, shall be vested in the council.

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Section 2-202. Execution of powers. The council shall provide by ordinance for the execution of all powers, functions, rights, privileges, duties and immunities of the city, its officers, agencies or employees as provided by this charter or general State law. Section 2-203. Specific powers and duties. Without limiting the general legislative powers of the council, it is empowered to (a) adopt all annual appropriations for the city by ordinance and any supplements or amendments the council deems necessary from time to time during the fiscal year; (b) adopt, by ordinance, a fiscal year for the city and each of its departments, boards or other agencies and any other ordinances for the regulation and management of the financial affairs of the city it deems necessary; (c) adopt, by ordinance, provisions for governmental reorganization including the establishment, alteration or abolishment of any and all nonelective offices, positions, departments and agencies of the city unless otherwise established or provided by this charter; (d) adopt ordinances establishing any and all personnel policies it deems necessary for an adequate and systematic handling of personnel affairs; (e) make adjustments, by ordinance, to the election districts of the city as provided in Article IV; (f) establish committees of its members for legislative, investigative and study purposes without the need for approval of the mayor, and members of these committees shall be appointed by a committee on committees consisting of the president and president pro tem of the council and a district-elected member of council appointed by a majority vote of all council members; (g) establish and appoint any board or commission of citizens to advise the council as it deems necessary without

Page 3781

the need for approval by the mayor; provided, however, that the term of such boards or commissions shall automatically expire at the end of the term of office of the council who appointed same, if not earlier abolished by the council; and (h) adopt any other ordinance, resolution or amendment to this charter as is allowed or not denied now or hereafter under general State law or this charter and exercise any other power as may be provided now or hereafter under general State law, this charter or ordinance. Section 2-204. Independent audits. The council shall, without the need for approval by the mayor, provide for an independent annual audit of all city accounts and may provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate the accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of the fiscal year. The council may also provide for special independent audits of any office, department, board, commission or other agency of the city without the need for approval by the mayor. Section 2-205. Inquiries and investigations. The council may, without the need for approval by the mayor, make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency of the city or any joint or independent commission, board or authority of the city and county. For this purpose, the council may request or subpoena witnesses, administer oaths, take testimony and require the production of evidence in the same manner as the Superior Court of Bibb County. Any person who fails or refuses to obey a subpoena issued in the exercise of this power by the council may be held in contempt of council by a majority vote of all council members and punished as provided in this charter for contempt of the municipal court. Appeal to the Superior Court of Bibb County from

Page 3782

a council contempt conviction is allowed as for any conviction in the municipal court. CHAPTER 3 Organization and Procedures of Council SUBCHAPTER A. President of Council Section 2-301. President and president pro tempore; appointment; term; removal. The council shall select, each by a majority vote of all members, a president and president pro tempore of the council from among the council members elected at large. The selection shall be held at the organizational meeting of the council after the municipal election and the president and president pro tempore shall serve for the same term as other council members subject to removal from the presidency or presidency pro tempore by a vote of ten council members for removal. Section 2-302. Compensation. The council, by ordinance, may provide for compensation to the president and president pro tempore of the council in addition to the compensation they shall receive as council members. Section 2-303. Powers and duties; acting mayor. (a) The president of the council shall preside at all meetings of the council and possess and have all the rights, privileges and responsibilities of the other council members. (b) The president of the council shall serve as acting mayor with all the powers and duties of that office should the mayor temporarily be unable to serve and the president shall act as mayor or succeed to the office of the mayor as provided in section 4-103 of this charter. (c) The president pro tempore shall have all the rights, privileges and responsibilities of the other council members and shall serve as acting president of the council if for any reason the president is temporarily unable to serve or is

Page 3783

acting as mayor and succeed to the presidency of the council if the presidency is vacant for any reason. Sections 2-304 through 2-310 (reserved). SUBCHAPTER B Clerk of Council Section 2-311. Appointment; term; removal. The council shall, by a majority vote of all members, appoint a clerk of council who may serve until removed for cause by a majority vote of all council members. The clerk of council may also serve as city clerk or on any other positions he or she may be appointed to in the city. Section 2-312. Duties; compensation. The clerk of council shall attend all meetings of council, keep the minutes, rules and records of the council, provide notice of meetings and perform any other duties required by the council or by ordinance. The compensation of the clerk of council shall be as fixed by the council. Sections 2-313 through 2-320 (reserved). SUBCHAPTER C Rules and Procedures of the Council Section 2-321. Organizational meeting. (a) The newly elected or reelected mayor and council members shall take office and meet for organization and swearing-in ceremonies on the second Tuesday of December following their election. (b) At this meeting, the newly elected or reelected mayor and council members shall each qualify to take office by taking the oath of office for the public officials as provided by State law and the following oath: I do solemnly swear or affirm that I will well and truly perform the duties of (mayor or council member, as the case

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may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Macon and the common interest thereof. (c) At this meeting, the newly organized council shall make any appointments and selections as may be required by this charter or ordinance. Section 2-322. Rules of procedure; quorum; journal. (a) The council, at any regular or special meeting called for that purpose, by a majority vote of all members, may adopt any rules of procedure and order of business or amendments thereto that are consistent with this charter, without the need for approval by the mayor. (b) A quorum for all council meetings shall be a majority of all council members and no business shall be transacted by the council in the absence of a quorum except to adjourn from time to time. (c) All ordinances and resolutions adopted by the council shall require the affirmative vote of a majority of all council members. Except as otherwise provided in this charter, all other actions of the council shall require the affirmative vote of a majority of the council members present. The council by ordinance shall prescribe procedures to govern the manner of introduction and passage of ordinances and resolutions. (d) A journal of minutes shall be maintained and every official action of the council shall be recorded therein. The journal shall be a public record. Section 2-323. Meetings, regular; special; emergency. (a) The council may fix the date and time of regular meetings in the council rules of procedure but there shall be at least one regular meeting each month. (b) Special meetings of the council may be held on call of the mayor, president of the council or a majority of all members of the council. Notice of a special meeting shall be

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served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. This notice to council members shall not be required if all council members are present when the special meeting is called. This notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in the council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the council shall be public to the extent required by general State law and notice to the public of special meetings shall be made fully as is reasonably possible 48 hours prior to the meetings. (d) To meet a public emergency affecting life, health, property or public peace, the council may convene on call of the mayor, the president of the council or a majority of all council members and promptly adopt an emergency ordinance, but this ordinance 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 for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form 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 and approval or at any later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2-324. Approval by the mayor; veto. (a) Every

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ordinance and resolution adopted by the council and every other council action requiring the mayor's approval shall, before it takes effect, be presented and certified by the clerk of council to the mayor within two days of its adoption (Sundays excepted). (b) The mayor, within 12 calendar days of adoption by council, shall return it to the clerk of council with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk of council or at any later date provided therein. If the action is neither approved nor disapproved, it shall become law at 12 noon on the twelfth calendar day after its adoption by the council or at any later date provided therein. If the action is disapproved, the mayor shall submit to the council, through the clerk of council, a written statement of the reasons for the veto. The clerk of council shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Actions of the council vetoed by the mayor shall be presented by the clerk of council at the next meeting of the council; and should the council then adopt the ordinance by an affirmative vote of ten members to override the veto, it shall become law. (d) The mayor may disapprove 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 council over the mayor's veto as provided herein. ARTICLE III The Mayor CHAPTER 1 General Provisions Section 3-101. Election; term; succession. (a) The mayor shall be elected as provided in Article IV of this

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charter for four years and until a successor is elected and qualified. (b) No person who has served two successive four-year terms shall be eligible to hold the office of mayor after the second term until there has been an intervening lapse of at least four years. Section 3-102. Qualifications. To be eligible for election to the office of mayor of the city, a person at the time of election must (a) have attained the age of 25 years; (b) reside in the city; (c) be a qualified elector of the city; and (d) meet any other requirements as may be established by general State law. Section 3-103. Compensation. The mayor shall receive as compensation for services an amount fixed by ordinance as provided by general State law. In addition, the mayor shall receive expenses incurred in the performance of official duties in the manner provided by ordinance. CHAPTER 2 Powers and Duties Section 3-201. Vesting of executive powers. All of the executive powers of the city are vested in the mayor. Section 3-202. Chief executive. The mayor is the chief executive officer of the city and is responsible for execution of the laws and policies of the city and applicable State and federal laws. Section 3-203. Duties and responsibilities enumerated. The mayor has the following powers, duties and responsibilities:

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(a) To see that the ordinances, resolutions and regulations of the city and laws of this State are faithfully executed and enforced. (b) To exercise supervision over the executive and administrative affairs of the city government and to provide for the coordination of executive and administrative activities. (c) To appoint department heads with the advice and consent of a majority of all council members and remove them for good cause; provided that an affirmative vote of ten members of the council may prevent the removal of department heads by determining that good cause for removal does not exist. If requested by a majority vote of the members of the council, the mayor shall provide in writing the reasons for such removal. Good cause may include but not be limited to the following: (1) incompetence, misfeasance or malfeasance in office; (2) conviction of a crime involving moral turpitude or a crime punishable as a felony; (3) failure at any time to possess any of the qualifications of office as provided by this charter or by ordinance; (4) gross misconduct in reference to the duties of office; or (5) abandonment of office or neglect to perform the duties thereof. (d) To sign and approve deeds, bonds, contracts and other instruments and documents in any case in which the legal instruments must be in writing or where the general laws of the State, or ordinance or resolution of the council so require. (e) 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

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in this charter and to submit annually to the council a capital improvement program. (f) To approve or veto council actions as provided in section 2-324 of this charter. (g) 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. (h) To represent the city government in its intergovernmental relations. (i) To appoint for information and assistance advisory boards, commissions or committees which shall be answerable only to the mayor, but whose actions shall be advisory in nature; provided, however, that the term of such boards, commissions or committees shall automatically expire at the end of the term of office of the mayor who appointed same, if not earlier abolished by the mayor. (j) To perform any other duties as may be required by law, ordinance or resolution. ARTICLE IV Election and Removal CHAPTER 1 Conduct of Elections Section 4-101. Application of general laws. All municipal general or special elections or referendums and primaries shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia (Ga. L. 1968, p. 885), as now or hereafter amended, and under the supervision and control of the Macon-Bibb County Board of Elections as established by an Act of the General Assembly of Georgia (Ga. L. 1969, p. 333), as now or hereafter amended.

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Section 4-102. Regular elections; time for holding. Regular elections for the mayor and members of the council shall be held on the Tuesday following the first Monday in November, 1979, and on that date quadrennially thereafter. Section 4-103. Special elections; vacancies. (a) In the event that the office of mayor or any council member shall become vacant for any cause whatsoever, the council or those remaining shall by resolution order a special election to fill the balance of the unexpired term of that office. (b) If, however, the vacancy in any council seat occurs within 12 months of the expiration of the term of that office, the council or those remaining may, within 20 days of the occurrence of the vacancy, appoint a successor for the remainder of the term. (c) If, however, a vacancy in the office of the mayor occurs, the president of the council shall be acting mayor with all the powers and duties of that office until a successor is elected and qualified; and if the vacancy in the office of the mayor occurs within 12 months of expiration of the term of that office, the president shall succeed to the office of the mayor for the remainder of the term. (d) Any special election necessary under this section shall be held at the same time as any general State election if the vacancy occurs more than 30 but less than 90 days before the general election. Section 4-104. Council districts; adjustments. (a) There shall be five election districts for council members in the city, the boundaries of which may be shown on the official map under section 1-105 of this charter, and an official description by federal census tracts and blocks shall be retained permanently in the office of the city clerk and shall be designated the Official Description of the Council Election Districts of the City of Macon, Georgia. (b) The council may, by ordinance, provide for the redrawing of the official map and description to reflect lawful adjustments in the districts.

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(c) Adjustments in the districts shall be made by ordinance after study by the council within a reasonable time after the United States Decennial Census is officially published or after any substantial alterations in the boundaries of the city which result in substantial population changes. The adjustments shall, as closely as practical, result in reasonably compact districts of contiguous federal census tracts and blocks containing the same number of people so as to insure proportionate representation. (d) Until such time as the boundaries of election districts are altered as hereinabove provided in subsection (c), residents of annexed territory shall be deemed to be residents of the election district closest to which they reside for purposes of city elections. Section 4-105. Election by district; at large; candidate to specify. (a) Each election district shall be represented by three council members, each of whom shall continue to reside in the election district the member represents. Two council members from each election district shall be elected by the qualified electors residing in the election district. One council member from each election district shall be elected by the qualified electors of the city at large. (b) Each election district shall be composed of three posts. Posts no. 2 and 3 shall be designated as posts to be filled by the qualified electors living within the election district and post no. 1 which shall be filled by the qualified electors of the city at large. At the time for qualifying, each candidate shall specify the post to which the candidate seeks election. CHAPTER 2 Removal from Office Section 4-201. 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, becomes

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disabled, forfeits the office or is recalled as provided by this charter. Section 4-202. Recall elections. (a) Any person holding an elective office of the city shall be subject to removal from office at a recall election in the manner provided in this section. (b) A recall of an incumbent in an elective office of the city shall be initiated upon a written request to that effect signed by at least 30% of the registered voters eligible to vote for that office in the last preceding general municipal election. The council shall prescribe, by ordinance, rules and regulations governing the initiation and preparation of the written request and the procedures for holding the recall election by the Macon-Bibb County Board of Elections. The recall election shall be a special election under the Georgia Municipal Election Code, under the supervision and control of the Macon-Bibb County Board of Elections. (c) If at the election a majority of the registered voters voting in the recall election approve the recall of an incumbent, upon certification of the results of the election, the office shall be vacant. If a majority of the registered voters voting in a recall election shall disapprove the recall of an incumbent, such person shall remain in office for the remainder of the term. Section 4-203. Forfeiture of office. The mayor or any council member shall forfeit his or her office and it shall be vacant upon conviction in a court of competent jurisdiction or the entering of a plea of guilty or a plea of nolo contendere to a crime involving malfeasance or misfeasance in office, a felony, an intentional violation of this charter or for failure at any time to possess any of the qualifications of office as provided by this charter or by general State law.

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ARTICLE V Administration CHAPTER 1 Chief Administrative Officer Section 5-101. Appointment; qualifications; compensation. The mayor shall appoint an officer whose title shall be Chief Administrative Officer. The chief administrative officer shall be appointed solely on the basis of executive and administrative qualifications. The chief administrative officer shall hold a master's degree in public or business administration or a related field and shall have at least four years' experience in public administration or shall hold a bachelor's degree in public or business administration or a related field and shall have at least eight years' experience in public administration. Such person need not be a resident of the city or State at the time of appointment but shall reside in the city while in office. Section 5-102. Duties and responsibilities. The chief administrative officer shall have the following powers, duties and responsibilities: (a) serve as director of the department of administration; (b) advise and assist the mayor in the performance of designated duties; (c) coordinate the activities of the departments of the city government; (d) serve as a liaison between the mayor and the departments of the city 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 the mayor by charter or by ordinance;

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(f) make periodic reports with any recommendations as he or she deems appropriate to the mayor concerning the affairs of the city government; and (g) perform any other duties as shall be required by the mayor. CHAPTER 2 City Attorney Section 5-201. Appointment and qualifications. There shall be a city attorney who shall be appointed and removed as provided in section 3-203(c) of this charter for department heads. Such person shall be an active member of the State Bar of Georgia in good standing and shall have been engaged in the active practice of law for at least five years prior to the date of appointment. Section 5-202. Duties and responsibilities. The city attorney shall be legal counsel to the city and perform any other duties as may be provided by ordinance. Such person shall be responsible to the mayor and to the council. CHAPTER 3 City Clerk Section 5-301. Creation of office; appointment. There shall be a city clerk who shall be appointed and removed as provided in section 3-203 (c) of this charter for department heads. Section 5-302. Duties and responsibilities. The city clerk shall be the custodian of all official records and archives of the city, shall keep the seal of the city and shall affix it to all documents which the city clerk shall attest and certify, and shall perform such other duties as provided by ordinance. CHAPTER 4 City Organization Section 5-401. City departments and agencies. (a) It shall be the duty of the mayor to recommend to the council from time to time organizational changes in the departments

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and agencies of the city. Such changes shall be presented to the council in the form of a proposed ordinance. (b) All departments shall be responsible for the performance of the functions and services as required by ordinance and as prescribed by administrative regulations of the mayor consistent therewith. The operations and responsibilities of these departments and agencies may be distributed among any divisions or bureaus and shall consist of any officers and employees as may be provided by ordinance or administrative regulation consistent therewith. Section 5-402. Administrative organization. The council may by ordinance create, organize, combine, consolidate or discontinue departments, agencies or divisions of the city government as it may from time to time deem desirable. CHAPTER 5 Personnel Section 5-501. Civil service and merit systems. (a) The council shall establish by ordinance a system of civil service for sworn employees of the police and fire departments which shall provide a means to recruit, select, develop and maintain an effective and responsible 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, code of conduct, rules and regulations and related matters. The council shall adopt civil service rules and regulations to govern and control the police and fire departments. (b) The council shall establish by ordinance a merit system for all other employees of the city. The system shall not cover elected officials, members of boards and commissions and temporary or part-time employees. The merit system shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee evaluations and performance, salaries, hours of employment,

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vacations, sick leave, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums for employee insurance benefits, grievance procedures, service awards, training leave and any other measures that promote the hiring and retaining of capable, diligent and honest career employees. Section 5-502. Pensions, retirement and social security. (a) The provisions of the Macon Fire and Police Department Employees' Retirement System, established by an Act of the General Assembly of Georgia, approved April 16, 1969 (Ga. L. 1969, p. 2801, section 1 and 2), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 3821), with any amendments thereto as now or hereafter enacted, shall continue in full force and effect upon the adoption of this charter, are incorporated herein and made a part hereof as though each provision were fully set out herein, shall be maintained in the office of the city clerk and copies thereof made available to the public. (b) The provisions of the Macon Pensions and Retirement System established by an Act approved February 13, 1951 (Ga. L. 1951, p. 2384), as amended, including any amendments thereto as now or hereafter amended, and the provisions of an Act approved March 6, 1956 (Ga. L. 1956, p. 3146), as amended, including any amendments thereto as now or hereafter amended, and known as the Employees Social Security Group Coverage, shall continue in full force and effect upon the adoption of this charter, are incorporated herein and made a part hereof as though each provision was fully set out herein, shall be maintained in the office of the city clerk and copies thereof made available to the public. (c) The reenactment of the provisions of Acts referred to in subsections (a) and (b) hereof creating pensions, retirement and social security coverage for employees of the city upon adoption of this charter shall not be construed to deny or repeal any rights or benefits which have accrued and vested under the provisions of these Acts, as now or hereafter amended.

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Section 5-503. Prohibited activities. (a) All city employees may exercise their constitutional right of freedom of association, including but not limited to civic and social organizations, except that no city employee shall become or remain a member of any organization which exercises the right to demand of any of its members obedience to an order to strike, or engage in a work stoppage or slowdown for any cause. (b) If any city employee participates in any strike, work stoppage or slowdown or otherwise violates the provisions of this section, such person may be subject to discharge from employment with the city. CHAPTER 6 Regulation of Conduct Section 5-601. Declaration of policy. Elected and appointed officers and employees shall demonstrate by their example the highest standards of ethical conduct, to the end that the public may justifiably have trust and confidence in the integrity of government. They, as agents of public purpose, shall hold their offices or positions for the benefit of the public, shall recognize that the public interest is their primary concern and shall faithfully discharge the duties of their offices regardless of personal considerations. Section 5-602. Conflict of interest. No elected official, appointed officer or employee of the city or any agency or political entity to which this charter applies shall knowingly (a) engage in any business or transaction in which the person has a financial interest, which is incompatible with the proper discharge of official duties; (b) disclose confidential information concerning the property, government or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance

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the financial or other private interest of such person or others; (c) accept any valuable gift from any person, firm or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (d) represent private interests other than his or her own in any action or proceeding against the city or any portion of its government; (e) vote or otherwise actively participate in the negotiation or the making of any contract between the city and any business or entity in which he or she has a substantial financial interest. Section 5-603. Disclosure of interest. Any elected or appointed officer or employee who possesses or who acquires any financial interests as might reasonably tend to create a conflict with the public interest shall make full disclosure in writing to the appointing authority, or the council in the case of a member of the council, at any time a conflict becomes apparent. The disclosure statements shall be made a matter of public record and shall be filed with the city clerk. Any member of the council who has any personal or private interest, indirect, financial or otherwise, in any proposal before the council shall disclose the interest in writing to the council. The disclosure shall be made a matter of public record prior to the taking of any vote on the proposal. Section 5-604. Use of public property. No elected official, appointed officer or employee of the city or any agency or entity to which this charter applies shall use property owned by the city for financial benefit, convenience or profit except in accordance with policies of the city.

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Section 5-605. Contracts voidable and rescindable. Any violation of this Chapter which occurs with the knowledge, express or implied, of another party to a contract or sale shall render the contract or sale involved voidable and rescindable as to that party, at the option of the council. Section 5-606. Ineligibility of elected officials. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by the city or any agency thereof during the term for which such official was elected; provided, the provisions of this section shall not apply to any city elective officeholder in office on the effective date of this charter. Section 5-607. Disqualifying relationship. No person shall be hereafter appointed or employed by the mayor, council or any member thereof to any office, agency or employment who is related within the third degree by consanguinity or affinity to the mayor or any member of the council; nor shall any other board created by the charter of the city or the head of any department of the city hereafter appoint or employ any person who is so related to any member of the board or head of the department; nor shall any person be hereafter appointed or employed in any capacity on behalf of the city who is so related to the person so appointing or employing him. Section 5-608. Participation in elections. Municipal employees may individually exercise their right to vote and privately express their political views as citizens, but no city employee shall (a) use his or her official authority or capacity for the purpose of interfering with or affecting the result of an election or nomination for office; or (b) directly or indirectly coerce, attempt to coerce or command a State or local officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes.

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Section 5-609. Penalties for violation. (a) A knowing violation of this charter shall be a misdemeanor. (b) Any city officer or employee who knowingly violates any requirement of this charter shall upon conviction be guilty of malfeasance in office or position and shall forfeit the office or position. (c) The appointing authority may reprimand, put on probation, demote, suspend or discharge an employee or appointed officer found to have violated the standards of conduct established by this Chapter. ARTICLE VI Finance and Fiscal CHAPTER 1 Taxation and Other Revenue Section 6-101. General taxing power. The city shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city, upon banking, insurance, and other capital employed therein; provided, that no tax upon real or personal estate or property shall exceed one and one-half percent per annum upon the value thereof. Section 6-102. Millage rate; due dates, payment methods. (a) The council, by ordinance, shall establish a millage rate within the limits provided in section 6-101 for the city property tax; a due date; and in what length of time these taxes must be paid. (b) The council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due and provide for interest on late installments. Section 6-103. Occupation and business taxes. (a) The

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city shall have the power to levy any occupation or business taxes as are not prohibited by general State law. These taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent the persons have a constitutionally sufficient nexus to the city to be so taxed. These taxes may be levied and imposed on a fixed rate or gross receipts basis or any combination thereof. The council may classify businesses, occupations, professions or calling for the purpose of these taxes in any manner as is reasonable and payment of these taxes may be compelled as provided in section 6-109 of this Chapter. (b) Notwithstanding any other provisions of this section, no occupation or business tax based on gross receipts shall be levied and imposed prior to the holding of a special public hearing thereon, and in no event shall the total revenue received from the imposition of an occupation or business tax based on gross receipts exceed in its first year the total revenue received the immediately preceding year from the occupation and business taxes levied. Section 6-104. Licenses; permits; fees. The city shall have the power to require individuals or corporations who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for these activities from the city and to pay a reasonable fee for the license or permit where the activities are not now regulated by general State law in such a way as to preclude city regulation. These fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in section 6-109. The council by ordinance may establish reasonable requirements for obtaining or keeping licenses as the public health, safety and welfare necessitate. Section 6-105. Insurance premium taxes and licenses. The city shall have power and authority to impose and collect license fees and taxes on life insurance companies in the manner provided by an Act of the General Assembly of Georgia, approved February 20, 1964 (Ga. L. 1964, p. 122), as now or hereafter amended, and on fire and casualty

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insurance companies in the manner provided by an Act of the General Assembly, approved April 12, 1968 (Ga. L. 1968, p. 3706), as now or hereafter amended. The provisions of this section shall not be construed to limit the authority of the city to impose lawful taxes and licenses on insurance companies other than life, fire, and casualty insurance companies. Section 6-106. Service charges. The city shall have the power to assess and collect fees, charges and tolls for sewer, sanitary and health services, and garbage and solid waste collection and disposal services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing these services. If unpaid, these charges or fees shall be collected as provided in section 6-109. Section 6-107. Special assessments. The city shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances from the abutting property owners under any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in section 6-109. Section 6-108. Construction; other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Chapter shall not be construed as limiting in any way the general powers of this city to tax or otherwise govern its local affairs. Section 6-109. Collection of delinquent taxes and fees. The council, by ordinance, may provide generally for the collection of delinquent taxes, fees or other revenue due the city under this charter or general State law by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes, fees or other revenues are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes, fees and other

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revenues, personal debts of the persons required to pay the taxes, fees or other revenues imposed; revoking city licenses for failure to pay any city taxes, fees or other revenues; allowing exceptions for hardship; providing for the assignment or transfer of exceptions and collection of transferred executions; providing for the billing and collecting of principal, interest and costs of delinquent executions as an addition to and a part of the annual ad valorem tax bill issued by the Macon-Bibb County Tax Commissioner. Section 6-110. Bonds; faithful performance. The council, by ordinance, shall prescribe the amount and terms of surety bonds conditioned upon the faithful performance of the duties of office of any officer or employee of the city charged with the responsibility of handling moneys on a regular basis. CHAPTER 2 Borrowing and Indebtedness Section 6-201. General obligation bonds. The city 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. This 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 6-202. Revenue bonds. Revenue bonds may be issued by the city as State law now or hereafter provides. These bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6-203. Short-term notes. The city may issue short-term notes as now or hereafter provided by State law. Section 6-204. Improvement bonds. (a) In order to facilitate the financing of any municipal improvements authorized by law, the city may issue bonds of the city in the aggregate amount of assessments for the improvement then unpaid, which bond or bonds and the interest thereon shall

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in no event become a liability of the city or the mayor and council issuing them. (b) These bonds shall mature at a date and bear an interest rate as the council may determine by ordinance but in no event shall the rate of interest exceed that which the assessments are to bear. (c) These 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 be payable at a place designated by ordinance. (d) These bonds shall be designated as improvement bonds, and shall, on the face thereof, recite the nature and location of the improvement for which they have been issued, and shall recite that they are payable solely from assessments which have been levied upon the lots and tracts of land abutting upon or being the situs of the improvement made. (e) These bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the costs and expense of the improvement for which the bonds were issued, or the bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor, in respect to the improvement at par value, in payment of the amount due on the contract, and the portion thereof which shall be necessary to pay other expenses, incident to and incurred in providing for the improvements, shall be sold or otherwise disposed of as the council by ordinance shall direct. CHAPTER 3 Fiscal Control Section 6-301. Municipal budget; preparation; submission. (a) 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 recommended municipal appropriations ordinance, in a

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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. (b) 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. Section 6-302. Municipal appropriations ordinance. (a) Each municipal appropriations ordinance, now of force or hereafter adopted with all 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 to meet contractual obligations or the continued appropriation and 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 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. (c) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations or the continued appropriation and authorization of State or federal grants, remaining unexpended and not contractually obligated at the expiration of the municipal budget ordinance, shall lapse. (d) 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. Section 6-303. Supplementary appropriations. (a) In addition to the appropriations made by the municipal appropriations

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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 supplementary appropriation shall be made unless there is an unappropriated surplus in the city treasury or the revenue necessary to pay the appropriation has been collected into the general fund of the city treasury as provided by law. (b) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the municipal budget ordinance in effect when the supplementary appropriations ordinance was adopted and approved. Section 6-304. Appropriation for specific sums. (a) 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 and 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. (b) Any appropriation made in conflict with the foregoing provisions shall be void. CHAPTER 4 Purchasing, Contracting and Disposition of Property Section 6-401. Contracting procedures. The council shall prescribe by ordinance the procedures to be followed in the making of contracts which shall bind the city. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the city attorney. The mayor shall sign and authorize all contracts; provided, however, the council may authorize the mayor by ordinance to designate another appropriate official to sign any type contract. The city clerk shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the city clerk.

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Section 6-402. Purchasing procedures. The council shall prescribe by ordinance the procedures for all purchases of real and personal property by the city. Competitive bidding shall be required for purchases and contracts and awards shall be made to the lowest and/or best bidder; provided, the council by ordinance may authorize the purchase of goods, materials, supplies, equipment and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance. Section 6-403. Sale and disposition of property. The council shall prescribe by ordinance the procedures for all sales and other disposition of real and personal property by the city. ARTICLE VII. Municipal Court Section 7-101. Creation; jurisdiction. There shall be a court of the city, to be known as The Municipal Court of Macon, Georgia, which shall be vested with all the jurisdiction and powers throughout the city generally granted to mayor's, recorder's or police courts and particularly as to the abatement of nuisances, prosecution of traffic violations and violation of other ordinances of the city. Section 7-102. Chief judge, associate judges; appointment; compensation; oath; removal. (a) The municipal court shall be presided over by a chief judge and any part-time, full-time, or stand-by associate judges as shall be provided by ordinance, and all judges shall be appointed as for city department heads. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless such person shall have attained the age of 21 years, shall be an active member of the State Bar of Georgia in good standing and shall have been engaged in the active practice of law for at least two years prior to the date of appointment.

Page 3808

(c) Compensation of the judges shall be fixed by ordinance. (d) Before entering on the duties of the office, each judge shall take an oath given by the mayor, that he or she will honestly and faithfully discharge the duties of the office to the best of his or her ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. (e) Any judge may be removed from office by the council after trial and conviction by the council upon written charges, for neglect of duty or other conduct, in or out of office, unbecoming that station, to be judged by the council. A vote of ten council members shall be necessary for conviction and removal. Section 7-103. Convening; rules of procedure; powers; punishments. (a) The municipal court shall convene at such times and dates as may be provided by ordinance but the court shall convene at least once a month. (b) The municipal court shall follow the rules and procedures applicable to the Superior Court of Bibb County unless otherwise provided by ordinance, this charter or general State law. (c) The council, by ordinance, may provide for the powers of the municipal court over bail and appearance bonds. (d) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (e) 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 ordinance or by general State law.

Page 3809

(f) The council by ordinance shall have authority to establish a schedule of fees to defray the cost of operation, and the municipal court 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. (g) Whenever, upon the trial of any case in the municipal court, it is determined by the judge that any pistol, shotgun, rifle or other firearm has been used by the owner thereof, or with the owner's consent illegally and that the firearm is not needed as evidence in any other court, the judge is authorized and empowered, in his or her discretion, either to order the firearm impounded for a definite or indefinite time, as he or she may prescribe, or to adjudge the firearm to be a nuisance and to condemn it as such, as being opposed to the peace, good order and safety of the city and its citizens. All firearms, which are ordered impounded by the judge shall be held in safekeeping by the clerk of the court to await the further order of the judge. In all cases in which firearms are condemned by the judge, the judge is hereby authorized to dispose of the firearms in any manner authorized by ordinance. (h) Whenever upon the trial of any case in the municipal court of the city it is determined by the judge that monies or other things of value have been used, or were intended to be used for gambling purposes, then the judge of municipal court shall have the power and authority, and it shall be the judge's duty, to forfeit such monies or things of value as being used contrary to the peace, order and good morals of the city, and shall order the same to be vested in the city and such shall be paid into the treasury of the city by the chief of police to be placed in the general funds of the city. (i) The judge of the municipal court shall have the power and authority to revoke or suspend any privileged license as provided in the license and tax ordinances of the city, whenever, upon the trial of any case in the municipal court, it is determined by the judge of the court that a violation of any regulation or ordinance of the city has occurred.

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(j) The judge of the municipal court shall have the power and authority to impose upon the violator of any law or ordinance of the city, for each violation thereof, the following punishments: a fine not to exceed $300, imprisonment in the city prison for a period of not more than 40 days, commitment at labor upon the public works and streets of the city for a period of not more than 60 days; or any one or all of these punishments when the facts of the case justify such punishments; provided, however, that each contempt of municipal court shall be punishable either by imposition of a fine not exceeding $100 or by imprisonment in the city prison for a period of time not exceeding 30 days. Section 7-104. Appeal from municipal court. Appeal from municipal court shall be to the Superior Court of Bibb County or to the State Court of Bibb County in the same manner and under the same procedure as generally prescribed for appeals from the probate court. Section 7-105. Municipal court clerk. One or more municipal court clerks may be appointed and removed as provided in this charter for the appointment of department heads. The municipal court clerk or clerks shall be responsible for the performance of all duties of office to the mayor, and to the chief judge in such manner as may be determined by ordinance, and shall give bond in an amount conditioned upon faithful performance of duties as provided by ordinance. Section 7-106. Remission of sentence. The mayor of the city shall have full power and authority to suspend, modify or remit the sentence of any person imposed in the municipal court for a violation of any city ordinance, law or regulation. The council, by majority vote, may review any such action by the mayor and after review may suspend, modify or remit the sentence by two-thirds vote of its members. ARTICLE VIII General Provisions Section 8-101. Ordinances and regulations. Existing ordinances, resolutions, rules and regulations of the city and

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its agencies now in effect not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified or amended. Section 8-102. Contracts and obligations; proceedings and compensation. (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. (c) The departmental organization of the city existing immediately prior to adoption of this charter 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. (d) The provisions of sections 2-103 and 3-103 of this charter notwithstanding, the annual compensation of the mayor and council members for the remainder of their present terms of office shall be the same annual compensation as such officers received in the calendar year immediately preceding the date of adoption of this charter. Section 8-103. Governing body defined. For the purpose of all laws requiring action of the governing body of the City of Macon, such action shall be accomplished by ordinance or resolution unless specifically provided otherwise by the particular law involved. Section 8-104. Section captions. The captions of the sevveral sections of this charter are informative only and are not to be construed as a part thereof. Section 8-105. Severability. If any provisions of this charter or the application thereof to any person or circumstances

Page 3812

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. Section 8-106. Specific repealer. All Acts or portions of Acts creating, reenacting or amending any and all charters of the City of Macon are hereby repealed, except for any Acts or portions of Acts as amended which are incorporated in this charter by reference and continued in full force and effect upon the adoption of this charter except for the provisions of an ordinance to amend the charter of the City of Macon adopted under the authority of the Municipal Home Rule Act of 1965 and as set forth in Ga. L. 1975, pp. 4841 et seq., and the provisions of an Act of the General Assembly, approved March 22, 1974 (Ga. L. 1974, p. 3129); the provisions of section 57 of an Act of the General Assembly, approved August 27, 1872 (Ga. L. 1872, p. 239); and the provisions of section 2 of an Act of the General Assembly, approved January 7, 1971 (Ga. L. 1971, p. 2485). Section 8-107. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. APPENDIX I. SPECIAL POWERS (a) The city shall have the special powers to: (1) Control, regulate and remove as nuisances if necessary, all slaughter houses and rendering plants within the city and within one mile of the city limits; and (2) To sell, grant, bargain, and convey encroachments only upon that side of the street in blocks only in which encroachments have been previously sold, granted and conveyed, and upon which permanent improvements have been erected; and provided further, that, in order to maintain the unform building line, no encroachment granted hereunder shall extend beyond adjacent or previously granted

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encroachments on those streets in those blocks; provided that in all cases in which it shall hereafter be made to appear to the council that the owner of a lot in the city has caused to be erected and completed on that lot permanent and valuable improvements, which, by mistake or inadvertently, have extended beyond the property line of the lot and into or upon a public street, lane or alley of the city, and that it could not be removed without loss to the owner of the lot, which is disproportioned to the advantage to the public to be gained thereby, the council may in its discretion, upon application made therefor as in other cases of applications for encroachments, grant to the owner of the lot such encroachment upon the street, lane or alley as may be required, in each instance, to conform to and embrace the permanent and valuable improvements, notwithstanding no similar encroachment may have been previously granted to the owner of any lot in the block. The granting of encroachment shall be in accordance with procedures established by ordinance of the council. (b) In addition to any other method of extension of the corporate limits of the city allowed under general State law, territory may be incorporated into the city as provided by this section. Whenever there shall be filed with the council a petition signed by all the owners of property in a given area, continguous to the present corporate limits of the city, or if the area proposed to be annexed would directly abut the corporate boundary if not otherwise separated in full or in part, from the corporate boundary line by land owned by the city or by the definite width of: (1) any street or street right-of-way; (2) any creek or river; (3) or any right-of-way of a railroad or other public service corporation, which petition shall set forth plainly and distinctly the area involved, and shall request that the area therein described shall become a part of the City of Macon, it shall thereupon become the duty of the council to determine whether or not the petition does in fact bear the signatures of all the property owners in the area and whether the land is properly described. Should the council determine that the petition is in order, it shall be lawful for the council to consider the petition and, in its discretion, grant or deny it. Should the council grant the petition, the grant shall be

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accomplished by an ordinance and the territory described in the petition shall thereafter be and become a part of the city, in the same manner and as fully as done by an Act of the General Assembly. (c) The city may acquire, construct and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment or waterworks system, electrical or gas systems, airports, hospitals, and charitable, educational, flood control, recreational, sport, curative, corrective, detentional, penal and medical institutions, areas and facilities, and any other public improvements. The city, by ordinance may establish and enforce rules and regulations necessary to preserve order, peace and dignity on any property or facilities so acquired. Notice of Intention to Apply for Local Legislation. Notice is hereby given that a bill shall be introduced in the 1977 Session of the General Assembly of Georgia to create a new Charter for the City of Macon, Georgia, and for other purposes. Said bills shall be an Act to provide for the continuation of the body politic incorporated under the name of the City of Macon; to provide for the powers and boundaries of said City; to provide for a City Council, a method of election of its members, its powers, organization, compensation and organizational procedures; to provide for a Mayor, a method of election, qualification, compensation and powers and duties; to provide for the conduct thereof and the election and removal from office of elected officials; to provide for appointed officers of the City of Macon; to provide for finance and fiscal affairs of the City, powers of taxation and other revenue; to prescribe and limit borrowing and indebtedness of the City, fiscal control, purchasing, contracting, and disposition of property; to provide for a municipal court and the powers, duties and procedures thereof; to provide for general provisions, ordinances and regulations, contracts and obligations, section captions, severability, effective date, the repeal of specific laws and the repeal of all

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laws and clauses of laws in conflict with said Act, and for other purposes. This 14th day of January, 1977. Andrew W. McKenna City Attorney 200 American Federal Bldg. Macon, Georgia 31202 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 14, 21 and 28, 1977. /s/ Frank Pinkston Representative, 100th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. TOWN OF MORVENELECTION AND TERMS OF MAYOR AND COUNCIL CHANGED. No. 508 (House Bill No. 996). An Act to amend an Act incorporating the Town of Morven in the County of Brooks, approved November 28, 1900 (Ga. L. 1900, p. 365), as amended, so as change the

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provisions relating to the election of the mayor and councilmen; to change the terms of office of the mayor and councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the Town of Morven in the County of Brooks, approved November 28, 1900 (Ga. L. 1900, p. 365), as amended, is hereby amended by adding, following section 4, a new section 4A, to read as follows: Section 4.A. The provisions of section 4 to the contrary notwithstanding, effective with the mayor and councilmen elected in the municipal election to be held in 1978, the mayor and councilmen shall be elected and shall serve for terms of office as provided in this section. The mayor and councilmen who are in office on January 1, 1978, shall serve for the remainder of the unexpired terms to which they were elected. There are hereby created on the council 5 posts, to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4 and Post No. 5. At the municipal election on the first Wednesday in January, 1978, there shall be elected a mayor and 5 councilmen. The persons elected as mayor and as councilmen from Post No. 1 and Post No. 2 shall serve for an initial term of office of one year each. The councilmen elected from Post No. 3, Post No. 4 and Post No. 5 shall serve for initial terms of office of two years each. Thereafter, successors to the mayor and councilmen shall be elected in the municipal election immediately preceding the expiration of the respective terms of office, and the persons so elected as mayor and councilmen shall serve for terms of office of two years each. Section 2 . This Act shall become effective on January 1, 1978. 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 1977 session of the General Assembly of Georgia a bill to amend an act incorporating the Town of Morven, approved November 28, 1900 (Ga. L. 1900, p. 365), as amended and for other purposes. This 21st day of January, 1977. Henry L. Reaves Representative, Brooks County 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 27, February 3, 10, 1977. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF BREMENCORPORATE LIMITS CHANGED. No. 509 (House Bill No. 998). An Act to amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, so as to change the corporate limits of

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the City of Bremen; 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 Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, is hereby amended by adding a new section to be known as section 1B, to read as follows: Section 1B. In addition to the territory embraced within the present corporate limits of the City of Bremen the following described property, including any property in said description which might presently be within the corporate limits of the City of Bremen, shall likewise be embraced within the corporate limits of the City of Bremen: All that tract or parcel of land lying and being in Land Lot No. 215 of the 7th District and 5th section of Haralson County, Georgia, and being more particularly described as follows, to wit: BEGIN at the original Southeast corner of Land Lot No. 215 and run thence West along the South original line of Land Lot No. 215 a distance of 1,500 feet, more or less, to the Eastern right-of-way line of the Syngamore Road; thence run in a Northwesterly direction along the Eastern right-of-way line of said Syngamore Road a distance of 494.5 feet, more or less, to the Southwest corner of the property of Haralson Metals; thence North 74 degrees 45 minutes East a distance of 674.2 feet; thence North 41 degrees 30 minutes West a distance of 133 feet; thence North 34 degrees 45 minutes East a distance of 252 feet; thence North 1 degree 30 minutes East a distance of 385 feet; thence North 25 degrees 30 minutes West a distance of 84.6 feet; thence South 87 degrees 30 minutes West a distance of 1,009.2 feet to the Eastern right-of-way line of Syngamore Road; thence in a Northerly direction along the Eastern right-of-way line of Syngamore Road a distance of 896.5 feet, more or less, to the Southwest corner of the property now or formerly owned by O. J. Mangham; thence South 76 degrees 45 minutes East a distance of 100 feet; thence North 4 degrees 55 minutes West a distance of 220 feet, more or less, but specifically to the Southern right-of-way

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line of U. S. Highway 78; thence in a Easterly direction along the Southern right-of-way line of U. S. Highway 78 a distance of 389.5 feet, more or less, to the Northwestern corner of property now owned by M. L. Lamar; thence South 3 degrees 15 minutes West a distance of 220 feet; thence South 79 degrees 9 minutes East a distance of 425 feet; thence South 79 degrees East a distance of 200 feet; thence South 78 degrees 30 minutes East a distance of 200 feet; thence North 3 degrees 15 minutes East a distance of 30 feet; thence South 81 degrees East a distance of 148.6 feet; thence North 3 degrees 15 minutes East a distance of 190 feet; thence in an Easterly direction along the Southern right-of-way line of U. S. 78 a distance of 885 feet to a point located 20 feet from the point where the East original line of Land Lot No. 215 intersects the Southern right-of-way line of U. S. Highway 78; thence from said point South along the line which is parallel to the Eastern right-of-way line of said Land Lot No. 215 a distance of 1,548.3 feet; thence East along a line parallel to the South line of Land Lot No. 215 a distance of 20 feet, more or less, to the East original line of Land Lot No. 215; thence South along the East original line of Land Lot No. 215 a distance of 186 feet, more or less, to the point of beginning. The above and foregoing description is made in accordance with a plat of the Mangham Subdivision prepared by R. E. Smith, Registered Surveyor No. 262, a copy of which plat is recordeded in Plat Book 2, at page 144, in the office of the Clerk of the Superior Court of Haralson County, Georgia, and which plat is by reference incorporated into and made a part of this description. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to change the corporate limits of the City of

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Bremen; to provide for matters relative thereto; and for other purposes. This 15th day of January, 1977. Robert E. Richie Mayor of the City of Bremen Georgia, Haralson County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County. The following dates, to-wit: February 3, January 27 20, 1977. Sworn to on the 4th day of February, 1977. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 4th day of February, 1977. /s/ Sara Shelnutt Martin Notary Public. (Seal). Approved March 23, 1977. MERIWETHER COUNTY PUBLIC FACILITIES AUTHORITY ACT. No. 510 (House Bill No. 1001). An Act to create the Meriwether County Public Facilities Authority as a public corporation and an instrumentality of the State; to authorize it to hold, own and convey real and personal property and to sue and be sued; to authorize it to enter into intergovernmental contracts and contracts

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with private persons; to confer upon it the power of eminent domain; to authorize it to enter into contracts and leases and to compromise claims and convey property no longer needed by it; to authorize it to accept grants and gifts; to authorize it to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the appointment, qualification and tenure of the commissioners of the Meriwether County Public Facilities Authority; to provide for the time and place of the meeting of the commissioners of the Meriwether County Public Facilities Authority; to provide for the keeping of the minutes and records of the Meriwether County Public Facilities Authority; to authorize the Meriwether County Public Facilities Authority to acquire, construct, equip, maintain and operate projects; to authorize said Authority to acquire the necessary property therefor and to lease or sell any or all of such facilities; to authorize the issuance of revenue bonds of the Authority, payable from the revenues, tolls, fees, charges, and earnings of the Authority including, but not limited to, earnings derived from leases and income from conveyances of real property of the Authority; to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of the State of Georgia, of Meriwether County shall be incurred in the exercise of any powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the issuance of refunding bonds; to fix the venue of actions relating to any provision of this Act and to provide for the validation of bonds issued by the Authority and of contracts between the Authority and the United States, the State or any political subdivision thereof; to confine the activities of the Authority to Meriwether County; to prohibit the Authority from levying any tax; to provide for the separate enactment of each provision of this Act and for the repeal of all laws and parts of laws in conflict herewith; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the Meriwether County Public Facilities Authority Act. Section 2. Meriwether County Public Facilities Authority Created. There is hereby created a body corporate and politic to be known as the Meriwether County Public Facilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title to be known. Said corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. All property owned by said corporation shall be public property held and owned for governmental purposes and shall be exempt from taxation. Section 3. General Powers. The Meriwether County Public Facilities Authority shall have the power: (a) To hold, own and convey real and personal property; (b) To sue and be sued; (c) To have and to use a seal and to alter the same at pleasure; (d) To acquire, construct, purchase, own, equip, operate, extend, improve, lease and sell any project as hereinafter defined; (e) To exercise the powers conferred upon a public corporation or authority by Article IX, Section VI, Paragraph I of the Constitution of Georgia, said Authority being hereby expressly declared to be a public corporation or authority within the meaning of said portion of the Constitution of Georgia; (f) To exercise the power and right of eminent domain in accordance with the provisions of any law now or hereafter

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applicable to the condemnation of property for public use; (g) To accept gifts and bequests for its corporate purposes; (h) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents, and attorneys, and to fix their compensation; (i) To make contracts and leases, and to execute all instruments necessary or convenient, including contracts for the construction or improvement or extension of any project as hereinafter defined; (j) To cancel contracts, to compromise claims against itself, and to dispose of and convey property not required by it for its corporate purposes upon such terms as it may in its discretion deem best; (k) To accept loans and grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (l) To employ the services of any State or national bank having an office within Meriwether County as custodian of the funds belonging to it and as collecting and disbursing agent for any funds belonging to or held by it; (m) To make such rules and regulations with respect to the use by the public of any property owned by it as it shall in its discretion deem proper; (n) To make such rules and regulations governing its employees and property as it may in its discretion deem proper. Section 4. Commissioners; Meetings; Officials; Minutes and Records. (a) The Meriwether County Public Facilities Authority shall be governed by, and its powers shall be exercised by, three commissioners who shall be nominated

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and elected by the Board of Commissioners of Meriwether County. The chairman of the board shall nominate a person for the office of commissioner, and, in the event the board fails to elect the person so nominated, then the chairman shall immediately submit an additional nomination, and in the event the board fails to elect the second person so nominated, then the board shall immediately proceed to nominate and elect the commissioner in question. At the time of the nomination and election of the initial commissioners taking office under the terms of this Act, one commissioner shall be nominated and elected for a term ending December 31, 1977; one commissioner shall be nominated and elected for a term ending December 31, 1978; and one commissioner shall be nominated and elected for a term ending December 31, 1979. Thereafter, the terms of office of the commissioners shall be three years. Whenever any commissioner shall die, resign or be removed from office prior to the expiration of his term of office, his successor shall be nominated and elected as hereinbefore provided to fill his unexpired term. A commissioner shall hold office until his successor shall have been elected and shall have qualified. Commissioners must be over twenty-five years of age; must have resided in Meriwether County for two years prior to their taking office; must be registered electors of Meriwether County; and must not be officers or employees of Meriwether County. Each commissioner must take an oath before entering on the discharge of his duties to the effect that he will faithfully and honestly discharge the duties of his office. At their first meeting each year, the commissioners shall designate one of their number as chairman, and the commissioner so designated shall serve as chairman for the calendar year of such designation. Any commissioner may be removed from office for physical or mental incompetency or for removal from Meriwether County or for malfeasance in office by a two-thirds vote of the Board of Commissioners of Meriwether County after service with written notice upon such commissioner of the charges against him and after he has been accorded a hearing with respect to such charges by the Board of Commissioners of Meriwether County.

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(b) The initial meeting of the commissioners of the Meriwether County Public Facilities Authority shall be held at 7:30 p.m. on the second Wednesday following the nomination and election of the commissioners initially nominated and elected under the terms of this Act. Thereafter, meetings of said commissioners shall be held at 7:30 p.m. on the first Wednesday in January, April, July and October of each year. Additional meetings may be held at such time as the chairman of the commissioners may designate upon the giving of twenty-four hours' written notice in advance of such meeting of each commissioner. All meetings of the commissioners shall be public meetings. The presence of two commissioners shall be necessary at a meeting to constitute a quorum and the concurrence of two commissioners shall be necessary to take action in behalf of and binding upon the Meriwether County Public Facilities Authority. The chairman shall be entitled to vote on all questions coming before the commissioners. Each commissioner shall be entitled to a fee of $25.00 for each meeting of the commissioners at which he is present, or to such other compensation as may hereafter be fixed by law. (c) The clerk of the Board of Commissioners of Meriwether County shall be ex officio clerk and treasurer of the Meriwether County Public Facilities Authority; the county engineer of Meriwether County shall be ex officio engineer of the Meriwether County Public Facilities Authority; and the county attorney of Meriwether County shall be ex officio attorney of the Meriwether County Public Facilities Authority. (d) Minutes of each meeting of the commissioners of the Authority shall be kept under the supervision of the chairman. Such minutes shall constitute public records and shall be filed in the office of the clerk of the Board of Commissioners of Meriwether County. Such additional records of the funds, property and actions of the Authority, as may be required by the commissioners, shall be kept at such place or places as may be designated by the commissioners from time to time. Section 5. Definitions. As used in this Act, the following words and terms shall have the following meanings:

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(a) The word Authority shall mean the Meriwether County Public Facilities Authority created in section 2 of this Act. (b) The word project shall include buildings and related facilities including driveways, walkways and the land upon which the same are located necessary or convenient for the efficient operation of any department or agency of Meriwether County. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after the completion of construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds and obligations as used in this Act shall mean revenue bonds issued by the Authority pursuant to the terms of this Act pledging to the punctual payment of the principal and interest of said bonds all or any parts of the revenues of any designated project or projects. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties

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used, leased and sold in connection, therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 6. Revenue Bonds. The Authority shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of the acquisition, construction, reconstruction, improvement, betterment, or extension of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the Authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be dated, shall bear interest as such rate or rates, shall be payable semiannually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, as such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the revenue bonds. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately. The Authority shall, by such resolution, determine the forms of the revenue bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the revenue bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The revenue bonds may be issued in coupon or registered form, or both, as the Authority may determine; and provision may be made by such resolution for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Revenue Bonds; Execution. In case any officer whose signature shall appear on any bonds or whose

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facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and attested by the clerk and treasurer of the Authority and the official seal of the Authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and clerk and treasurer of the Authority. Section 8. Revenue Bonds; Negotiability and Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation with this State. Section 9. Revenue Bonds; Sale and Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale may be made at a price less than par. Section 10. Revenue Bonds; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution, authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

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Section 11. Revenue Bonds; Replacement of Lost or Mutilated Bonds. The Authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 12. Conditions Precedent to Issuance of Revenue Bonds. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this Act. Section 13. Credit not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or of Meriwether County, but such bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the Authority authorizing the issuance of such bonds. The issuance of such revenue bonds shall not directly, indirectly or contingently obligate the Board of Commissioners of Meriwether County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Revenue Bonds; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, rents, revenues and earnings to be received by the Authority, including the proceeds derived from the sale, from time to time, of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relating to the acquisition of property,

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the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be construed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds pledging all or any part of the revenues and earnings of such project or projects may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 15. Revenue Bonds; to Whom the Proceeds of the Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or to any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Revenue Bonds; Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project

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for which bonds have been issued and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide, and such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources not previously pledged and allocated, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as in this Act provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds issued pursuant to such resolution or trust instrument without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds issued pursuant to such resolution or trust indenture, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 17. Revenue Bonds; Remedies of Bondholders. (a) Any holder of revenue bonds issued under the provisions of this Act, or of any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by a resolution of the Authority passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings

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brought in any court of competent jurisdiction, protect and enforce any and all rights granted under this Act or under such resolution or trust indenture and may enforce and compel the performance of all duties required by this Act or by such resolution or trust indenture to be performed by the Authority, or any officer thereof, including the fixing, charging and collecting of revenue, fees, tolls, and other charges for the use of the facilities and services furnished. (b) In the event that the Authority shall default in the payment of the principal or interest on any of the revenue bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the Authority or any officer thereof shall fail or refuse to comply in any material respect with any agreement made with the holders of the revenue bonds as embodied in the resolution authorizing the issuance of such revenue bonds or the trust indenture securing the same, any holder of such revenue bonds and the trustee under the trust indenture, if any, except to the extent that the rights herein given may be restricted by a resolution of the Authority passed before the issuance of the bonds or by the trust indenture, shall have the right to apply in an appropriate judicial proceeding to any court of competent jurisdiction for the appointment of a receiver of the project or projects, all or a portion of the revenue from which is pledged to the payment of such revenue bonds. Such right shall exist whether or not such revenue bondholder or such trustee therefor is seeking or has sought to enforce any other right in connection with such revenue bonds. Upon such application, the court, if it deems such action necessary for the protection of the bondholders, may appoint and, if the application is made by the holders of twenty-five percent in principal amount of such revenue bonds then outstanding or by a trustee for the holders of such revenue bonds in such principal amount, shall appoint a receiver of such project or projects. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the project or projects and each and every part thereof, and if the court so directs may exclude the Authority, its commissioners, officers, agents and employees

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and all persons, claiming under them wholly therefrom and shall have, hold, use, operate, manage and control the same and each and every part thereof and, in the name of the Authority or otherwise, as to the receiver may seem best, shall exercise all the rights and powers of the Authority with respect to such project or projects as the Authority itself might do. Such receiver shall maintain, restore, insure and keep insured such project or projects and, from time to time, shall make all such necessary or proper repairs as to such receiver may seem expedient and shall establish, levy, maintain and collect such fees, tolls, rentals and other charges in connection with such project or projects as to such receiver may seem necessary or proper and reasonable and shall collect all revenues and shall deposit the same in a separate account and shall apply such revenues so collected and received in such manner as the court shall direct. Whenever all that is due upon said revenue bonds, and interest thereon, shall have been paid or deposited as provided in the resolution of the Authority authorizing the issuance of said bonds or in the trust indenture securing the same, and all default shall have been cured and made good, and it shall appear to the court that no default is eminent, the court shall direct the receiver to surrender possession of such project or projects to the Authority, the same right of the holders of the revenue bonds, or of the trustee of the trust indenture, to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such courts and may be removed thereby. Nothing therein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any of the functions specifically set forth herein. Notwithstanding anything herein contained to the contrary, said receiver shall have no power to sell, assign, mortgage or otherwise dispose of any assets of whatever kind or character belonging to the Authority and useful for such project or projects, but the power of any such receiver shall be limited to the operation and maintenance

Page 3834

of such project or projects; and no court shall have jurisdiction to enter any order or decree requiring or permitting such receiver to sell, assign, mortgage, or otherwise dispose of any such assets. Section 18. Revenue Bonds; Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and any premium required for the payment of such bonds prior to maturity. The issuance of such revenue bonds, the maturities and all the details thereof, the rights of the holders thereof, and the duties of the Authority with respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Venue; Jurisdiction; Service. The principal office of the Authority shall be in Meriwether County and the venue of any action against it shall be in Meriwether County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the Authority shall be brought in the Superior Court of Meriwether County, Georgia, and such court shall have exclusive original jurisdiction of such actions. Service upon the Authority of any process, subpoena or summons shall be effected by serving the same personally upon any commissioner of the Authority. Section 20. Revenue Bonds; Validation. Revenue bonds of the Authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in the Revenue Bond Law (Ga. L. 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761, et seq.), as amended, as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States of America or any department or agency thereof, if subject

Page 3835

to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and are sought to be validated; and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the Authority issuing the same; and the validity of the contract or contracts and of the terms and conditions thereof, when validated, and the judgment of validation shall be final and conclusive against the municipality, county, authority, subdivision or instrumentalty of the United States of America contracting with the Authority if it be a party to the validation proceeding as herein provided for. Section 21. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this section of this Act shall be for the benefit of the Authority and of the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. Section 22. Monies Received Considered Trust Funds. All monies received by the Authority pursuant to this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be the trust funds to be held and applied solely as provided in this Act and in such

Page 3836

resolutions and trust indentures as may be enacted and entered into by the Authority pursuant to this Act. Section 23. Rates, Charges and Revenues of Projects. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, rents and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collections of the revenues and income of such project or projects, as may be specified in the resolution of the Authority authorizing the issuance of revenue bonds, is authorized to issue revenue bonds as in this Act provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge the punctual payment of said bonds and the interest thereon all or any part of the revenues and incomes of such project or projects, including the revenues of improvements or extensions thereto thereafter made or the sale of any of its lands and facilities. Section 24. Projects Confined to Meriwether County. The Authority shall not be authorized to acquire, construct, or extend any project wholly or partially outside the limits of Meriwether County as now constituted. Section 25. Powers Declared Supplemental and Additional. This Act does not in any way take away from Meriwether County or any municipal corporation located therein any power which may have been heretofore conferred upon it by law but is supplemental thereto. Section 26. Authority Without Taxing Power. The Authority shall not have the right to impose any tax on any person or property. Section 27. Liberal Construction of Act. This Act, being for the purpose of promoting the health, morals and general welfare of the citizens of the State of Georgia and of Meriwether County, shall be liberally construed to effect the purposes hereof.

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Section 28. Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of this Act. Section 29. Repeal. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to create the Meriwether County Building Authority; to provide for the powers, duties and responsibilities of the Authority; and for other purposes. This 26th day of January, 1977. 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, 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: February 4, 11, and 18, 1977. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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STEPHENS COUNTY DEVELOPMENT AUTHORITYPAYMENT METHOD FOR POLLUTION CONTROL FACILITIES AUTHORIZED. No. 511 (House Bill No. 1003). An Act to provide that the Stephens County Development Authority is authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project consisting of the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and is necessary for the public welfare; to specify that such projects are undertakings within the scope of the Authority's power; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to an amendment (Ga. L. 1968, p. 1854 et seq.) to Article VII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945 (Article IX, Section IV, Paragraph iii of the Constitution of the State of Georgia of 1976), which amendment was ratified at the General Election in 1968, the Stephens County Development Authority is authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority which includes, and is hereby declared to include, any project consisting of the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and is necessary for the public welfare. Such projects are, and are hereby declared to be, undertakings within the scope of the Authority's power. For the purposes hereof, the term air pollution

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control facility shall mean any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, State or local standards for abatement or control of atmospheric pollutants or contaminants. For the purpose hereof, the term water pollution control facility shall mean any property used in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing or storing pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons and appurtenances thereto, if such facility is in the furtherance of applicable federal, State or local standards for the abatement or control of water pollution or contamination. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that a bill will be introduced in the 1977 Session of the General Assembly of the State of Georgia to provide that the Stephens County Development Authority is authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project consisting of the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any federal, state or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and is necessary for the public welfare; to specify that such projects are undertakings within the scope of the

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Authority's power; to provide an effective date; to repeal conflicting laws; and for other purposes. This 17th day of January, 1977. Jack Irvin Representative Stephens County, 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 to Introduce Legislation was published in the Toccoa Record on the following Dates: January 20, 1977, January 27, 1977 and February 3, 1977. /s/ Charles A. Hamilton Sworn to and subscribed before me this 17th day of February, 1977. /s/ Geraldine C. Jordan, N.P. Notary Public, Georgia, State at Large. My Commission expires April 27, 1980. (Seal). Approved March 23, 1977. JENKINS COUNTY SUPERIOR COURTOFFICE OF THE CLERKPERSONNEL, ETC., AUTHORIZED. No. 512 (House Bill No. 1006). An Act to amend an Act placing the Clerk of the Superior Court of Jenkins County on an annual salary in lieu of the fee system of compensation, approved March 31, 1976

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(Ga. L. 1976, p. 3645), so as to authorize the governing authority of Jenkins County to fix the compensation of the Clerk of the Superior Court of Jenkins County; to provide for minimum compensation for said officer; to authorize the clerk to appoint a deputy clerk; to authorize the clerk to appoint additional deputy clerks, with the approval of the governing authority of Jenkins County; to authorize the governing authority to fix the compensation of such deputy clerks; to provide that the governing authority of Jenkins County shall furnish the clerk of the superior court with the necessary equipment, including a copying machine, to enable said clerk to discharge the duties of his office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Jenkins County on an annual salary in lieu of the fee system of compensation, approved March 31, 1976 (Ga. L. 1976, p. 3645), 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 clerk of the superior court shall receive an annual salary of not less than the minimum salary prescribed by the laws of this State, the exact amount to be determined by the governing authority of Jenkins County, payable in equal monthly installments out of the funds of Jenkins County. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The clerk of the superior court shall have the authority to appoint a deputy clerk. The clerk of the superior court shall have the authority to appoint additional deputy clerks, with the approval of the governing authority of Jenkins County. Deputy clerks shall receive compensation in equal weekly installments out of the funds of Jenkins County, the exact amount to be determined by the governing

Page 3842

authority of Jenkins County. 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 persons who shall be employed as deputy clerks and to prescribe their duties and assignments, and to remove or replace such deputy clerks at will and within his sole discretion. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. The 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, equipment, including a copying machine, 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. 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 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Jenkins County on an annual salary in lieu of the fee system of compensation, approved March 31, 1976 (Ga. L. 1976, p. 3645), so as to authorize the governing authority of Jenkins County to fix the compensation of the Clerk of the Superior Court of Jenkins County; to provide for minimum compensation for said officer; to authorize the clerk to appoint a deputy clerk; to authorize the clerk to appoint additional deputy clerks, with the approval of the governing authority of Jenkins County; to authorize the

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governing authority to fix the compensation of such deputy clerks; and for other purposes. This 10th day of February, 1977. 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 20, 27 and February 3, 1977. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. JENKINS COUNTYOFFICE OF THE SHERIFFPERSONNEL AND COMPENSATION AUTHORIZED. No. 513 (House Bill No. 1007). An Act 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 31, 1976 (Ga. L. 1976, p. 3630), so as to

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authorize the governing authority of Jenkins County to fix the compensation of the Sheriff and the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County; to provide for minimum compensation for said officers; to authorize the sheriff to appoint additional personnel, with the approval of the governing authority of Jenkins County; to authorize the governing authority to fix the compensation of such personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Jenkins County on a salary, approved February 28, 1966 (Ga. L. 1966, p. 2158), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3630), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff shall receive an annual salary of not less than the minimum salary prescribed for sheriffs by the laws of this State, the exact amount to be determined by the governing authority of Jenkins County, payable in equal monthly installments out of the funds of Jenkins County. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. The sheriff shall have the authority to appoint one chief deputy who shall receive an annual salary of not less than six thousand dollars ($6,000.00), the exact amount to be determined by the governing authority of Jenkins County, payable in equal monthly installments out of 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 duties and assignments, and to remove or replace any such chief deputy at will and within his sole discretion.

Page 3845

Section 3. 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. The sheriff shall have the authority to appoint an additional deputy, with the approval of the governing authority of Jenkins County, who shall receive an annual salary of not less than four thousand eight hundred dollars ($4,800.00), the exact amount to be determined by the governing authority of Jenkins County, payable in equal monthly installments out of the funds of Jenkins County. Section 4. Said Act is further amended by adding a new section 5B, immediately following section 5A, to read as follows: Section 5B. The sheriff shall have the authority, with the approval of the governing authority of Jenkins County, to appoint additional deputies who shall receive compensation out of the funds of Jenkins County, the exact amount to be determined by the governing authority of Jenkins County. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 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, so as to authorize the governing authority of Jenkins County to fix the compensation of the Sheriff and the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County; to provide for minimum compensation for said officers; to authorize the Sheriff to appoint additional personnel with the approval of the governing authority of Jenkins County; to authorize the governing authority

Page 3846

to fix the compensation of such personnel; and for other purposes. This 10th day of February, 1977. 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 20, 27 and February 3, 1977. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. STATE COURT OF JENKINS COUNTYGOVERNING AUTHORITY TO SET COMPENSATION OF JUDGE AND SOLICITOR. No. 514 (House Bill No. 1008). An Act to amend an Act establishing the State Court of Jenkins County, approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved March

Page 3847

21, 1968 (Ga. L. 1968, p. 2586), so as to authorize the governing authority of Jenkins County to fix the compensation of the judge and the 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 Jenkins County, approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2586), is hereby amended by adding a new section 2A, immediately following section 2, to read as follows: Section 2A. Notwithstanding any other provisions of this Act to the contrary, the governing authority of Jenkins County is hereby authorized to fix the compensation of the judge and the solicitor of the State Court of Jenkins County. The judge and the solicitor of said court shall each continue to receive their present compensation until such time as their compensation is changed by the governing authority of said 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 1977 session of the General Assembly of Georgia, a bill to amend an Act establishing the State Court of Jenkins County, approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2586), so as to authorize the governing authority of Jenkins County to fix the compensation of the judge and the solicitor of said court; and for other purposes. This 31st day of January 1977. Randolph C. Karrh Representative, 106th District

Page 3848

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: February 3, 10 and 17, 1977. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. JENKINS COUNTY TAX COMMISSIONERMETHOD OF AUTHORIZING COMPENSATION AND ASSISTANTS SET. No. 515 (House Bill No. 1009). An Act to amend an Act creating the office of Tax Commissioner of Jenkins County, approved March 19, 1943 (Ga. L. 1943, p. 1061), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3650), so as to authorize the governing authority of Jenkins County to fix the compensation of the tax commissioner; to provide for minimum compensation for said officer; to authorize the tax commissioner to appoint a deputy clerk; to authorize the governing authority to appoint additional deputy clerks, with the approval of the governing authority of

Page 3849

Jenkins County; to authorize the governing authority to fix the compensation of such deputy clerks; 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, approved March 19, 1943 (Ga. L. 1943, p. 1061), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3650), 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 not less than the minimum salary prescribed for tax commissioners by the laws of this State, the exact amount to be determined by the governing authority of Jenkins County, payable in equal monthly installments out of the funds of Jenkins County. Section 2. Said Act is further amended by striking section 4B in its entirety and inserting in lieu thereof a new section 4B, to read as follows: Section 4B. The tax commissioner shall have the authority to appoint a deputy clerk. The tax commissioner shall have the authority to appoint additional deputy clerks, with the approval of the governing authority of Jenkins County. Deputy clerks shall receive compensation in equal weekly installments out of the funds of Jenkins County, the exact amount to be determined by the governing authority of Jenkins County. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the persons who shall be employed as deputy clerks and to prescribe their duties and assignments, and to remove or replace such deputy clerks at will and within his sole discretion. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3850

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner of Jenkins County, approved March 19, 1943, (Ga. L. 1943, p. 1061), as amended, so as to authorize the governing authority of Jenkins County to fix the compensation of the tax commissioner; to provide for the minimum compensation for said officer; to authorize the tax commissioner to appoint additional deputy clerks, with the approval of the governing authority of Jenkins County; to authorize the governing authority to fix the compensation of such deputy clerks; and for other purposes. This 10th day of February, 1977. 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 20, 27 and February 3, 1977. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3851

JENKINS COUNTYPROBATE COURT JUDGEMETHOD OF AUTHORIZING COMPENSATION AND ASSISTANTS AUTHORIZED. No. 516 (House Bill No. 1010). An Act to amend an Act placing the Judge of the Probate Court of Jenkins County on an annual salary in lieu of the fee system of compensation, approved March 31, 1976 (Ga. L. 1976, p. 3648), so as to authorize the governing authority of Jenkins County to fix the compensation of the Judge of the Probate Court of Jenkins County; to provide for minimum compensation for said officer; to authorize the Judge of the Probate Court to appoint clerical personnel, with the approval of the governing authority of Jenkins County; to authorize the governing authority to fix the compensation of such personnel; to authorize the judge of the probate court to designate and remove such personnel and prescribe their duties and assignments; 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 Jenkins County on an annual salary in lieu of the fee system of compensation, approved March 31, 1976 (Ga. L. 1976, p. 3648), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The judge of the probate court shall receive an annual salary of not less than the minimum salary prescribed for judges of the probate courts by the laws of this State, the exact amount to be determined by the governing authority of Jenkins County, payable in equal monthly installments out of the funds of Jenkins County. Section 2. Said Act is further amended by adding a new section 2A, immediately following section 2, to read as follows: Section 2A. The judge of the probate court shall have

Page 3852

the authority, with the approval of the governing authority of Jenkins County, to appoint clerical personnel who shall receive compensation out of the funds of Jenkins County, the exact amount to be determined by the governing authority of Jenkins 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 persons who shall be employed as clerical personnel and to prescribe their duties and assignments and to remove or replace such deputy clerks at will and within his sole 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 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of Probate Court of Jenkins County on an annual salary in lieu of the fee system of compensation, approved March 31, 1976 (Ga. L. 1976, p. 3648), so as to authorize the governing authority of Jenkins County to fix the compensation of the Judge of the Probate Court of Jenkins County; to provide for minimum compensation for said officer; to authorize the Judge of the Probate Court to appoint clerical personnel, with the approval of the governing authority of Jenkins County; to authorize the governing authority to fix the compensation of such personnel; to authorize the judge of the probate court to designate and remove such personnel and prescribe their duties and assignments; and for other purposes. This 10th day of February, 1977. 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,

Page 3853

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 20, 27 and February 3, 1977. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. TOWN OF SUMMERTOWNTERMS OF MAYOR AND COUNCIL CHANGED TO TWO YEARS. No. 517 (House Bill No. 1011). An Act to amend an Act incorporating the Town of Summertown, approved August 21, 1906 (Ga. L. 1906, p. 1056), so as to change the terms of office of the mayor and councilmen 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 Summertown, approved August 21, 1906 (Ga. L. 1906, p. 1056), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. On the second Monday in December, 1977, and biennially thereafter, an election shall be conducted in the Town of Summertown for a mayor and four councilmen

Page 3854

whose terms of office shall begin immediately upon taking the oath of office after their election. The mayor and each councilman shall hold office until their successors are duly elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of Summertown, approved August 21, 1906 (Ga. L. 1906, p. 1056), so as to change the terms of office of the mayor and councilmen of said town from one year to two years; and for other purposes. This 10th day of January, 1977. 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 Swainsboro Forest-Blade which is the official organ of Emanuel County, on the following dates: January 19, 26 and February 2, 1977. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3855

LONG COUNTYSHERIFF'S AUTOMOBILE EXPENSES PROVIDED. No. 518 (House Bill No. 1016). An Act to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. L. 1963, p. 2021), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3039), so as to change the provisions relating to automobile expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. L. 1963, p. 2021), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3039), is hereby amended by striking from section 2 the following: ten (10) cents, and substituting in lieu thereof the following: 15 cents, so that when so amended, section 2 shall read as follows: Section 2. The sheriff or his deputies may furnish their own automobiles for the performance of the duties of the sheriff's office and shall be compensated by the governing authority of Long County at the rate of 15 cents per mile for all miles traveled within and without said county while using their automobiles in the performance of their official duties. The sheriff shall receive no other compensation for automobile expenses. If the sheriff does not desire to furnish or have his deputies furnish their own automobiles, the sheriff and his deputies shall be relieved of this duty upon the sheriff notifying the governing authority of Long County at least 30 days in advance.

Page 3856

In addition to receiving the salary provided in section 1, the sheriff shall receive an expense allowance of three thousand six hundred ($3,600.00) dollars per annum to be paid in equal monthly installments from the funds of Long County. This expense allowance shall cover the additional expenses incurred by the sheriff while in the performance of his official duties. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend the Act to change the compensation for the Sheriff and deputies for mileage in the use of their automobile in the performance of their official duties. Said bill to be introduced at the request of the Long County Commissioners. Ren D. Kemp Representative, 139th District Dewey D. Rush Representative, 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3857

Ludowici News which is the official organ of Long County, on the following dates: February 3, 10 and 17, 1977. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. McINTOSH COUNTY PROBATE JUDGE'S COMPENSATION CHANGED. No. 519 (House Bill No. 1017). An Act to amend an Act abolishing the fee system of compensating the Judge of the Probate Court of McIntosh County and providing in lieu thereof an annual salary, approved April 23, 1969 (Ga. L. 1969, p. 3369), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3115), so as to change the compensation 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 of compensating the Judge of the Probate Court of McIntosh County and providing in lieu thereof an annual salary, approved April 23, 1969 (Ga. L. 1969, p. 3369), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3115), is hereby amended by striking from section 2 the following:

Page 3858

$10,500, and inserting in lieu thereof the following: $14,500, 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 $14,500, payable in equal monthly installments from the funds of McIntosh County. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to change the compensation of the Judge of the Probate Court; and for other purposes. This 31st day of January, 1977. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates: February 3, 10 and 17, 1977. /s/ Ren D. Kemp Representative, 139th District

Page 3859

Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. McINTOSH COUNTY TAX COMMISSIONERALLOWANCES FOR CLERICAL HELP CHANGED. No. 520 (House Bill No. 1018). An Act to amend an Act abolishing the fee system method of compensating the clerk of the superior court, the sheriff, and the tax commissioner of McIntosh County, and to provide in lieu thereof annual salaries for such officers, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 3003), so as to change the allowances of the tax commissioner of McIntosh County for additional clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system method of compensating the clerk of the superior court, the sheriff, and the tax commissioner of McIntosh County, and to provide in lieu thereof annual salaries for such officers, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 3003), is hereby amended by striking section 11 of said Act in its entirety and inserting in lieu thereof a new section 11, to read as follows: Section 11. The tax commissioner shall be authorized to employ one (1) assistant and fix the compensation of such

Page 3860

assistant at a figure not to exceed $7,200 per annum, payable in equal monthly installments from the funds of McIntosh County. Said assistant shall serve at the pleasure of the tax commissioner. Section 2. This Act shall become effective on July, 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to change the allowances of the Tax Commissioner of McIntosh County for clerical help; and for other purposes. This 31st day of January, 1977. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates: February 3, 10 and 17, 1977. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3861

McINTOSH COUNTYADDITIONAL DEPUTY SHERIFFS AUTHORIZEDCOMPENSATION SET. No. 521 (House Bill No. 1019). An Act to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3644), so as to change the provisions relating to the compensation of certain deputy sheriffs; to provide for additional deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3644), is hereby amended by striking in its entirety section 7 and substituting in lieu thereof the following: Section 7. The sheriff shall be authorized to employ three full-time deputies and to fix their compensation at an amount to be agreed upon by the governing authority of McIntosh County, payable in equal monthly installments from the funds of McIntosh County for each such deputy. The sheriff shall also be authorized to employ two part-time deputies when, in his discretion, he deems such part-time deputies necessary to carry out the official duties of his office. The governing authority of McIntosh County shall fix the compensation of such part-time deputies and it shall be payable monthly from the funds of McIntosh County. The sheriff may, upon the approval of the governing authority of McIntosh County, employ additional full or part-time deputies. Such additional deputies shall receive such compensation as the governing authority of McIntosh County shall approve. The funds authorized by this section shall be available and shall be used only for the purposes herein

Page 3862

provided. Such full-time deputies and part-time deputies shall serve at the pleasure of the sheriff. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to authorize additional deputies and part-time deputies, when authorized and funded by the governing authority; to change the compensation of the part-time deputy sheriffs; and for other purposes. This 31st day of January, 1977. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates: February 3, 10 and 17, 1977. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3863

JOHNSON COUNTY BOARD OF COMMISSIONERSEXPENSE ALLOWANCE CHANGED. No. 522 (House Bill No. 1022). An Act to amend an Act creating a board of commissioners for Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved April 10, 1969 (Ga. L. 1969, p. 2602), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2633), so as to change the expense allowance of the chairman and members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved April 10, 1969 (Ga. L. 1969, p. 2602), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2633), is hereby amended by striking from section 11 thereof the second sentence, which reads as follows: In addition to their salaries, the chairman shall receive an expense allowance of one hundred ($100) dollars per month and each of the other members of the board shall receive an expense allowance of seventy-five ($75) dollars per month., and inserting in lieu thereof a new second sentence, to read as follows: In addition to their salaries, the chairman shall receive an expense allowance of one hundred fifty dollars ($150) per month and each of the other members of the board shall receive an expense allowance of one hundred twenty-five dollars ($125) per month., so that when so amended said section shall read as follows: Section 11. The chairman of said board shall receive an annual salary of $2,400.00 and the other members of said

Page 3864

board shall receive an annual salary of $2,100.00. In addition to their salaries, the chairman shall receive an expense allowance of one hundred fifty dollars ($150) per month and each of the other members of the board shall receive an expense allowance of one hundred twenty-five dollars ($125) per month. Such salaries and expense allowances shall be paid monthly out of the general funds of the county. Shall it be necessary for any member of said board to transact business for the county outside the limits of said County of Johnson, then his or their actual expenses shall also be paid out of the general funds of the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to increase the travel expenses of the three members of the Board of Commission of Roads and Revenues of Johnson County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight which is the official organ of Johnson

Page 3865

County, on the following dates: January 20, 27 and February 17, 1977. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CHATTOOGA COUNTY COMMISSIONER'S COMPENSATION AND POWERS CHANGED. No. 523 (House Bill No. 1023). An Act to amend an Act creating the Office of Commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 2323), so as to change the compensation of the Commissioner; to change certain provisions relative to limits of purchases and emergency powers of the Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Office of Commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, particularly by an Act approved March 28, 1973 (Ga. L. 1973, p. 2323), is hereby amended by striking in its entirety section 5 thereof, which reads as follows: Section 5. (a) The Commissioner shall be compensated in the amount of $10,700.00 per annum, plus the additional

Page 3866

sum to which he may be entitled under the provisions of subsection (b) of this section, to be paid in equal monthly installments from the funds of Chattooga County, and the Commissioner shall devote his full time to the duties of his office. He shall also be reimbursed for his actual expenses incurred in connection with the performance of his duties outside Chattooga County, which shall include reimbursement for expenses incurred at attendance upon meetings of the County Commissioners Association. (b) Effective with the term of office beginning January 1, 1973, the compensation provided in subsection (a) of this section shall be increased in the amount of $800.00 per annum at the beginning of each new four-year term of office, when the incumbent Commissioner is reelected, for a maximum of 5 four-year terms or a maximum salary of $14,000.00 per annum. When a new Commissioner is elected, he shall receive the same compensation, for his first four-year term of office, that the Commissioner whom he succeeded was receiving, and, thereafter, any such Commissioner shall be subject to the periodic increases provided for herein up to the maximum compensation of $14,000.00 per annum., and inserting in lieu thereof a new section 5, to read as follows: Section 5. (a) The Commissioner shall be compensated in the amount of $15,000.00 per annum, plus the additional sum to which he may be entitled under the provisions of subsection (b) of this section, to be paid in equal monthly installments from the funds of Chattooga County, and the Commissioner shall devote his full time to the duties of his office. He shall also receive $100.00 per month as an expense allowance and in addition thereto shall be reimbursed for his actual expenses incurred in connection with the performance of his duties outside Chattooga County, which shall include reimbursement for expenses incurred at attendance upon meetings of the County Commissioners Association. (b) Effective beginning January 1, 1978, the compensation provided in subsection (a) of this section, except for that provided for expenses, shall be increased by 2 percent

Page 3867

per annum. Provided that when the incumbent Commissioner is reelected, such Commissioner's compensation shall be increased as provided herein for each year in office following the year of his reelection, but when a new Commissioner is elected, such compensation for the year in office immediately following the year of his election shall be the same compensation received by the incumbent Commissioner during the year of such election, and the 2 percent per annum increase provided herein shall only apply to those years in office after that year immediately following such election. Section 2. Said Act is further amended by striking in its entirety section 12 thereof, which reads as follows: Section 12. All purchase in excess of fifty dollars ($50.00), including but not limited to, supplies, materials, equipment, road machinery, food and clothing, shall be made upon a sealed competitive bid, and to this end it shall be the duty of the said Commissioner to prepare quarterly an estimate of the county's needs and requirements covering the next quarter and to have such estimate published in the official organ of the county, for which publication the legal rates of advertising shall be paid. The aforesaid estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened, and thereafter filed for two years in the office of the commissioner for public inspection. Said supplies, material, equipment, road machinery, food, clothing, and other items shall be purchased from said lowest bidder, except, that the commissioner is hereby authorized in the exercise of his discretion to reject even the lowest of such bids if it is determined that such lowest bid is too high above the price paid for the same or similar items in surrounding counties. Provided, that if, because of any loss, accident, emergency or cause not foreseen before the same arises, said county shall need to repair any road equipment or trucks, not at any time exceeding in cost two hundred

Page 3868

fifty ($250.00) dollars, per truck, and one thousand ($1,000.00) dollars for heavy road equipment, the same may be repaired without advertising for bids for furnishing the same; but in every case, upon approval of the commissioner., and inserting in lieu thereof a new section 12, to read as follows: Section 12. All purchases of $500 or less, including, but not limited to, purchases of supplies, materials, equipment, road machinery, food and clothing, shall be at the discretion of the Commissioner without the necessity of any competitive bids. All such purchases in excess of $500 shall be made upon a sealed competitive bid, and to this end it shall be the duty of said Commissioner to estimate the county's needs and requirements as often as shall be required, but not less than four times per calendar year and to have said estimate published in the official organ of the county for which publication the legal rates of advertising shall be paid. The aforesaid estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened, and thereafter filed for two years in the office of the Commissioner for public inspection. Said supplies, material, equipment, road machinery, food and clothing, and other items shall be purchased from said lowest bidder, except that the Commissioner is hereby authorized in the exercise of his discretion to reject even the lowest of such bids if it is determined that such lowest bid is too high above the price paid for the same or similar items in surrounding counties. Provided, that if because of any loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to purchase any supplies, materials, food and clothing or other items, the Commissioner is hereby empowered to make said emergency purchases in his discretion and at the best available offer, taking into consideration the emergency situation and the quality and price of said

Page 3869

items purchased. If because of any loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to repair any road equipment, cars or trucks, not at any time exceeding in cost $1,000.00 per vehicle for parts for cars or trucks and $2,500.00 per vehicle for parts for heavy road equipment, the same may be repaired without advertising for bids for furnishing same, provided said county supplies the necessary labor to install said parts and upon approval of the Commissioner. In the event said county does not supply labor to install said parts, the Commissioner is hereby empowered to contract for said labor at the best available price, taking into consideration the emergency situation and need for said equipment. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend section 12 of Ga. L. 1956, p. 2899, same being House Bill No. 414, approved March 6, 1956. The purpose of said amendment is to change the limit of purchases and emergency powers of the Commissioner of Chattooga County, Georgia. This 31st day of January, 1977. Jerry Money Representative, of Chattooga County Notice to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend Ga. L. 1973, p. 2323, same being House Bill No. 639, approved March 28, 1973. The purpose of said amendment is to change the compensation of the Commissioner of Chattooga County, Georgia. This 31st day of January, 1977. Jerry Money Representative, of Chattooga County

Page 3870

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Money 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: February 3, 10 and 17, 1977. /s/ Jerry Money Representative, 5th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. STATE COURT OF COBB COUNTYCLERK'S SALARY CHANGED. No. 524 (House Bill No. 1024). An Act to amend an Act creating the State Court of Cobb County, approved march 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4455), so as to change the salary of the clerk of said court; to provide an effective date; to repeal conflicting laws; and or other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 17, 1975

Page 3871

(Ga. L. 1975, p. 4455), is hereby amended by striking in section 23, the following: The clerk of the State Court shall receive an annual salary of $16,000.00, payable in equal monthly installments from the funds of Cobb County., and substituting in lieu thereof, the following: The clerk of the State Court shall receive an annual salary of $20,000.00, payable in equal monthly installments from the funds of Cobb 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. Section 3. All laws and parts of laws in conflict 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

Page 3872

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: December 24, 31, 1976 and January 7, 1977. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. STATE COURT OF COBB COUNTYSOLICITOR'S COMPENSATION CHANGED. No. 525 (House Bill No. 1025). An Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4501), so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 17, 1975

Page 3873

(Ga. L. 1975, p. 4501), is hereby amended by striking in section 27(b), the following: $24,000.00, and substituting in lieu thereof, the following: $27,000.00, so that when so amended, section 27(b) shall read as follows: (b) The compensation of the solicitor shall be $27,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. Said compensation shall be in lieu of any and all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation in any capacity. The solicitor shall diligently and faithfully undertake to collect all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation for his services in any capacity and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. Said solicitor shall not engage in the private practice of law during the term of office for which he is elected. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the civic [sic] and Criminal Court of

Page 3874

Cobb County, approved March 28, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 24, 31, 1976 and January 7, 1977. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3875

STEPHENS COUNTYBOARD OF EDUCATIONSCHOOL DISTRICTS SET. No. 527 (House Bill No. 1029). An Act to divide the County of Stephens into school districts; to provide for the election of members of the Board of Education of Stephens County; to provide their terms of office and qualifications; to provide for the filling of vacancies on said Board; to provide the powers and duties of said Board; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Composition. The Board of Education of Stephens County shall be composed of seven citizens of said County elected by the voters of said County as hereinafter provided. Section 2. Education Districts. (a) For the purpose of electing the members of said Board of Education, Stephens County is hereby divided into three education districts, to be composed of the territory of Stephens County embraced within the militia districts thereof as follows: Education District 1: All that portion of the Toccoa (440) Militia District known as Toccoa Voting District Number 1. Education District 2: All that portion of the Toccoa (440) Militia District known as Toccoa Voting District Number 2. Education District 3: Wolf Pit (267), Martin (1647), Broad River (1473), Big Smith (215), and Currahee (402) Militia Districts. (b) For the further purpose of electing the members of said Board of Education, the positions on said Board of Education shall be identified as School Board Posts. The Posts shall be numbered and identified as follows: Education District 1, Post 1. Education District 1, Post 2.

Page 3876

Education District 2, Post 1. Education District 2, Post 2. Education District 3, Post 1. Education District 3, Post 2. Stephens County At-Large Post. (c) All members of the Board of Education shall be elected by a majority vote of the qualified voters of the entire County of Stephens 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. Each person offering for election as a member of said Board shall specify the Post for which he is offering. Section 3. Terms. (a) The first members of the Board who shall occupy Education District 2, Post 1, and Education District 3, Post 1, 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. The first member elected to Education District 3, Post 1, as herein defined, shall be the successor in that position presently occupied by Horace Davis, whose term of office would otherwise expire on December 31, 1977, and the term of office of such incumbent is hereby lengthened to expire on December 31, 1978. The first member elected to Education District 2, Post 1, as herein defined, shall be the successor in that position presently occupied by Clem T. Hosa, whose term of office expires December 31, 1978. (b) For the period beginning January 1, 1979, and ending on December 31, 1980, the Board of Education of Stephens

Page 3877

County shall consist of two members elected to Education District 2, Post 1, and Education District 3, Post 1, as provided by subsection (a) of this Act, and the three members of the heretofore existing Board of Education of Stephens County. (c) The first members of the Board who shall occupy Education District 1, Post 1, Education District 3, Post 2, and the Stephens County At-Large Post, shall be elected at the general election of 1980, and shall take office on the first day of January, 1981, 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 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 to Education District 3, Post 2, as herein defined, shall be the successor in that position presently occupied by Dean D. Hayes, whose term of office would otherwise expire on December 31, 1979, and the term of office of such incumbent member is hereby lengthened to expire on December 31, 1980. The first member elected to the Stephens County At-Large Post, as herein defined, shall be the successor in that position presently occupied by Mrs. Mary R. Howard, whose term of office expires December 31, 1980. (d) For the period beginning January 1, 1981, and ending on December 31, 1982, the Board of Education of Stephens County shall consist of the five members elected to Education District 1, Post 1, Education District 2, Post 1, Education District 3, Post 1, Education District 3, Post 2, and the Stephens County At-Large Post as provided by subsections (a) and (c) of this section, and the one member of the heretofore existing Board of Education of Stephens County. (e) The first members of the Board who shall occupy Education District 1, Post 2, and Education District 2, Post 2, shall be elected at the general election of 1982 and shall take office on the first day of January, 1983, for a term of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the

Page 3878

general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified. The first member elected to Education District 2, Post 2, as herein defined, shall be the successor in that position presently occupied by Harold F. Kelley, whose term of office would otherwise expire on December 31, 1981, and the term of office of such incumbent member is hereby lengthened to expire on December 31, 1982. Section 4. Qualifications. Any person shall be eligible to seek election as a member of said Board of Education who shall be a resident of his respective education district at the time of his qualification, election and 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. Present members of the Board of Education shall be qualified to succeed themselves by election as herein provided. Section 5. Vacancies. 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. Section 6. Powers. The Board of Education of Stephens County provided for by this Act shall have all the powers, duties and authorities of the present Board of Education of Stephens County, and all other powers, duties and authorities which may be exercised by county boards of education, and such additional powers, duties and authorities as are provided for said Board in this Act, and shall be subject to all provisions of the laws of this State relative to county boards of education and the members thereof, except as otherwise provided by this Act. Section 7. Referendum. Not less than 45 nor more than 60 days after the date of the approval of this Act by the Governor,

Page 3879

or after it otherwise becomes law, it shall be the duty of the election superintendent of Stephens County to issue the call for an election for the purpose of submitting this Act to the electors of Stephens County for approval or rejection. The superintendent shall set the date of such election for a day not less than 45 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Stephens 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 Stephens County 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, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Stephens County. It shall be the duty of the 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. 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 1977 session of the General Assembly of Georgia, a bill to provide for an elective Board of Education of Stephens County; to provide for other matters relative thereto; to provide for referendum; and for other purposes. This 19th day of January, 1977. Jack Irvin Representative, 10th District

Page 3880

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following dates: January 27, February 3 and 10, 1977. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. STEPHENS COUNTYSCHOOL SUPERINTENDENT AUTHORIZED, ETC. No. 528 (House Bill No. 1030). An Act to provide for the appointment of the County School Superintendent of Stephens County by the Board of Education of Stephens 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: Section 1. Appointment. Effective January 1, 1981, the County School Superintendent of Stephens County shall be

Page 3881

appointed by the Board of Education of Stephens County to serve at the pleasure of said Board of Education, or in accordance with any contract of employment which may be entered into between said Board of Education and said Superintendent. No election for Stephens County School Superintendent shall be held in 1980 or thereafter. The Stephens County School Superintendent as appointed by the Board of Education shall be subject to all constitutional and statutory provisions relative to county school superintendents not in conflict with this Act. Section 2. Vacancy. 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 Stephens County School Superintendent subsequent to this Act becoming effective, the Board of Education of Stephens County shall appoint a County School Superintendent to fill such vacancy. Section 3. Referendum. Not less than 45 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 Stephens County to issue the call for an election for the purpose of submitting this Act to the electors of Stephens County School District for appoval or rejection. The superintendent shall set the date of such election for the same day as that set for the referendum required by that Act passed at the 1977 session of the Georgia Legislature providing for the election of the members of the Stephens County Board of Education. 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 Stephens County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the appointment of the Stephens County School Superintendent by the Board of Education of Stephens County be approved? All person desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection

Page 3882

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, subject to the requirements of section 4 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Stephens County. It shall be the duty of the 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. Additional Requirements for Effectiveness. 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 passed at the 1977 session of the Georgia Legislature providing for the election of the members of the Stephens County County Board of Education be approved at the referendum held as provided by said Act, 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, nothwithstanding the outcome of the referendum provided for by section 3 of this Act. Section 5. 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 1977 session of the General Assembly of Georgia a bill to provide for the appointment of the Superintendent of Schools of Stephens County by the Board of Education of Stephens County in the event an elective Board of Education of Stephens County is established; to provide for other matters relative thereto; to provide for a referendum; and for other purposes. This 19th day of January, 1977. Jack Irvin Representative, 10th District

Page 3883

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following dates: January 27, February 3 and 10, 1977. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. STATE COURT OR TREUTLEN COUNTYJUDGE'S COMPENSATION CHANGED. No. 529 (House Bill No. 1032). An Act to amend an Act establishing the State Court of Treutlen County, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, particularly by an Act approved March 14, 1969 (Ga. L. 1969, p. 2201), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 2938), so as to change the provisions relating to the compensation of the Judge of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Treutlen County, approved August 18, 1919 (Ga. L. 1919, p. 519),

Page 3884

as amended, particularly by an Act approved March 14, 1969 (Ga. L. 1969, p. 2201), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 2938), is hereby amended by striking section 3 of said amendatory Act approved March 14, 1969 (Ga. L. 1969, p. 2201), as amended by said amendatory Act approved April 17, 1973 (Ga. L. 1973, p. 2938), which reads as follows: Section 3. (a) The salary of the judge of said court shall be $4,800 per annum and the salary of the solicitor of said court shall be $2400 per annum. The judge and solicitor may succeed themselves in office. No person is disqualified from serving as solicitor of said court because he holds another county office. (b) All clerical help employed by the State Court of Treutlen County to assist said court in carrying out its functions and duties shall be paid from the funds of Treutlen County., in its entirety, and inserting in lieu thereof a new section 3, to read as follows: Section 3. (a) The salary of the judge of said court shall be fixed by the Board of Commissioners of Treutlen County at not less than $300 per month and not more than $600 per month, payable in monthly installments from the funds of Treutlen County. The salary of such judge shall be fixed during the month of April, 1977, and shall thereafter be fixed annually at the January meeting of the Board of Commissioners of Treutlen County. The salary of the solicitor of said court shall be $2,400 per annum, payable in equal monthly installments from the funds of Treutlen County. The judge and solicitor may succeed themselves in office. No person is disqualified from serving as solicitor of said court because he holds another county office. (b) All clerical help employed by the State Court of Treutlen County to assist said court in carrying out its functions and duties shall be paid from the funds of Treutlen County.

Page 3885

Section 2. 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 undersigned, as Chairman of the Commissioners of Truetlen County, Georgia, will apply to the General Assembly of Georgia at the regular 1977 session for the passage of a local bill to amend the act creating the City Court of Soperton (renamed State Court of Treutlen County) approved August 18, 1919, and all acts amendatory thereto, so as to change the compensation of the Judge of said Court, and for other purposes. This 24th day of January, 1977. Jim L. Gillis, Jr. Chairman, Commissioners Treutlen County, Georgia 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 Soperton News which is the official organ of Treutlen County, on the following dates: January 27, February 3 and 10, 1977. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3886

STATE COURT OF TREUTLEN COUNTYJURY TRIAL PROVISIONS CHANGED. No. 530 (House Bill No. 1033). An Act to amend an Act creating the State Court of Treutlen County, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended by an Act approved August 10, 1920 (Ga. L. 1920, p. 390), so as to change the provisions relating to trials by Jury in said court; to repeal the provisions providing for a jury of 12; 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 Treutlen County, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended by an Act approved August 10, 1920 (Ga. L. 1920, p. 390), is hereby amended by striking from section 18 the following: Either party in a civil cause or defendant in criminal cause pending in City Court of Soperton, shall be entitled on demand therefor, to a jury of twelve (12) to try such cause, provided, that demand for a trial by jury of twelve (12) is made in writing on or before the first day of the term at which such cause is tried. In all cases where a jury of twelve is demanded as hereinbefore provided, each party to such cause shall be furnished on the call of such cause for trial a list of twenty-four (24) jurors and each party shall have the right to peremptorily challenge or strike six of the jurors whose names appear on the said list of twenty-four (24), and the remaining twelve (12) jurors shall constitute the jury to try such cause. Section 2. 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 undersigned, as Chairman of the Commissioners of Treutlen County, Georgia, will

Page 3887

apply to the General Assembly of Georgia at the regular 1977 session for the passage of a local bill to amend the act creating the City Court of Soperton (renamed State Court of Treutlen County) approved August 18, 1919, and all acts amendatory thereto, so as to change the compensation of the Judge of said Court, and for other purposes. This 24th day of January, 1977. /s/ Jim L. Gillis, Jr. Chairman, Commissioners Treutlen County, Georgia 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 Soperton News which is the official organ of Treutlen County, on the following dates: January 27, February 3 and 10, 1977. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3888

STEWART COUNTY DEPUTY SHERIFF'S COMPENSATION CHANGED. No. 531 (House Bill No. 1034). An Act to amend an Act abolishing the present method of compensating the Sheriff of Stewart County, known as the fee system, and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2573), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2930), so as to change the compensation of the sheriff's 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 abolishing the present method of compensating the Sheriff of Stewart County, known as the fee system, and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2573), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2930), is hereby 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 sheriff shall have the authority, upon approval of the governing authority of the county, to appoint a deputy who shall be compensated in the amount of $7,200.00 per annum for the period beginning on the effective date of this Act and extending to December 31, 1977, and in the amount of $8,400.00 per annum for the period beginning January 1, 1978, and extending thereafter. Such compensation shall be increased on January 1, 1981, and on such date in each fourth year thereafter, by an amount equal to 5% of the deputy's compensation on the day immediately preceding the day of any such increase; provided, that the said compensation shall not exceed an amount of $9,100.00 per annum. The deputy's compensation shall be payable in equal monthly installments from the funds of Stewart County. The sheriff shall also have the authority to appoint extra deputies or other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of

Page 3889

his office. However, the governing authority of said county shall approve such deputies or other personnel and shall fix their compensation. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputy, extra deputies, or other personnel and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an act abolishing the present method of compensating the Sheriff of Stewart County, known as the fee system, and providing in lieu thereof an annual salary, approved Feb. 28, 1966 (Georgia L. 1966, p. 2573), as amended, so as to change the compensation of the Sheriff's deputy; to provide an effective date; and for other purposes. This 31st day of January, 1977. /s/ Don Castleberry Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3890

Stewart Webster Journal which is the official organ of Stewart County, on the following dates: February 3, 10 and 17, 1977. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1980. Approved March 23, 1977. WEBSTER COUNTYSHERIFF'S PERSONNELCOMPENSATION CHANGED. No. 532 (House Bill No. 1035). An Act to amend an Act placing the Sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2425), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2338), so as to change the provisions relating to the compensation of personnel; to change the salary of the deputy sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2425), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2338), is hereby amended by striking from section 5 the following: one hundred and seventy-five dollars ($175.00),

Page 3891

and inserting in lieu thereof the following: three hundred dollars ($300.00), so that when so amended, section 5 shall read as follows: Section 5. The sheriff shall have exclusive jurisdiction over the personnel employed by his office, and it shall be within his sole discretion and authority to employ and discharge all such personnel. The compensation of all such personnel shall be fixed by the governing authority of the county; provided, however, that the person employed as the deputy sheriff shall receive a salary in the amount of three hundred dollars ($300.00) per month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Webster County upon an annual salary in lieu of the fee system of compensation approved March 21, 1974 (Ga. L. 1974 p. 2338), as amended, so as to change the salary of the sheriff's deputy; to provide an effective date; to repeal conflicting laws; and for other purposes. This 1st day of February, 1977. 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

Page 3892

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 Webster County, on the following dates: February 3, 10 and 17, 1977. /s/ Don Castleberry Representative, 111th District. Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CHATTAHOOCHEE COUNTY SHERIFF'S SALARY PROVIDED, ETC. No. 533 (House Bill No. 1036). An Act to provide for the salary of the Sheriff of Chattahoochee 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. Whereas, pursuant to authority of the Constitution, Article VII, Section IV, Paragraph II, providing for the office of Sheriff of Chattahoochee County, approved April 5, 1972 (Ga. L. 1972, p. 1372) (ratified November 7, 1972), the salary of the sheriff shall be as hereinafter provided. Section 2. The Sheriff of Chattahoochee County shall receive an annual salary of not less than the annual minimum salary provided by general law for sheriffs, provided that in calculating the population of Chattahoochee County for such purposes, the number of persons residing on Fort Benning property shall not be included in the population of the county. Such salary shall be payable in equal monthly installments

Page 3893

from the funds of Chattahoochee County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1977 Session of the General Assembly of Georgia a bill to change the compensation of the Sheriff of Chattahoochee County; to repeal conflicting laws; and for other purposes. Wade Coleman, (LS) Chairman Chattahoochee County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following dates: January 14, 21 and 24, 1977. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3894

CITY OF TIFTONANNEXATION REFERENDUM AUTHORIZED. No. 534 (House Bill No. 1037). An Act to amend an Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved March 1, 1939 (Ga. L. 1939, p. 1360), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2696), so as to extend the corporate limits of the City of Tifton; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved March 1, 1939 (Ga. L. 1939, p. 1360), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2696), is hereby amended by adding to section 2 thereof the following: In addition to the area now embraced within the corporate limits of the City of Tifton, the following described area and property shall likewise be embraced within the corporate limits of said city, so that the corporate limits of the City of Tifton will be defined, located and described as follows: All that tract or parcel of land lying and being in Land Lots 216, 217, 242, 243, 244, 245, 246, 260, 261, 262, 263, 264, 265, 288, 289, 290, 291, 292, 293, 306, 307, 308, 309, 310, 311, 333, 334, 335, 336, 337, 338, 339, 353, 354, 355, 356, 357, 380, 381 and 382 of the Sixth Land District of Tift County, Georgia, and being more particularly described as follows: Begin where the East margin of Interstate Highway 75 intersects with the North margin of Fulwood Road in Land Lot 244 of the Sixth Land District of Tift County, Georgia: THENCE FROM SUCH BEGINNING POINT run Eastward along the North margin of Fulwood Road 4050.08 feet, more or less, to the West margin of the Waterloo Road; thence run North along the West margin of the

Page 3895

Waterloo Road 1112.47 feet; thence South 66 23[UNK] 35[UNK] East 2414.94 feet along the North margin of 40th Street; thence South 23 36[UNK] 25[UNK] West 5.00 feet along the North margin of 40th Street; thence South 66 23[UNK] 35[UNK] East 499.26 feet along the North margin of 40th Street; thence South 89 40[UNK] 45[UNK] East 2269.70 feet along the North margin of 40th Street to the West Land Lot Line of Land Lot 243; thence continue South 89 40[UNK] 45[UNK] East 233.02 feet; thence South 00 47[UNK] 00[UNK] East 542.17 feet; thence South 30 20[UNK] 00[UNK] East 181.69 feet; thence South 08 24[UNK] 00[UNK] West 115.48 feet; thence South 30 06[UNK] 00[UNK] West 141.09 feet; thence South 00 06[UNK] 00[UNK] West 271.18 feet; thence North 85 44[UNK] 30[UNK] West 199.46 feet; thence run Southward along the East margin of Lulwater Drive 2332.13 feet, more or less, to the North margin of Old Ocilla Highway; thence run North 38 16[UNK] 10[UNK] East 77.54 feet along the North margin of Old Ocilla Highway; thence South 35 37[UNK] 40[UNK] East 1415.92 feet; thence South 72 31[UNK] 30[UNK] West 667.32 feet; thence South 33 18[UNK] 40[UNK] East 424.08 feet; thence South 71 30[UNK] 50[UNK] East 1890.19 feet to the East margin of the Seaboard Coastline Railroad (formerly Atlantic Coastline Railroad) right-of-way; thence Southward along the East margin of the Seaboard Coastline Railroad right-of-way 2510.48 feet; thence run South 44 40[UNK] 30[UNK] East 1057.42 feet to the North margin of Ferry Lake Road; thence run North 68 59[UNK] 20[UNK] East 257.23 feet along the North margin of Ferry Lake Road; thence run Southward along the run of New River 4210.54 feet, more or less, to the South margin of U. S. Highway 319; thence run South 43 33[UNK] 40[UNK] West along the South margin of U. S. Highway 319 775.99 feet; thence run Southeastward along the run of New River 2061.54 feet, more or less, to the South margin of a dirt road; thence run South 50 39[UNK] 30[UNK] West 414.30 feet to the North margin of U. S. Highway 82; thence run South 06 20[UNK] 35[UNK] East 972.41 feet along the East margin of a dirt road; thence continue along the East margin of such dirt road South 53 30[UNK] 40[UNK] East 1050.18 feet; thence continue along the East margin of such dirt road South 00 18[UNK] 50[UNK] East 1196.49 feet; thence continue along the East margin of such dirt road South 32 54[UNK] 45[UNK] East 84.25 feet to the North margin of Lower Brookfield Road; thence run Southeastward and thence Southward along the North and East margin of

Page 3896

Lower Brookfield Road 3420.88 feet; thence South 76 18[UNK] 00[UNK] West 199.11 feet; thence South 76 18[UNK]00[UNK] West 136.84 feet; thence South 53 51[UNK] 35[UNK] West 386.18 feet; thence South 61 00[UNK] 00[UNK] West 675.00 feet; thence South 70 26[UNK] 30[UNK] West 511.72 feet; thence South 29 55[UNK] 00[UNK] West 379.20 feet; thence South 07 12[UNK] 25[UNK] West 927.46 feet; thence South 06 55[UNK] 15[UNK] West 501.75 feet; thence South 09 20[UNK] 25[UNK] East 1100.58 feet; thence South 17 48[UNK] 05[UNK] East 398.84 feet; thence run South 61 15[UNK] 35[UNK] West 830.98 feet to the South margin of Georgia Highway 125; thence run Northwestward along the South margin of Georgia Highway 125 5757.02 feet, more or less, to the East margin of U. S. Highway 41; thence Southward along the East margin of U. S. Highway 41 2920.38 feet, more or less, to the South margin of Southwell Boulevard; thence run Westward along the South margin of Southwell Boulevard across Interstate Highway 75 1285.29 feet, more or less, to the West margin of Interstate Highway 75; thence run Northward and thence Northwestward along the West margin of Interstate Highway 75 6941.03 feet, more or less, to the South margin of Golden Road; thence run Westward along the South margin of Golden Road 5415.32 feet, more or less, to the West margin of U. S. Highway 319; thence run Northward along the West margin of U. S. Highway 319 3493.94 feet; thence North 00 10[UNK] 00[UNK] East 571.28 feet; thence continue North 00 10[UNK] 00[UNK] East 603.00 feet; thence North 75 12[UNK] 05[UNK] West 1848.96 feet; thence North 26 27[UNK] 40[UNK] West 114.63 feet; thence North 26 04[UNK] 40[UNK] West 92.25 feet; thence South 52 22[UNK] 05[UNK] West 195.38 feet; thence North 25 23[UNK] 20[UNK] West 71.53 feet; thence South 69 06[UNK] 50[UNK] West 469.69 feet; thence South 69 01[UNK] 40[UNK] West 462.14 feet; thence South 69 15[UNK] 00[UNK] West 974.61 feet; thence continue South 69 15[UNK] 00[UNK] West 114.17 feet to the West margin of Carpenter Road; thence Northward along the West margin of Carpenter Road 14,885.63 feet, more or less, to the North margin of a Georgia Power Company easement; thence run Northeastward along the North margin of such Georgia Power Company easement 10,749.98 feet, more or less, to the East margin of Interstate Highway 75; thence Southward along the East margin of Interstate Highway 75 3570.25 feet, more or less, to the beginning point.

Page 3897

Section 2. If this Act is approved in the referendum provided for in section 3, the provisions of section 1 shall become effective January 1, 1978. Section 3. After the date of approval of this Act by the Governor, it shall be the duty of the election superintendent of Tift County to issue a call for an election for the purpose of submitting this Act to the electors of the City of Tifton and to the electors of Tift County who reside in the area proposed to be annexed by this Act for approval or rejection. The votes cast by the electors of the City of Tifton and the votes cast by the electors who reside in 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, provided that such election shall be conducted prior to January 1, 1978. 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 Tift County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act extending the corporate limits of the City of Tifton 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 by the electors of the City of Tifton and if more than one-half of the votes cast on such question by the electors who reside 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 of no force and effect. The expense of such election shall be borne by the City of Tifton. It shall be the duty of the election superintendent of Tift County to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3898

Section 4. All laws and parts of laws in conflict with this are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1977 Regular Session of the General Assembly of Georgia a Bill to provide a new Charter for the City of Tifton in Tift County, Georgia; to set forth the city limits; to provide a governing body, an executive branch and a judicial branch of the City of Tifton; to provide for elections and for other purposes. Ellis Brown Chairman of City Commission of City of Tifton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey 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 Tifton Gazette which is the official organ of Tift County, on the following dates: January 8, 15, and 22, 1977. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3899

CLAYTON JUDICIAL CIRCUITOFFICIAL COURT REPORTERS' COMPENSATION CHANGED. No. 535 (House Bill No. 1039). An Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved March 4, 1970 (Ga. L. 1970, p. 148), so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved March 4, 1970 (Ga. L. 1970, p. 148), is hereby amended by striking the words, symbols and figure eight thousand six hundred ($8,600.00) dollars in section 1 in their entirety and inserting in lieu thereof the words, symbols and figure nine thousand eight hundred dollars ($9,800.00), so that section 1, when so amended, shall read as follows: Section 1. The official court reporters of the Clayton Judicial Circuit composed of Clayton County shall be compensated in an amount not to exceed nine thousand eight hundred dollars ($9,800.00) per annum each, to be set by the Chief Judge of the Superior Court of said circuit. Such compensation shall be paid in annual monthly installments from the funds provided for such purposes by Clayton County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1977.

Page 3900

BANKS COUNTYSHERIFF'S AUTOMOBILE AND NECESSARY EQUIPMENT AUTHORIZED. No. 536 (House Bill No. 1040). An Act to amend an Act placing the Sheriff of Banks County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2086), so as to provide that the governing authority of Banks County shall furnish the sheriff with the necessary automobiles and equipment for the proper operation of his office including communications equipment, maintenance, repairs, gas and oil for said automobiles; to provide for the replacement and disposition of the replaced automobiles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Banks County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2086), is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. The governing authority of Banks County shall furnish the sheriff with the necessary automobiles and equipment for the proper operation of his office including communications equipment, maintenance, repairs, gas and oil for said automobiles. Whenever said automobiles shall have traveled 150,000 miles or are two years old or are no longer serviceable, the governing authority shall replace and dispose of such automobiles in the manner that it deems best for the county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of intent to introduce local legislation regarding the regulation of the number of deputy sheriffs and the

Page 3901

number of automobiles used in the operation of the Banks County Sheriff's Office and expenditures for maintenance and repairs for the Banks County Sheriff's Department vehicles. 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 Banks County Journal which is the official organ of Banks County, on the following dates: January 19, 26 and February 2, 1977. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BANKS COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 537 (House Bill No. 1041). An Act to amend an Act creating a Board of Commissioners of Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved April 12, 1971 (Ga. L. 1971, p. 4081), so as to change the compensation of the chairman and the other members of

Page 3902

the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved April 12, 1971 (Ga. L. 1971, p. 4081), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The chairman of said board shall receive an annual salary of $7,000.00 per year for the remainder of the calendar year 1977; beginning January 1, 1978, the chairman of said board shall receive an annual salary of $9,000.00; and beginning January 1, 1979, the chairman of said board shall receive an annual salary of $10,000.00. The other members of the board shall receive an annual salary of $1,800.00. Beginning January 1, 1981, the other members of the board shall receive an annual salary of $2,400.00. Said sums shall be paid from the funds of Banks County. The chairman and other members of the board shall receive no other or further compensation or expenses for their services as members of the board; but, upon a motion duly made and adopted by the board, the chairman or other members may be compensated for any work performed for the county not in their capacity as chairman or as a member of the board, and the amount of such compensation shall be the same as the regular rate paid to county employees for such work. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of intent to introduce local legislation regarding the adjustments of salaries of elected Banks County officials.

Page 3903

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 Banks County Journal which is the official organ of Banks County, on the following dates: January 19, 26 and February 2, 1977. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BANKS COUNTYCORONER'S SALARY AND EXPENSES AUTHORIZED. No. 538 (House Bill No. 1042). An Act to provide a salary for the Coroner of Banks County; to provide for reimbursement by the governing authority of Banks County of all necessary expenses incurred by the coroner in fulfilling his duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Coroner of Banks County shall receive a salary of $50.00 per month, payable by the governing authority of Banks County out of the funds of Banks County.

Page 3904

Section 2. The coroner shall be reimbursed by the governing authority of Banks County for all necessary expenses incurred by the coroner in the operation of his office and in fulfilling his duties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of intent to introduce local legislation regarding the adjustments of salaries of elected Banks County officials. 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 Banks County Journal which is the official organ of Banks County, on the following dates: January 19, 26 and February 2, 1977. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 16th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3905

STEPHENS COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 539 (House Bill No. 1043). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens, approved March 22, 1937 (Ga. L. 1937, pp. 1415, et seq.), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2131), so as to change the compensation of said Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of of Roads and Revenues in the County of Stephens, approved March 22, 1937 (Ga. L. 1937, pp. 1415, et seq.), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2131), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 which shall read as follows: Section 8. The Chairman of the Board of Commissioners shall be compensated in the amount of $400.00 per month, and the other members of the Board of Commissioners shall be each compensated in the amount of $350.00 per month, payable from the funds of Stephens County. Section 2. This Act shall become effective January 1, 1979. Section 3. All laws 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 1977 Session of the General Assembly of the State of Georgia to change the compensation of the members of the Stephens

Page 3906

County Board of Commissioners as requested by said Commissioners, and for other purposes. This 1st day of February, 1977. /s/ Jack Irvin Representative, Tenth District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following dates: February 3, 10 and 17, 1977. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF SMYRNA CHARTER AMENDEDCORPORATE LIMITS INCREASED. No. 540 (House Bill No. 1044). 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

Page 3907

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 1-1030, which shall read as follows: Section 1-1030. There shall be included in the corporate limits of the City of Smyrna all of the area embraced within the following described tracts and parcels of land: PARCEL ONE: All that tract or parcel of land lying and being in Land Lots 266, 239, 265 and 311, 17th District, 2nd Section Cobb County, Georgia as per plat of survey made by Southern Surveying Mapping Co., Inc., dated February 23, 1976, as revised April 14, 1976, and being more particularly described as follows: BEGINNING at an iron pin at the northeast corner of Land Lot 266; running thence South 0 degrees 5 minutes 24 seconds West along the east Land Lot line of Land Lot 266 a distance of 363.59 feet to an iron pin; running thence South 66 degrees 42 minutes 46 seconds East a distance of 683.87 feet to an iron pin on the northwest side of Concord Road; running thence Southwesterly along the northwest side of Concord Road a distance of 587.96 feet to an iron pin; running thence North 54 degrees 49 minutes 40 seconds West a distance of 170 feet to an iron pin; running thence North 35 degrees 10 minutes 20 seconds East a distance of 204.79 feet to an iron pin on the southeast side of Oak Drive; running thence Northwesterly along the southeast side of Oak Drive 79.85 feet to an iron pin; running thence North 63 degrees 09 minutes 01 seconds West 176.31 feet to an iron pin; running thence North 48 degrees 28 minutes 48 seconds West along the southwesterly side of said road and following

Page 3908

the curvature thereof a distance of 208.86 feet to an iron pin; running thence North 33 degrees 48 minutes 31 seconds West a distance of 238.11 feet to an iron pin; running thence North 61 degrees 40 minutes 48 seconds West a distance of 130.90 feet to an iron pin; running thence North 89 degrees 33 minutes 06 seconds West a distance of 577.84 feet to an iron pin; running thence South 44 degrees 35 minutes 06 seconds West and following the curvature thereof a distance of 160.09 feet to an iron pin; running thence South 1 degrees 16 minutes 42 seconds East a distance of 624.40 feet to an iron pin; running thence South 79 degrees 18 minutes 00 seconds East a distance of 626.45 feet to an iron pin; running thence South 38 degrees 43 minutes 14 seconds East and following the curvature of said road a distance of 90.96 feet to an iron pin on the northerly side of Early Parkway; running thence North 88 degrees 12 minutes 13 seconds west a distance of 50.15 feet to an iron pin; running thence South 39 degrees 44 minutes 41 seconds West a distance of 210.20 feet to an iron pin; running thence North 88 degrees 11 minutes 16 seconds West a distance of 718 feet to an iron pin at the west Land Lot line of Land Lot 265; running thence North 1 degrees 16 minutes 42 seconds West a distance of 915.70 feet along said Land Lot line; running thence North 89 degrees 03 minutes 56 seconds West 100.48 feet to an iron pin; running thence North 0 degrees 40 minutes 36 seconds East a distance of 220.30 feet to an iron pin; running thence North 0 degrees 23 minutes 39 seconds West a distance of 229.70 feet to an iron pin; running thence South 88 degrees 20 minutes 13 seconds East a distance of 259.37 feet to an iron pin; running thence South 88 degrees 23 minutes 14 seconds East a distance of 50.75 feet to an iron pin; running thence South 88 degrees 27 minutes 58 seconds East a distance of 152.94 feet to an iron pin; running thence South 89 degrees 33 minutes 06 seconds East a distance of 934.09 feet to an iron pin at the northeast corner of Land Lot 266 and the point of BEGINNING. Said PARCEL ONE being a part of Ward 7 as provided in Ga. L. 1965, p. 3023, as amended.

Page 3909

PARCEL TWO: All that tract or parcel of land lying and being in Land Lot 276 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin at the corner formed by the intersection of the Southerly side of Pat Mell Road and the Westerly side of Frank Lane; running thence South a distance of 421.43 feet to an iron pin at the centerline of an unnamed branch; running thence southwesterly along the centerline of said branch and following the meanderings thereof a distance of 180.14 feet, more or less, to an iron pin; running thence north 1 degree 14 minutes 6 seconds west a distance of 545 feet to an iron pin on the Southerly side of Pat Mell Road; running thence Easterly along the Southerly side of Pat Mell Road a distance of 125.6 feet to an iron pin and the point of BEGINNING. Said PARCEL TWO being a part of Ward 6 as provided by Ga. L. 1965, p. 3023, as amended. PARCEL THREE: All that tract or parcel of land lying and being in Land Lots 629 and 630 17th District, 2nd Section, Cobb County, Georgia, and being more fully described as follows: BEGINNING at the point where the east line of Land Lot 629 intersects the northerly side of the right of way of the W A Railway; thence running north 1 degree 39 minutes east along the easterly side of Land Lots 629 and 630 for a distance of 708 feet to a point located in the center line of a stream; thence northwesterly along the centerline of said stream for a distance of 615.6 feet to a point and corner; thence south 1 degree 39 minutes west a distance of 541.8 feet to a point located on the northerly side of the W A Railway right of way; thence southeasterly along the northeasterly side of the right of way of W A Railway for a distance of 670.9 feet to the point of BEGINNING. Said PARCEL THREE being a part of Ward 1 as provided in Ga. L. 1965, p. 3023, as amended.

Page 3910

PARCEL FOUR: All that tract or parcel of land lying and being in Land Lot 666, 17th District of Cobb County, Georgia being more particularly described as follows: BEGINNING at a point on the northern right of way line of Corn Road a 40 foot right of way where the same is intersected by the western right of way line of Elmwood Drive, a 40 foot right of way; thence running in a westerly direction along the north right of way line of Corn Road a distance of 180 feet to an iron pin and corner; thence running in a northerly direction a distance of 199 feet to an iron pin and corner; thence in an easterly direction a distance of 180 feet to an iron pin and corner on the western right of way line of Elmwood Drive; thence in a southerly direction along the western right of way line of Elmwood Drive a distance of 194.3 feet to an iron pin and the point of BEGINNING. Said PARCEL FOUR being a part of Ward 2 as provided by Ga. L. 1965, p. 3023, as amended. PARCEL FIVE: All that tract or parcel of land lying and being in Land Lot 528 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the eastern side of King Springs Road with the northeastern side of South Cobb Drive, run northerly along the eastern side of King Springs Road a distance of 263.1 feet to an iron pin set; thence north 89 degrees 11 minutes 40 seconds east a distance of 457.3 feet to an iron pin set on the east line of Land Lot 528; thence south along the east line of Land Lot 528, 0 degrees 48 minutes 20 seconds west a distance of 385.0 feet to an iron pin set at the common corner of Land Lots 528, 553, 552 and 529; thence south along the south line of Land Lot 528, 88 degrees 51 minutes 50 seconds west a distance of 404.3 feet to a point being the intersection of the south line of Land Lot 528 with the northeastern side of South Cobb Drive; thence north along the northeastern side of South

Page 3911

Cobb Drive 39 degrees 16 minutes 40 seconds west a distance of 192.1 feet to the point of beginning; all as shown on plat of survey prepared for King-Williams Realty Mortgage, Inc. by R. Dan Lord, Surveyor, dated July 20, 1970 and last revised November 1, 1972. Said PARCEL FIVE being a part of Ward 2 as provided by Ga. L. 1965, p. 3023, as amended. PARCEL SIX: All that tract or parcel of land lying and being in original Land Lot No. 529 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin on the northeasterly right of way of South Cobb Drive, said beginning point being located 190 feet Southeasterly as measured along the northeasterly side of South Cobb Drive from the intersection of the Southerly right of way of King Springs Road and the Northeasterly side of South Cobb Drive, said pin and beginning point also being on the Northeasterly side of South Cobb Drive where the line dividing Land Lots 528 and 529 intersects with the Northeasterly right of way of South Cobb Drive; thence South 40 degrees 02 minutes East along the northeasterly right of way of South Cobb Drive for a distance of 626.66 feet to a point and corner where the East line of Land Lot 529 intersects the Northeasterly right of way of South Cobb Drive; thence North 00 degrees 30 minutes West along said Land Lot line for a distance of 475 feet to the Northeast corner of said Land Lot No. 529; thence North 89 degrees 19 minutes West along the north original line of said Land Lot No. 529 for a distance of 398.96 feet to the point of BEGINNING. Said PARCEL SIX being a part of Ward 2 as provided by Ga. L. 1965, p. 3023, as amended. PARCEL SEVEN: All that tract of land lying and being in Land Lot 528, 17th District, 2nd Section, Cobb County, Georgia.

Page 3912

BEGINNING at a point where the Easterly right of way line of South Cobb Drive intersects the Westerly right of way line of King Springs Road for the point of Beginning; thence running north 39 degrees 38 minutes west a distance of 1,154.7 feet along the east side of South Cobb Drive to a point; thence running north 03 degrees 33 minutes east a distance of 155.2 feet along the Land Lot line of Land Lot 481 and Land Lot 528 to a point; thence running north 39 degrees 50 minutes East a distance of 73.5 feet to a point; thence running south 82 degrees 26 minutes east, 531.9 feet along the Land Lot line of Land Lot 527 and 528 to a point on the westerly right of way line of King Springs Road; thence running South 10 degrees 11 minutes east 754.8 feet along the right of way line on the west side of King Springs Road to a point; thence running an Arc = 100.2 feet south 04 degrees 38 minutes east along the right of way line on the west side of King Springs Road to a point; thence running in Arc = 100.2 feet, South 07 degrees 32 minutes west along the right of way line on the west side of King Springs Road to a point; thence running 100 feet south 12 degrees 37 minutes west along the right of way line on the west side of King Springs Road to a point; thence running in an Arc = 100.6 feet south 17 degrees 34 minutes west along the right of way line on the west side of King Springs Road to a point and the point of BEGINNING. Said PARCEL SEVEN being a part of Ward 2 as provided by Ga. L. 1965, p. 3023, as amended. 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.

Page 3913

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. 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 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the January-February 1977 session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna, Georgia (Ga. L. 1931 p. 955, et seq.) as heretofore amended: and for other purposes. This 24th day of December, 1976. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators. A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on oath,

Page 3914

deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 24, 31, 1976 and January 7, 1977. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF CUMMINGTERMS OF MAYOR AND COUNCIL CHANGED. No. 541 (House Bill No. 1052). An Act to amend an Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, so as to change the terms of office of the mayor and councilmen of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), 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 Mayor of the City of Cumming shall be elected as herein prescribed and shall hold office for a term

Page 3915

of four years and until his successor is elected and qualified. The term of office of the present mayor shall expire January 1, 1979, on which date the four-year term of the next mayor of said city shall begin. Section 2. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The five councilmen of the City of Cumming shall be elected as herein prescribed and shall hold office for a term of four years each and until their respective successors are elected and qualified. The terms of office of the present councilmen shall expire January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of intention to Introduce Iocal Legislation. Notice is hereby given that there will be introduced at the 1977 Session of the General Assembly of the State of Georgia a Bill to amend the City Charter of the City of Cumming, Georgia, so as to provide for the Mayor and Council of the City of Cumming to serve a four (4) year term of office after the expiration of the 1977-78 term and to repeal all conflicting laws therewith. This the 28th day of January, 1977. Rep. Joe T. Wood, District 9, Post 1 Rep. Doug. Whitmire, District 9, Post 2. Rep. Jerry Jackson, District 1, Post 3. 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

Page 3916

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: February 2, 9 and 16, 1977. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. MONROE COUNTYTAX COMMISSIONER'S OFFICEPROCEDURES AND PERSONNEL PROVIDED, ETC. No. 542 (House Bill No. 1056). An Act to amend an Act to place the Tax Commissioner of Monroe County on an annual salary in lieu of the fee basis of compensation; to provide for assistants and personnel for the Tax Commissioner and their appointment, removal, powers, duties, and compensation; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for exceptions; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Tax Commissioner of Monroe County, known as the fee system,

Page 3917

is hereby abolished, and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2. Except as hereinafter provided, the Tax Commissioner of Monroe County shall receive for his services as such an annual salary of $16,500.00, payable in equal monthly installments. After the effective date of this Act, if that person occupying the office of Tax Commissioner shall not have served previously as the Tax Commissioner of Monroe County, such Tax Commissioner shall receive that minimum annual salary provided for in an Act approved March 31, 1976 (Ga. L. 1976, p. 988), relating to minimum salary for the tax commissioners of this State. Section 3. The Tax Commissioner shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the Tax 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 treasurer. The statement shall show the respective amounts of money collected and the source thereof. It is specifically provided that the salary provided herein for the Tax Commissioner shall be in lieu of all fees and commissions allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. The provisions of this Act shall not affect any compensation the Tax Commissioner may receive for serving as voter registrar or fees for the sale of motor vehicle license plates and he may continue to receive such compensation. Said Tax Commissioner shall also be entitled to all fees and commissions for collecting 1977 taxes and taxes for prior years.

Page 3918

Section 4. The Tax Commissioner shall be authorized to employ such assistants and other personnel as may be approved by the governing authority of Monroe County to assist in the performance of the duties of the Tax Commissioner's office. The compensation of such assistants and personnel shall be fixed by the governing authority of the county. It shall be within the sole power of the Tax Commissioner to name the persons to be employed as such assistants and personnel, to prescribe their duties and powers, and to remove or replace them within his sole discretion and authority. Section 5. All expenses of the Tax Commissioner's office, expressly including the compensation of personnel, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishing, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Monroe County. Section 6. This Act shall become effective on January 1, 1978. 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 1977 session of the General Assembly of Georgia, a bill to amend an act to abolish the offices of tax collector and tax receiver in and for the county of Monroe, and to create in their stead a county tax commissioner for Monroe County, approved August 28, 1931 (Ga. Laws 1931, Page 538), as amended, so as to place the tax commissioner of Monroe County on a salary basis in lieu of a fee basis; to provide for assistants; to provide for supplies, materials, furnishings, furniture, utilities and equipment, and the repair,

Page 3919

replacement and maintenance of the same, and to provide for all other matters relative thereto; and for other purposes. This 29th day of January, 1977. /s/ Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following dates: February 2, 9 and 16, 1977. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WARREN COUNTY TAX COMMISSIONERCOMPENSATION, PERSONNEL, ETC., PROVIDED. No. 543 (House Bill No. 1059). An Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Warren County, Georgia, and creating the office of Tax Commissioner of Warren County,

Page 3920

Georgia, approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2519), so as to change the compensation of the tax commissioner; to change the provisions relating to the compensation of assistants and clerks; to provide for payment of computer services; to provide for the collection of certain commissions and the payment of the same into the county treasury; to provide 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 Collector and Tax Receiver in Warren County, Georgia, and creating the office of Tax Commissioner of Warren County, Georgia, approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2519), 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 said tax commissioner is authorized to employ such assistants and clerks as he deems necessary to perform the duties of his office, and said tax commissioner shall receive $6,760.00 with which to compensate such assistants and clerks. The tax commissioner shall be authorized to contract for computer services to carry out the duties of his office. The cost of such computer services shall be paid from the funds of Warren County. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The Tax Commissioner of Warren County shall receive an annual salary of $10,200.00, payable in equal monthly installments from the funds of Warren County. All fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds to Warren County. On or before the tenth day of each month, the tax commissioner shall pay over to the fiscal authority of Warren County all such funds as shall have been collected by him for the county

Page 3921

during the immediately preceding calendar month, together with a detailed, itemized statement showing the collections and the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind, including those commissions allowed by an Act 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; provided, however, that the tax commissioner shall be authorized to retain as additional compensation those commissions allowed by an Act relating to commissions on taxes collected in excess of a certain percentage of taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Section 3. Said Act is further amended by adding immediately following section 5 a new section to be designated section 5A to read as follows: Section 5A. The tax commissioner shall collect all of the commissions payable to such officer under the provisions of section 12 of the Act approved February 1, 1946 (Ga. Laws 1946, p. 206), the same being codified as section 32-1106 of the Code of Georgia Annotated, and shall pay the same into the county treasury. 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. 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 1977 session of the General Assembly of Georgia,

Page 3922

a bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Warren County, Georgia, and creating the office of Tax Commissioner of Warren County, Georgia, approved February 23, 1953 (Ga. Laws 1953-Jan.-Feb. Sess., p. 2519), as amended, so as to place the Tax Commissioner of Warren County, Georgia on a salary of $10,200.00 per annum; to provide for clerical help, and for other purposes. This 22nd day of January, 1977. /s/ 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 Warrenton Clipper which is the official organ of Warren County, on the following dates: January 28, 1977, February 4, 1977, and February 11, 1977. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me this 22nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3923

LINCOLN COUNTY TAX COMMISSIONERCERTAIN COMMISSIONS REGULATED. No. 544 (House Bill No. 1060). 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), as amended by an Act approved March 24, 1976 (Ga. L. 1976, p. 3145), so as to provide for the collection of certain commissions and the payment of the same into the county treasury; 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), as amended by an Act approved March 24, 1976 (Ga. L. 1976, p. 3145), is hereby amended by adding at the end of section 4 a new subsection to be designated subsection (d) to read as follows: (d) The tax commissioner shall collect all of the commissions payable to such officer under the provisions of section 12 of the Act approved February 1, 1946 (Ga. L. 1946, p. 206), the same being codified as section 32-1106 of the Code of Georgia Annotated, and shall pay the same into the county treasury. 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 1977 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, Georgia, into

Page 3924

the Office of Tax Commissioner of Lincoln County, Georgia, approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., P. 2604), as amended; so as to provide for the collection and dispensing of certain fees of the Tax Commissioner for the collection of educational taxes; and for other purposes. This 22nd day of January, 1977. /s/ Ben Barron Ross Representative, District 76 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 27, 1977, February 3, 1977, and February 10, 1977. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me this 22nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WALTON COUNTYCOST OF LIVING INCREASES GRANTED CERTAIN OFFICIALS. No. 546 (House Bill No. 1068). An Act to provide for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the Chairman

Page 3925

of the Board of Commissioners of Walton County to reflect increases in the cost of living; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the following words or phrases shall have the following meanings: (a) General law means any of the following Acts of the General Assembly: (1) an Act providing a schedule of minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia, approved March 31, 1976 (Ga. L. 1976, p. 988), as now or hereafter amended; (2) an Act providing a schedule of minimum salaries for the sheriffs of the various counties within the State of Georgia, approved April 2, 1971 (Ga. L. 1971, p. 380), as now or hereafter amended; (3) an Act providing a schedule of minimum salaries for the clerks of the superior courts of the various counties within the State of Georgia, approved March 30, 1973 (Ga. L. 1973, p. 256), as now or hereafter amended; (4) an Act providing a schedule of minimum salaries for the judges of the probate courts of the various counties within the State of Georgia, approved March 21, 1974 (Ga. L. 1974, p. 455), as now or hereafter amended. (b) Walton County officers means the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the Chairman of the Board of Commissioners of Walton County. Section 2. (a) On and after the effective date of this Act, each Walton County officer shall receive an annual salary which shall be equal to the highest minimum annual salary, including increases based on years of service, established

Page 3926

by any general law for any county officer of Walton County. Such salaries shall be paid in equal monthly installments from the funds of Walton County. (b) Each Walton County officer shall also be entitled to any expenses or allowances, other than salary, provided by local law. (c) In addition to the salary and expenses provided in subsections (a) and (b) of this section, the Chairman of the Board of Commissioners of Walton County shall receive an expense allowance of $100 per month payable from the funds of Walton County. Section 3. It is the intent of this Act to provide a salary system for certain officers of Walton County in order to reflect increases in the cost of living. 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. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Upon the recommendation of the Grand Jury of Walton County on Aug. 15, 1975, and further upon the recommendation of the Grand Jury of Walton County on Oct. 28, 1975. There will be introduced in the regular 1977 Session of the Georgia General Assembly legislation to provide for cost of living increases for the Chairman of County Commissioners, Clerk of Superior Court, Tax Commission, Sheriff, and the Judge of Probate Court; to provide for amount of increases to be determined by the Board of Commissioners of Walton County; to provide limitation; to repeal conflicting laws; and for other purposes. Bobby Carrell Rep. 75th Dist.

Page 3927

Affidavit of Publication. Walton County, Georgia. I, Barry Merrill, Publisher of The Walton Tribune, a Newspaper of general distribution in Monroe, Walton County, Georgia, do certify that the above attached Legal Notice was published in The Walton Tribune on December 28 30 (combined Issue) also January 6 13, 1977. I further certify that The Walton Tribune is the official Newspaper for publication of legal ads in Walton County, Georgia. This 10th day of February, 1977. /s/ Barry Merrill, Publisher The Walton Tribune Sworn and subscribed before me, thlis 10th day of February, 1977. /s/ Hazel M. Prather Notary Public. (Seal) Approved March 23, 1977. TOOMBS COUNTY BOARD OF COMMISSIONERSELECTIONS, DISTRICTS, ETC., CHANGED. No. 547 (House Bill No. 1071). 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 election of members of the board of commissioners; to provide for districts; to provide for initial and regular terms of office; to change the provisions relating to the filling of vacancies; to change the provisions relating to the chairman of the board; to provide for a supplemental expense allowance for the chairman; to provide for accident, health and hospitalization

Page 3928

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: 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 section 2 in its entirety, and inserting in lieu thereof a new section 2, to read as follows: Section 2. For the purpose of electing members of the board of commissioners, Toombs County is hereby divided into four commissioner districts as follows: Commissioner District 1 Vidalia CCD 15 ED's 10, 11, 12 and 15 Commissioner District 2 Vidalia CCD 15 ED's 13, 14, 16, 17, 18, 19, 20, 21 and 22 Commissioner District 3 Lyons CCD 5 ED's 1, 2, 3, 4, 5 and 7 Commissioner District 4 Central Toombs CCD 3 Lyons CCD 5 ED's 6 and 8 Vidalia CCD 15 ED's 9 and 23. There shall be elected to the Board of Commissioners of Toombs 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 Tooms County one at-large member, who shall be the chairman of the

Page 3929

board and who shall be elected by the qualified voters of the entire county. All candidates, except the candidate for the at-large position, shall offer for election to the board from the commissioner district in which their legal residence lies. As used in this section, `CCD' means Census County Division, and `ED' means Enumeration District. The terms Census County Division and Enumeration District shall have the 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 3 in its entirety, and inserting in lieu thereof a new section 3, to read as follows: Section 3. The members of the Board of Commissioners of Toombs County who were in office on December 31, 1976, and whose terms expire on December 31, 1978, shall serve out the remainder of their terms. Such members are hereby designated as commissioners from Commissioner Districts 1 and 4, respectively. The person elected as commissioner at-large and the persons elected as commissioners from Commissioner Districts 2 and 3 at the 1976 general election, who took office on January 1, 1977, shall serve for terms of office ending on December 31, 1980, and until their successors are elected and qualified. Following the initial terms of office as specified herein, the terms of office of all members of the Board of Commissioners of Toombs County shall be four years and until their respective successors are duly elected and qualified. Members elected to succeed the members of the Board of Commissioners of Toombs County provided for herein shall be elected at the general election which is conducted immediately preceding the expiration of the members' respective terms of office, and the persons so elected shall take office on the first day of January following their election. Section 3. Said Act is further amended by striking from the first sentence of section 7 the following: chairman and,

Page 3930

and by adding at the end of section 7 the following: In addition to the compensation provide herein, the chairman shall receive a supplemental expense allowance of $250.00 per month, to be payable monthly from the funds of Toombs County. In addition to the compensation provided herein, the board of commissioners is hereby authorized to provide accident, health and hospitalization insurance for members of the board of commissioners and to pay for such insurance from the funds of Toombs County., so that when so amended, section 7 shall read as follows: Section 7. The members of the board shall elect their own 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. In addition to the compensation provided herein, the chairman shall receive a supplemental expense allowance of $250.00 per month, to be payable monthly from the funds of Toombs County. In addition to the compensation provided herein, the board of commissioners is hereby authorized to provide accident, health and hospitalization insurance for members of the board of commissioners and to pay for such insurance from the funds of Toombs County. Section 4. Said Act is further amended by striking section 8 in its entirety, and inserting in lieu thereof a new section 8, to read as follows:

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Section 8. Any vacancy in the board of commissioners 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 corresponding to that of the member whose unexpired term he is appointed to fill unless the vacancy is in the 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. 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 1977 session of the General Assembly of Georgia a bill to amend the act creating the five man board of county commissioners, and for other purposes. This 27th day of January, 1977. L. L. (Pete) Phillips, Representative, 120th District Dewey Rush, Representative 104th 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

Page 3932

Lyons Progress which is the official organ of Toombs County, on the following dates: January 27, February 3, 10, 1977. /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me this 22nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CHATHAM COUNTY PROBATE COURTBASE SALARY AND LONGEVITY INCREASES PROVIDED FOR JUDGE. No. 548 (House Bill No. 1078). An Act to amend an Act providing for the compensation of the Judge of the Probate Court of Chatham County, approved March 17, 1958 (Ga. L. 1958, p. 2529), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2251), so as to change the provisions relative to the Compensation of the Judge of the Probate Court of Chatham County; to provide for a base salary; to provide for longevity increases; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Judge of the Probate Court of Chatham County, approved March 17, 1958 (Ga. L. 1958, p. 2529), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2251), is hereby amended by striking section 1, which reads as follows:

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Section 1. The compensation of the Ordinary of Chatham County shall be fixed by the county commissioner and ex-officio judges of Chatham County, but shall not be less than $10,000 per annum, to be paid in equal monthly installments from the funds of Chatham County. Provided, however, that after December 31, 1964, the salary of the Ordinary shall not be less than $12,500 dollars., in its entirety, and inserting in lieu thereof a new section 1, to read as follows: Section 1. The Judge of the Probate Court of Chatham County shall receive an annual base salary to be fixed by the governing authority of said county at not less than $24,500.00 payable in equal monthly installments from the funds of said county. Such base salary shall be increased by 2% of such base salary as of July 1 of each year, with the first such increase becoming effective on July 1, 1978. The salary increases above the base salary provided for herein shall apply only to the same judge of the probate court holding office from one year to the next, and in the event a new judge of the probate court takes office, either by election for a full term or to fill a vacancy for the unexpired term, the beginning compensation of such new judge of the probate court shall be the base salary provided for herein until such judge of the probate court holds office to qualify for the increases provided for herein. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced in the regular 1977 session of the General Assembly a bill to amend an act providing for the compensation for the Judges of Probate Courts.

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Approved March 17, 1958. (Ga. Laws 1958 page 2529), as amended and for other purposes. This 3 day of February 1977. Bobby Hill Representative, 127th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Hill who, on oath, deposes and says that he is Representative from the 127th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: February 5, 12, and 19, 1977. /s/ Bobby Hill Representative, 127th District Sworn to and subscribed before me this 22nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. PIKE COUNTY PROBATE COURT JUDGESALARY AND PROCEDURES CHANGED, ETC. No. 549 (House Bill No. 1086). An Act to abolish the present mode of compensating the Judge of the Probate Court of Pike 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

Page 3935

office 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 Pike 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 a minimum salary of $10,000.00, payable in equal monthly installments from county funds. The Judge of the Probate Court shall also be entitled to receive, in addition to the minimum salary as herein provided, compensation as provided by law for the Judge of the Probate Court of any county who also holds and conducts elections or is responsible for conducting elections for members of the General Assembly, under the provisions of any applicable general or local law of this State; and compensation as provided by law for the Judge of the Probate Court of any county who is responsible for traffic cases under the provisions of any general or local law of this State; and all fees and compensation, including fees for certified copies thereof, as provided by law, for local registrars and custodians of vital records where the Judge of the Probate Court of any county is appointed as local registrar and custodian of vital records. The Judge of the Probate Court also shall be entitled to receive longevity increases to the minimum salary of $10,000.00 set forth herein, in such amounts and computed on such terms as from time to time are provided by law. It is further provided that in no event shall the minimum salary for the Judge of the Probate Court ever be less than the minimum salaries fixed by law according to county population.

Page 3936

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 emolumens and perquisites formerly allowed him as compensation for all services in any capacity, excepting compensation as local registrar and local custodian of vital records, including issuing certified copies, 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 sources thereof. Section 4. The Judge of the Probate Court shall have the authority to appoint one clerk who shall be compensated in an amount equal to no less than the established minimum hourly wage applicable to county employees in the State of Georgia, payable in equal weekly installments. It shall be within the sole power and authority of the Judge of the Probate Court, during his term of office, to designate and name the person or persons who shall be employed as the clerk, and to prescribe the duties and assignments of such clerk, and to remove or replace such clerk at will and within his sole discretion. Funds expended up to and including the amount authorized herein for the employment of such personnel shall be paid from the funds of Pike County. Section 5. 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, furnishings, furniture, telephones, utilities, uniforms and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose.

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Section 6. This Act shall become effective on July 1, 1977. 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 1977 session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the Judge of the Probate Court of Pike County, known as the fee system; to provide in lieu thereof an annual salary; to provide for all matters relative thereto, including the employment of necessary personnel by said officer; to provide an effective date; and for other purposes. This 4th day of January, 1977. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: January 20, 27 and February 3, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 3938

COBB COUNTYCOMPENSATION OF CERTAIN OFFICERS CHANGED. No. 550 (House Bill No. 1088). An Act to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3262), an Act approved April 17, 1975 (Ga. L. 1975, p. 4457), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4459), so as to change the provisions relative to the compensation of said officers; to change the provisions relative to the compensation of the deputy clerk of the superior court and chief deputy sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3262), an Act approved April 17, 1975 (Ga. L. 1975, p. 4457), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4459), is hereby amended by striking from section 2 the figure $18,000.00, and the figure $22,000.00, and inserting in lieu thereof the figure $22,000.00, and the figure $25,000.00, respectively, so that when so amended section 2 shall read as follows: Section 2. That salary of the Clerk of the Superior Court and the Sheriff of Cobb County shall be $22,000.00 each, per annum to be paid in equal monthly installments from the funds of Cobb County. The salary of the Judge of the Probate Court of Cobb County shall be $25,000.00, to be paid in equal monthly installments from the funds of Cobb County.

Page 3939

Section 2. Said Act is further amended by striking from section 4 the figure $15,500.00, and inserting in lieu thereof the figure $17,500.00, so that when so amended section 4 shall read as follows: Section 4. That the Clerk of the Superior Court of Cobb County shall have a deputy clerk whose salary shall be $17,500.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of Clerk of the Superior Court of Cobb County shall on the date of his qualification for such office in either a primary or general election certify to the Judge of the Probate Court of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk, and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the Judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed by him. That in addition to said deputy clerk, the Clerk of the Superior Court of Cobb County shall be authorized and empewered to employ the clerical help necessary to properly perform the functions and duties of the office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. Section 3. Said Act is further amended by striking from the first sentence of section 5 the following: $15,500.00, and inserting in lieu thereof the following: $17,500.00, so that when so amended section 5 shall read as follows: Section 5. That the Sheriff of Cobb County shall have

Page 3940

one chief deputy whose salary shall be $17,500.00 per annum to be paid monthly from the funds in the county treasury. Said chief deputy shall offer for said office and be elected to same at the time as the said sheriff offers for office and is elected. That in the event the office of sheriff becomes vacant by death, resignation or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by the said chief deputy who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the Sheriff of Cobb County. That in addition to the said chief deputy the said sheriff shall be authorized and empowered to name and appoint additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County provided, however, that said salaries shall not be less than $4,560.00 per annum per each additional deputy approved by the said governing authority of Cobb County. In addition to the said chief deputy and other deputies above provided for, the Sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation, to be paid to each shall first be approved by the governing authority of Cobb County. In addition to those employees as provided for above, there is hereby created the office of Chief Investigator for Cobb County. The chief investigator shall be appointed by the sheriff and shall be under his direct supervision and control. The individual appointed by the Sheriff of Cobb County shall possess as a minimum a high school education and be either a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, or possess ten years of actual experience as a peace officer. The salary shall be fixed by the governing authority of Cobb County, which salary shall not be less than $7,250.00 nor more than $9,050.00 per annum. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Page 3941

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1977 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 428) as amended, so as to change the compensation of the Sheriff, the Sheriff's Chief Deputy, the Clerk of the Superior Court, the Deputy Clerk of the Superior Court, the Judge of the Probate Court, and the Clerk of the Probate Court; and for other purposes. This 29th day of January, 1977. A. L. Burruss J. W. (Bill) Cooper Johnny Isakson J. Carl Morrison Eugene Housley Max D. Kaley Kenneth O. Nix Joe Mack Wilson Representatives Roy E. Barnes Haskew Brantley, Jr. Joe Lee Thompson Senators Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene Housley who, on oath, deposes and says that he is Representative from the 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

Page 3942

County, on the following dates: February 4, 11, and 18, 1977. /s/ Eugene Housley Representative, 21st District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission expires Oct. 20, 1979. (Seal). Approved March 23, 1977. EFFINGHAM STATE COURTPROCEDURES FOR HANDLING COURT'S FUND PROVIDED. No. 551 (House Bill No. 1090). An Act to amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, so as to provide procedures for the collection, payment and accounting of monies payable to the 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 Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, is hereby amended by adding between sections 38 and 39 a new section 38A to read as follows: Section 38A. After the effective date of this section, any officer of the State Court of Effingham County, any probation officer, and any other person who receives monies payable to said court shall receive and hold such monies in trust for the State Court of Effingham County as public

Page 3943

monies and shall pay such monies to the clerk of said court on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment, a person making such payment shall furnish the clerk of said court a detailed, itemized statement under oath of all funds received during the preceding month by such person for the State Court of Effingham County. Any person who violates the provisions of this section shall be held in contempt by the court. The clerk of said court shall pay any monies payable to the county into the county treasury in the manner provided in section 3 of an Act placing the Clerk of the Superior Court of Effingham County on an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3594). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Effingham County, formerly known as the City Court of Springfield, approved July 28, 1908 (Ga. L. 1908, p. 211), as amended; to repeal conflicting laws; and for other purposes. This 24th day of January, 1977. George Chance Representative, 129th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald which is the official organ of

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Effingham County, on the following dates: January 27, February 3 and 10, 1977. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 22nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BLECKLEY COUNTYCOMMISSIONER'S EXPENSE ALLOWANCE CHANGED. No. 552 (House Bill No. 1091). An Act to amend an Act creating the office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved August 17, 1918 (Ga. L. 1918, p. 400), an Act approved March 20, 1963 (Ga. L. 1963, p. 2387), an Act approved March 31, 1967 (Ga. L. 1967, p. 2381), an Act approved April 23, 1969 (Ga. L. 1969, p. 3387), an Act approved April 25, 1975 (Ga. L. 1975, p. 4657), and an Act approved March 24, 1976 (Ga. L. 1976, p. 3241), so as to change the provisions relative to the expense allowance of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved August 17, 1918 (Ga. L. 1918, p. 400), an Act approved March 20, 1963 (Ga. L. 1963, p. 2387), an Act approved March 31, 1967

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(Ga. L. 1967, p. 2381), an Act approved April 23, 1969 (Ga. L. 1969, p. 3387), an Act approved April 25, 1975 (Ga. L. 1975, p. 4657), and an Act approved March 24, 1976 (Ga. L. 1976, p. 3241), is hereby amended by striking from subsection (a) of section 9 the following: fifty dollars ($50.00), and inserting in lieu thereof the following: one hundred fifty dollars ($150.00), so that when so amended, subsection (a) of section 9 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 one hundred fifty dollars ($150.00) 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. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. I intend to introduce at the 1977 Legislative Session a

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bill concerning the office of Commission's help in Bleckley County affecting expenses of Commissioner of said office. 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 19, 26 and February 2, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF CARROLLTON CHARTER AMENDEDPOLICE COURT MATTERS CHANGED. No. 553 (House Bill No. 1092). An Act to amend an Act establishing a new charter for the City of Carrollton, approved September 9, 1891 (Ga. L. Vol. II, p. 474), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2323), and an Act approved March 22, 1974 (Ga. L. 1974,

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p. 2791), so as to change the maximum fine of a certain police court; to provide for a recorder for said court, how elected and the duties, power, authority and salary thereof; 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 Carrollton, approved September 9, 1891 (Ga. L. Vol. II, p. 474), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2323), and an Act approved March 22, 1974 (Ga. L. 1974, p. 2791), is hereby amended by striking in its entirety section XV thereof, which reads as follows: Sec. XV. Be it further enacted, That the mayor, or in his absence or disqualification some councilman, shall, as often as may be necessary, hold a police court, to be known as a mayor's court, for the trial of all offenders against the law and ordinances of the city of Carrollton. Said mayor's court shall have full power and authority, upon conviction, to sentence such offender to labor upon the streets or other public works for a period not to exceed sixty days, or to impose a fine not to exceed one hundred dollars. Either or all of said penalties may be imposed, in the discretion of the court., and inserting in lieu thereof a new section XV, to read as follows: Sec. XV. The mayor, or in his absence or disqualification some councilman, shall, as often as may be necessary, hold a police court, to be known as a mayor's court, for the trial of all offenders against the law and ordinances of the city of Carrollton. Said mayor's court shall have full power and authority, upon conviction, to sentence such offender to labor upon the streets or other public works for a period not to exceed sixty days, or to impose a fine not to exceed five hundred dollars ($500). Either or all of said penalties may be imposed, in the discretion of the court. The mayor and council shall have the right, within their discretion to elect a recorder in the same way they now elect

Page 3948

other officers of said city. The recorder when so elected and qualified shall preside over the trial of cases in the police court, under the restrictions, regulations, and power so imposed upon the mayor, or a member of the city council in like capacity. He shall be the presiding officer in said court, except when disqualified or absent, when the Mayor, Mayor Pro Tem., or member of the City Council of Carrollton, may preside with full powers as the city recorder. The mayor and city council shall fix the salary of the city recorder, and shall have the power to define his duties under ordinance not in conflict with this Act. Said city recorder when elected and qualified, shall have all the power and authority conferred upon him, as city recorder, as now exercised by the Mayor, or Mayor and Council of Carrollton under and by virtue of the charter of the City of Carrollton and the several amendments thereto. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that local legislation will be proposed during the 1977 Session of the General Assembly of Georgia amending the Charter of the City of Carrollton as it relates to the maximum fine which the Judge of the Recorder's Court of said city may impose. This 27th day of January, 1977. Tom Glanton Gerald Johnson Members General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Glanton who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3949

Carroll County Georgian which is the official organ of Carroll County, on the following dates: Feb. 3, 10, 17, 1977. /s/ Tom Glanton Representative, 66th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 23, 1977. PIKE COUNTY TAX COMMISSIONERMINIMUM COMPENSATION PROVIDED FOR DEPUTY. No. 554 (House Bill No. 1093). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3479), so as to change the compensation of the deputy tax commissioner; to provide for minimum compensation for the deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3479), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows:

Page 3950

Section 5. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in an amount equal to no less than the established minimum hourly wage applicable to county employees in the State of Georgia, but in no event shall said deputy receive less than $4,500.00 per annum. Said compensation shall be paid in equal monthly installments out of the funds of Pike County, Georgia. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as provided herein, including but not limited to office equipment, supplies, fixtures and utility expenses shall be paid by the county from county funds. Section 2. This Act shall become effective on July 1, 1977. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as amended, so as to change the compensation of the Deputy Tax Commissioner; to provide for minimum compensation for the Deputy Tax Commissioner; to provide an effective date; and for other purposes. This 4th day of January, 1977. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath,

Page 3951

deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: January 20, 27 and February 3, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WARREN COUNTYBOARD OF COMMISSIONERS ESTABLISHED. No. 555 (House Bill No. 1102). An Act to provide for a Board of Commissioners of Warren County; to provide for elections and terms of office; to provide for election districts; to provide for vacancies; to provide for meetings of the board; to provide for compensation of members of the board; to provide for bonds; to provide for a clerk for said board, his compensation and duties; to provide for powers and duties of said board of commissioners; to provide for purchasing; to provide for audits; to provide for receipt of contributions; to provide for conflicts of interest; to provide for the Commissioner of Warren County to serve out his term of office; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

Page 3952

Be it enacted by the General Assembly of Georgia: Section 1. (a) The governing authority of Warren County shall be a Board of Commissioners of Warren County consisting of three members to be elected as hereinafter provided. For the purposes of electing a Board of Commissioners of Warren County, the county shall be divided into two election districts as follows: Election District No. 1 Norris CCD 10 Norwood CCD 15 Warrenton CCD 25 ED 6 Election District No. 2 Camak CCD 5 Panhandle CCD 20 Warrenton CCD 25 ED's 7 and 8. (b) A member of the board of commissioners shall be elected from each election district. A member elected from an election district shall be required to be a resident of such district and shall be elected by a majority vote of the electors of the district voting in the election. One member of the board of commissioners shall be elected from the county at large by a majority vote of the electors of the county voting in the election and shall be designated as chairman of said board of commissioners. Each candidate for membership on the board of commissioners shall designate which post he is offering for: Election District No. 1 post, Election District No. 2 post or the chairman post. A person can be a candidate for only one post. Section 2. The first members of the board of commissioners provided for herein shall be elected at the general election held in 1980 and shall take office on the first day of January, 1981, for terms of four years. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately

Page 3953

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. Section 3. (a) In the event of a vacancy in the office of the chairman for any reason other than expiration of a term of office, it shall be the duty of the Judge of the Probate Court of Warren County to issue the call for a special election within 15 days after the occurrence of the vacancy to fill said vacancy. The special election shall be conducted in accordance with the Georgia Election Code, as now or hereafter amended. (b) In the event of a vacancy in any of the other positions on the board for any reason other than the expiration of a term of office, it shall be the duty of the remaining members of the board to fill the vacancy by appointment within 30 days after the occurrence of the vacancy. All persons appointed to fill vacancies as provided herein shall serve until the next general election, at which time a person shall be elected to serve for the remainder of the unexpired term of such office. Section 4. Said board of commissioners shall hold at least two regular meetings each month, and the initial meeting shall be properly advertised so that the public will be notified and may appear before the board for any purpose. The board may conduct special meetings at any time. At the first meeting of the board, the former Commissioner of Warren County shall turn over to the board all records, books and official records pertaining and belonging to said county connected with the business of said county, together with all county property, with a full inventory of the same, and a full and complete statement showing the financial condition of the county. A complete audit of the books of said county may be made at this time by a certified public accountant. Section 5. (a) The chairman of the board shall be a full voting member thereof and shall vote on all measures

Page 3954

coming before the board unless he is absent from a meeting at which action was taken. Two affirmative votes shall be required to pass any measure before the board. Upon a vacancy occurring in the office of chairman, the other two commissioners shall assume all duties of the chairman until the vacancy is filled. (b) The chairman of the board shall be compensated in the amount of $12,000.00 per annum to be paid in equal monthly installments from the funds of Warren County. The chairman shall also receive an expense allowance in the sum of $3,000.00 to defray the expenses incurred by him in carrying out his official duties. Said expense allowance shall be paid in equal monthly installments. When traveling out of the county on official business, the chairman shall be reimbursed for actual expenses incurred thereby, in addition to the foregoing, which shall be paid from the funds of Warren County. The members of the board, other than the chairman, shall each be compensated in the amount of $600.00 per annum to be paid in equal monthly installments from the funds of Warren County. In addition to said salary, each such member shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Warren County. The salary and expenses provided for herein shall constitute the entire compensation from all sources to which said members of the board shall be entitled to be paid from county funds. The salary and expenses provided for herein are expressly in lieu of the salary supplement provided by an Act approved March 17, 1967 (Ga. Laws 1967, p. 2168), and the commissioners, including the chairman, shall not be entitled to receive the supplement provided by said Act. (c) Said board of commissioners is hereby authorized to elect a clerk. Any citizen of said county, not a member of said board, shall be eligible to hold said office of clerk of said board of commissioners and shall receive a salary for his services to be fixed by said board, which salary shall be paid in equal monthly installments. The board shall specify the duties of said clerk. The compensation of said clerk, as fixed by the commissioners, shall be in lieu of the supplement provided by an Act approved March 17, 1967 (Ga. L. 1967,

Page 3955

p. 2168), and said clerk shall not be entitled to receive the supplement provided by said Act. Section 6. Before entering upon the discharge of his duties, each commissioner shall subscribe an oath before the Judge of the Probate Court of Warren County for the true and faithful performance of his duties and that he is not the holder of public funds unaccounted for. In addition, each commissioner shall further give a satisfactory surety bond approved by and payable to the Judge of the Probate Court of Warren County and filed in the office of the judge of the probate court in the sum of $5,000.00, conditioned upon the faithful performance of the duties of his office. Section 7. The said board of commissioners shall have and they are hereby vested with exclusive jurisdiction and control over the following, to wit: In direction, controlling and caring for all the property of the county according to law; in levying taxes according to law, including a road tax; in establishing, altering and abolishing public roads, private roads, private ways, bridges and ferries according to law; in establishing, abolishing or changing election precincts and militia districts according to law; in examining the tax commissioner's books; and in allowing the insolvent lists for said county according to law; and in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county or appropriating for its use or benefit and bringing them to settlement; and especially are they charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass. They may require from all such officers, subject to an examination, such reports as may be necessary to keep such board of commissioners fully informed at all times of the financial condition of the county; in controlling, caring for and managing the convicts of the county according to law; in making rules, regulations and provisions for the support of the poor of the county according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as may be provided by

Page 3956

law; to sue and be sued in the name of Warren County; to exercise the power of eminent domain in the manner described by law; and generally to have and exercise all powers heretofore vested in the commissioner of said county; and to exercise such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance; in selecting and appointing all minor officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards and public work forces, janitor of the courthouse, superintendent of pauper farm should one be established, county physician and health officer, tax assessors, and county policemen and other officers and guards as needed and authorized by law; and such board shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as the board of commissioners may direct out of the regular funds of the county, with authority of said board of commissioners to fix his term of office or to discharge him at any time; in regulating peddling licenses according to law. Said board shall have entire control of the prisoners sentenced to work upon the roads or works of said county by the proper authorities of the State assigned to the county by the proper authorities of the State and shall so employ them according to law, and under such plans of working, building, repairing and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted or enforced by law in said county. Section 8. The board of commissioners, either itself or its duly appointed agents, shall purchase all equipment, material and supplies necessary for said county of such kind and quality and in such quantities as may be needed; and wherever practicable, purchases of all equipment, materials and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioners and subject to inspection by the grand jury or other interested citizens. All purchases shall be charged to Warren County; and before bills therefor are submitted to the board for approval, they shall be audited and payment therefor recommended

Page 3957

by the parties making such purchase; and if approved by the board of commissioners at a regular meeting of said board, said approval shall be endorsed on said bills by the chairman and a list thereof entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the chairman and clerk as well as all other warrants drawn on the treasurer shall be signed before payment thereof is made. Section 9. The board of commissioners may have the books and accounts of the tax commissioner, custodian of all county funds, sheriff, superintendent of schools, board of commissioners and such other officers as may be necessary audited by a certified public accountant of this State after they take charge of the affairs of said county to cover such period as they deem advisable, and every year thereafter. Said audit shall be filed in the office of said board of commissioners of said county and shall at all times be subject to inspection by any citizen or taxpayer of said county. A summary of said audit shall be published in the official organ of Warren County within 30 days after it shall have been completed. Section 10. Said board of commissioners may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the same, or from any other person or persons, or from the State government or the United States government, or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the roads or bridges designated by the contributor. Section 11. It shall be unlawful for any member of said board or the clerk of said board to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment, materials or supplies for the county or the awarding of any contract for said county; and if any commissioner or the clerk of said

Page 3958

board shall knowingly or willfully violate any provision of this section, he shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed by law and shall forfeit his office or be discharged from employment. Section 12. The Commissioner of Warren County serving on the effective date of this Act shall continue to serve out the term of office for which he was elected. Section 13. An Act creating a Commissioner of Roads and Revenues of Warren County, approved August 7, 1925 (Ga. L. 1925, p. 789), as amended, is hereby repealed in its entirety. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to create a multi-member Board of Commissioners for Warren County; and for other purposes. This 22nd day of January, 1977. /s/ 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 The Warrenton Clipper which is the official organ of

Page 3959

Warren County, on the following dates: January 28, 1977, February 4, 1977, and February 11, 1977. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. PENSIONSCITY OF SAVANNAH, COUNTY OF CHATHAM PUBLIC EMPLOYEESPRIOR SERVICE REDEFINED. No. 556 (House Bill No. 1104). An Act to amend an Act approved February 8, 1937 (Ga. L. 1937, pp. 2094-2095), entitled An Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of its teachers and employees, and to contribute the necessary funds therefor from the public monies committed to its charge, and to adopt reasonable rules and regulations for the administration of said system of pensions; and for other purposes, as amended by an Act approved March 28, 1961 (Ga. L. 1961, pp. 2519-2538), so as to change the definition of Prior service as defined in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham,

Page 3960

to adopt, establish and administer a system of pension for old age and disabilities of its teachers and employees, and to contribute the necessary funds therefor from the public monies committed to its charge, and to adopt reasonable rules and regulations for the administration of said system of pensions; and for other purposes, approved February 8, 1937 (Ga. L. 1937, pp. 2094-2095), as amended on March 28, 1961 (Ga. L. 1961, pp. 2519-2538), is hereby amended by striking subparagraph (9) of section 1 of the Resolution of the Board of Public Education for the City of Savannah and the County of Chatham as set forth in Article I of said Act in its entirety and inserting in lieu thereof a new subparagraph (9), to read as follows: (9) `Prior service' shall mean all service, whether continuous or otherwise, rendered prior to April 1, 1960. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1977 Session of the Georgia General Assembly a bill to amend an act approved February 8, 1937, (Ga. L. 1937; pp. 2094-2095) and amended on March 28, 1961, (Ga. L., 1961, pp. 2519-2538), and related Acts pertaining to the Local Retirement System for Teachers and Employers of the Board of Public Education for the City of Savannah and the County of Chatham (Georgia). This 28th day of January, 1977. William T. Moore, Jr. Attorney for said Board 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

Page 3961

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 31, February 7 and 14, 1977. /s/ Arthur Gignilliat Representative, 122nd District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. BROOKS COUNTYCHIEF DEPUTY SHERIFF'S COMPENSATION CHANGED. No. 557 (House Bill No. 1105). An Act to amend an Act placing the Sheriff of Brooks County on a salary basis, in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2166), as amended, particularly 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 the compensation of the chief deputy sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Brooks County on a salary basis, in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2166), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3021) and an Act approved March 27, 1972

Page 3962

(Ga. L. 1972, p. 2560), is hereby amended by striking from subsection (b) of section 4 thereof the following: of not less than $3,000.00, but not to exceed the sum of $7,000.00,, and substituting in lieu thereof the following: determined within the discretion of the county governing authority, so that when so amended subsection (b) of section 4 shall read as follows: (b) The chief deputy shall be compensated monthly at a rate based on an annual salary scale determined within the discretion of the county governing authority and shall be paid from the funds of Brooks 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to authorize the governing authority of Brooks County to fix the salary of the Chief Deputy Sheriff, and other personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. This 10th day of January, 1977. Henry L. Reaves Representative, Brooks County, Georgia

Page 3963

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 13, 20 and 27, 1977. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF MORROWELECTION DATE CHANGED. No. 558 (House Bill No. 1106). An Act to amend an Act creating a new charter for the City of Morrow, approved April 10, 1971 (Ga. L. 1971, p. 3998), so as to change the date of elections in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Morrow, approved April 10, 1971 (Ga. L. 1971, p. 3998), is hereby amended by striking the words, comma and figure second Saturday in October, 1971 and the words, comma and figure second Saturday in October, 1972 in section

Page 3964

2.03 in their entirety and inserting in lieu thereof the words, comma and figure third Saturday in November, 1977 and the words, comma and figure third Saturday in November, 1978, respectively, so that section 2.03, when so amended, shall read as follows: Section 2.03. Election of Mayor and Councilmen. Those persons presently elected and serving as Mayor and Councilmen of the City of Morrow shall continue to serve until their successors are duly elected and qualified as provided by law. On the third Saturday in November, 1977, and on said date every two (2) years thereafter, a general election shall be held for Mayor and the two (2) Councilmen whose terms of office are expiring. The candidate for Mayor and the two candidates for Councilmen who receive a majority of the votes cast in said election shall be elected for terms of office of two (2) years each and until their successors are duly elected and qualified. In the event no candidate receives a majority of the votes cast in said election, a runoff election shall be conducted between the two candidates receiving the highest number of votes for Mayor and for such office. Such runoff election shall be conducted on the fourteenth day after the day of holding the regular election, unless such runoff date is postponed by court order. On the third Saturday in November, 1978, and on said date every two (2) years thereafter, a general election shall be held for the two (2) Councilmen whose terms of office are expiring. The candidates who receive a majority of the votes cast in said election shall be elected for terms of office of two (2) years each and until their successors are duly elected and qualified. In the event no candidate receives a majority of the votes cast in said election, runoff election shall be conducted between the two candidates receiving the highest number of votes for such office. Such runoff election shall be conducted on the fourteenth day after the day of holding the regular election, unless such runoff date is postponed by court order. Any person possessing the qualifications required by law may qualify for any Council position or for Mayor.

Page 3965

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 undersigned intends to make application to the General Assembly of Georgia at the 1977 session for local legislation so as to provide a change in the date of City elections from the second Saturday in October to the third Saturday in November of each year, commencing with the City election in 1977. James H. Millirons City Manager Morrow, Georgia 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 below was published in said newspaper on the following dates: February 1, 8 and 15, 1977. /s/ Jim Wood Publisher Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission Expires Sept. 26, 1978. (Seal). Approved March 23, 1977. DOUGHERTY COUNTYSUPERIOR COURT CLERK'S SALARY CHANGED. No. 559 (House Bill No. 1107). An Act to amend an Act placing certain of the county officer of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended,

Page 3966

particularly by an Act approved January 31, 1974 (Ga. L. 1974, p. 2021), so as to change the salary of the clerk of the superior court of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved January 31, 1974 (Ga. L. 1974, p. 2021), is hereby amended by striking the symbols and figure $15,000.00 in subsection (c) of section 2 in their entirety, and inserting in lieu thereof the symbols and figure $18,500.00, so that subsection (c) of section 2 when so amended shall read as follows: (c) The salary of the clerk of the superior court of Dougherty County, where such clerk of the superior court likewise serves as clerk of the City Court of Albany, shall be $18,500.00 per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. L. 1969, p. 2293); and an Act approved January 31, 1974 (Ga. L. 1974, p. 2021), so as to change the compensation of the Clerk of the Superior Court of Dougherty County; to provide an effective date; and for other purposes. This 18th day of January, 1977. /s/ R. S. Hutchinson Representative, 133rd District

Page 3967

/s/ Charles Hatcher Representative, 131st District /s/ T. Hayward McCollum Representative, 134th District /s/ John White Representative, 132nd 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 21, 28 and February 4, 1977. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. HARRIS COUNTY GOVERNING AUTHORITYFINANCIAL RECORDS REQUIRED. No. 560 (House Bill No. 1108). An Act to provide that the governing authority of Harris County shall maintain a list of all county officers and employees, together with their individual salaries, expense

Page 3968

allowances and other fringe benefits; to provide that said list shall be available for public inspection; to provide that said list shall be available upon request for the cost of reproduction; to require the governing authority of Harris County to publish the annual county audit; to provide that the annual county audit shall be published within 60 days after receipt thereof; to provide that the county audit shall include a breakdown of income and expenses by categories; to provide for competitive bidding on the purchase of all materials, equipment and supplies in excess of $500.00 by the Board of Commissioners of Harris County; 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 governing authority of Harris County shall maintain a list of all county officers and employees, together with their individual salaries, expense allowances and fringe benefits. Said list shall be maintained for the previous fiscal year. Said list shall be available for public inspection during reasonable working hours. Copies of said list shall be available to the public upon request for the cost of reproduction. Section 2. The annual audit of Harris County shall include a breakdown of income by category as follows: revenue sharing; grants and contracts from state and federal governments; local option sales taxes; ad valorem property taxes liquor, beer and wine taxes; permits and licenses; forfeited bonds and fines; and clerk of court fees. The audit shall include a breakdown of expenses by category as follows: county commissioners office; roads; public works camp; Office of Sheriff; Office of Judge of Probate Court; Office of Clerk of Court; Health Department; Board of Tax Assessors; Department of Family and Children Services; and Office of Tax Commissioner. The governing authority of Harris County shall publish the foregoing items of the annual audit in the official organ of Harris County within 60 days after receipt of the annual audit.

Page 3969

Section 3. The Board of Commissioners of Harris County shall solicit at least three (3) bids for the purchase of any materials, equipment and supplies whenever the purchase price exceeds five hundred dollars ($500.00). 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 1977 session of the General Assembly of Georgia, a bill to provide that the governing authority of Harris County shall maintain a list of all county officers and employees, together with their individual salaries, expense allowances and other fringe benefits; to provide that said list shall be available for public inspection; to provide that said list shall be available upon request for the cost of reproduction; to require the governing authority of Harris County to publish the annual county audit; to provide the procedures connected therewith; to provide for competitive bidding by the governing authority of all purchases of materials, equipment and supplies when the purchase price exceeds $500.00; to provide for other matters relative to the foregoing; and for other purposes. This 25th day of January, 1977. W. Randolph Phillips Representative, 91st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of

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Harris County, on the following dates: January 27, February 3 and 10, 1977. /s/ W. Randolph Phillips Representative, 91st District Sworn to and subscribed before me this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. HARRIS COUNTY SUPERINTENDENT OF SCHOOLSCERTAIN FINANCIAL ACCOUNTING REQUIRED, ETC. No. 561 (House Bill No. 1109). An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County, together with their individual salaries, supplements, expenses and other emoluments; to provide that said list shall be available for public examination; to provide that copies of said list shall be available to the public upon request for the cost of reproduction; to provide for competitive bidding on the purchase of all materials, equipment and supplies in excess of $500.00 by the Board of Education of Harris County; to provide that all expenditures for the purchase of materials, equipment and supplies in excess of $500.00 shall be first authorized by a majority of the Board of Education of Harris County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The Superintendent of Schools of Harris County and the Board of Education of Harris County shall maintain a list of the members and all employees of the Board of Education of Harris County, together with their individual salaries, supplements, expenses and other emoluments. Said list shall be maintained for the previous fiscal year. Said list shall be available for public inspection during reasonable working hours, and copies of said list shall be available to the public upon request for the cost of reproduction. Section 2. The Board of Education of Harris County shall solicit at least three (3) bids for the purchase of any materials, equipment and supplies whenever the purchase price exceeds five hundred dollars ($500.00). All expenditures for the purchase of materials, equipment and supplies in excess of five hundred dollars ($500.00) must be first authorized by a majority of the Board of Education of Harris 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 here will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County, together with their individual salaries, supplements, expenses and other emoluments; to provide that said list shall be available for public inspection; to provide that copies of said list shall be available to the public upon request for the cost of reproduction; to provide for competitive bidding by the Superintendent of Schools of Harris County of all materials, equipment and supplies when the purchase price exceeds $500.00; to provide

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for other matters relative to the foregoing; and for other purposes. This 25th day of January, 1977. W. Randolph Phillips Representative, 91st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: January 27, February 3 10, 1977. /s/ W. Randolph Phillips Representative, 91st District Sworn to and subscribed before me this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. TOWNS COUNTY SUPERIOR COURT CLERKSALARY AND ASSISTANTS PROVIDED. No. 562 (House Bill No. 1110). An Act to abolish the present method of compensating the Clerk of the Superior Court of Towns County known as the fee system and provide in lieu thereof an annual salary for said officer; to provide for clerical assistance; to

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provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the Clerk of the Superior Court of Towns County is hereby abolished. Said officer shall receive for his services as such an annual salary of $9,500.00 payable in equal monthly installments from the funds of Towns County. Section 2. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the Clerk of the Superior Court shall be received, collected and held by him as public funds belonging to Towns County. Once each month the Clerk of the Superior Court shall turn over to the fiscal authority of said county all funds collected by him with a detailed, itemized statement showing the sources from which such funds were collected. Section 3. The Clerk of the Superior Court of Towns County shall be authorized to employ clerical personnel to assist him in carrying out his official duties. The compensation of any such personnel shall be payable from the funds of Towns County, but the compensation of any such personnel shall be subject to the approval of the governing authority of Towns 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. 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 1977 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the Clerk

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of the Superior Court of Towns County, known as the fee system; to provide in lieu thereof an annual salary; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 1st day of January, 1976. /s/ Virginia Cunningham Clerk of the Superior Court, Towns County 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 7, 14 and 21, 1977. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. Approved March 23, 1977. TOWNS COUNTYBOARD OF EDUCATION REQUIRED TO APPOINT SCHOOL SUPERINTENDENT. No. 563 (House Bill No. 1112). An Act to provide for the election of the members of the Board of Education of Towns County; to provide for the appointment of the County School Superintendent of

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Towns County by the Board of Education of Towns 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 Towns 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, Town County shall be divided into five education districts to be composed of that territory of Towns County embraced within the militia districts thereof as follows: Education District 1: Militia District 1243 (Hiawassee River) Militia District 833 (Macedonia) Militia District 1138 (Lower Hightower) Militia District 1264 (Upper Hightower) Militia District 1581 (Tate City) Education District 2: Militia District 1468 (Young Harris) Militia District 918 (Brasstown) Education District 3: Militia District 990 (Hiawassee) Education District 4: County at large Education District 5: County at large. (b) A member of the board of education from Education Districts 1, 2 and 3 shall be a resident of his respective education district during his term of office, and a candidate

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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. A candidate for membership on said board for Education Districts 4 and 5 shall be a resident of Towns County and shall have been a resident of Towns County 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 Towns voting at the elections provided for by section 3 of this Act. All members of said board shall be elected at special elections which shall be held and conducted in accordance with the applicable provisions of Georgia Code Title 34, known as the Georgia Election Code, as now or hereafter amended. Section 3. (a) The first member of the board from Education District 1 shall be elected on the first Tuesday after the first Monday in May, 1978, and shall take office on the first day of July, 1978, for a term of five years and until his successor is elected and qualified. Thereafter, successors shall be elected on the first Tuesday after the first Monday in May immediately preceding the expiration of the terms of office and shall take office on the first day of July immediately following their election for terms of five 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 Towns County, Mr. Wayne Berrong, or his successor, whose regular term of office shall expire on June 30, 1978. (b) The first member of the board from Education District 2 shall be elected on the first Tuesday after the first Monday in May 1979, and shall take office on the first day of July, 1979, for a term of five years and until his successor is elected and qualified. Thereafter, successors shall be elected on the first Tuesday after the first Monday in May immediately preceding the expiration of the terms of office and shall take office on the first day of July immediately following their election for terms of five years and until

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their successors are elected and qualified. 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 Towns County, Mr. U. E. Sampson, or his successor, whose regular term of office shall expire on June 30, 1979. (c) The first member of the board from Education District 3 shall be elected on the first Tuesday after the first Monday in May, 1980, and shall take office on the first day of July, 1980, for a term of five years and until his successor is elected and qualified. Thereafter, successors shall be elected on the first Tuesday after the first Monday in May immediately preceding the expiration of the terms of office and shall take office on the first day of July immediately following their election for terms of five years and until their successors are elected and qualified. The first member elected from Education District 3, as provided herein, shall be the successor to the incumbent member of the heretofore existing Board of Education of Towns County, Mr. Hugh Hoodenpyle, or his successor, whose regular term of office shall expire on June 30, 1980. (d) The first member of the board from Education District 4 shall be elected on the first Tuesday after the first Monday in May 1981, and shall take office on the first day of July 1981, for a term of five years and until his successor is elected and qualified. Thereafter, successors shall be elected on the first Tuesday after the first Monday in May immediately preceding the expiration of the terms of office and shall take office on the first day of July immediately following their election for terms of five years and until their successors are elected and qualified. The first member elected from Education District 4, as provided herein, shall be the successor to the incumbent member of the heretofore existing Board of Education of Towns County, Mr. Carol Underwood, or his successor, whose regular term of office shall expire on June 30, 1981. (e) The first member of the board from Education District 5 shall be elected on the first Tuesday after the first Monday in May, 1982, and shall take office on the first day

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of July, 1982, for a term of five years and until his successor is elected and qualified. Thereafter, successors shall be elected on the first Tuesday after the first Monday in May immediately preceding the expiration of the terms of office and shall take office on the first day of July immediately following their election for terms of five years and until their successors are elected and qualified. The first member elected from Education District 5, as provided herein, shall be the successor to the incumbent member of the heretofore existing Board of Education of Towns County, Mr. Paul Moore, or his successor, whose regular term of office shall expire on June 30, 1982. Section 4. Vacancies which occur on the board by death, resignation, removal from the county or 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 regular election held for the election of a member of the board of education, and the person so elected shall serve for the unexpired term. Any person elected by the board or at a regular election held for the election of a member of the board to fill a vacancy shall be a resident of the education district in which the vacancy occurred. Section 5. The Board of Education of Towns 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 Towns County shall be appointed by the Board of Education of Towns County, for a four-year term, to succeed the present elected superintendent. Such appointment shall be made no earlier than September 1, 1980, and no later than December 31, 1980. His successor 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.

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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 Towns County to issue the call for an election for the purpose of submitting this Act to the electors of the Town County school district for approval or rejection. The superintendent shall set the date of such election for Thursday, February 2, 1978. 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 Towns 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 Towns County and providing for the appointment of the county school superintendent by the board of education 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, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Towns 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 1977 Session of the General Assembly of Georgia, a referendum, if adopted, a bill to provide the election of the members of the board of Education of Towns County;

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To provide for the appointment of the Superintendent of school by said board of education. To provide for all other matters relative to the foregoing to repeal conflicting laws and for other purposes. This 17th day of January, 1977. /s/ Ralph Twiggs Representative, 4th District 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 7, 14 and 21, 1977. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF FORSYTHNEW CHARTER. No. 564 (House Bill No. 1117). An Act to provide for a new charter for the City of Forsyth; to provide for the government, powers, duties and responsibilities of said city; to provide for all necessary matters

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connected therewith; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: CHARTER ARTICLE I CREATION, POWERS, INCORPORATION Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Forsyth, repealing and replacing, the charter provided by an Act of the General Assembly approved in 1902 (Ga. L. 1902, p. 427, et seq.), as amended. The City of Forsyth, Georgia, in the County of Monroe and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of City of Forsyth, Georgia, and shall continue to be vested with all of the property and rights of property which now belong to the city, and by that name shall have perpetual succession. Section 1.11. Corporate Boundaries. (a) The corporate boundaries of the city shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by general State law. The city clerk shall maintain a current official map and written legal description indicating the boundaries of the city. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Photographic, typed or other copies of such map or description certified by the city clerk shall be admitted as 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 by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map which it is designated to replace. Section 1.12. Powers of the City. The City of Forsyth shall have all powers possible for a city to have under the

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present and future Constitution and laws of the State of Georgia as fully and completely as though they were specifically enumerated in this charter, except where said powers are limited in this charter. Section 1.13. Construction. The powers of the City of Forsyth under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power stated in this Article. ARTICLE II LEGISLATIVE BRANCH CHAPTER 1: THE COUNCIL Section 2.101. Creation; Composition; Number; Election. The legislative authority of the government of the City of Forsyth, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six aldermen. The mayor and aldermen shall be elected in the manner provided by Article V of this charter. Section 2.102. Terms and Qualification of Office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or aldermen unless he shall have been a resident of the city for the period prescribed by general State law 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 Forsyth, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Section 2.103. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) VacanciesThe office of mayor or alderman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner

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authorized by this charter or the laws of the State of Georgia. (b) Forfeiture of OfficeThe mayor or any aldermen 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 mayor or alderman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.104. Compensation and Expenses. The mayor and aldermen shall receive as compensation for their services and reasonable and necessary expenses such amounts as may be established by ordinance either heretofore or hereafter; provided, however, any change in compensation for the mayor and aldermen shall take place not sooner than the calendar year following the date on which the change was made. Section 2.105. 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 2.106. General Power and Authority of the Council. Except as otherwise provided by general State law or by this charter, the council shall be vested with all the powers of government of the City of Forsyth, as provided by Article I. Section 2.107. Conflict of Interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:

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(a) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties. (b) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence of his judgment or action in the performance of his official duties. (c) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is employed without proper legal authorization, or use such information to advance the financial or other private interest of himself or others; (d) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is employed; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (e) Represent private interest in any action or proceeding against the council by which he is employed; (f) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest. Section 2.108. Disclosure. 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 any department of the city shall disclose such private interest to the council. The mayor or any councilman who has a private interest in any matter pending before the council shall disclose such private interest

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and such disclosure shall be entered on the records of the council and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity. Section 2.109. Use of Public Property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit except in accordance with policies promulgated by the council or the governing body of such agency or entity. Section 2.110. Contracts Voidable and Rescindable. Any violation of this Chapter which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of council. Section 2.111. Ineligibility of Elected Officials. Except where authorized by law, neither the mayor nor any alderman shall hold any other elective or compensated appointive office in the city government or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former alderman shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. Section 2.112. Penalties for Violation. (a) Any city officer or employee who willfully conceals such financial interest or willfully violates any of the requirements of this Chapter shall, upon conviction, be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (b) Any officer or employee of the city who shall forfeit his office or position as described in subsection (a), shall

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be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. CHAPTER 2: MAYOR AND MAYOR PRO TEM Section 2.201. Chief Executive Officer. The mayor shall be the chief executive officer of the City of Forsyth. He shall have all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all of the executive and administrative powers contained in this charter. Section 2.202. Term and Qualification of Mayor. The mayor shall be elected for a term of two years and until his successor is elected and qualified. He shall be a qualified elector of the City of Forsyth, and shall meet the qualifications required by members of the State House of Representatives by the Georgia Constitution, and shall have been a resident of the City of Forsyth immediately preceding his election for the period established by general State law. He shall continue to reside in the City of Forsyth during the period of his service. Section 2.203. Powers and Duties. As the chief executive of the City of Forsyth, the mayor shall: (a) See that all laws and ordinances of the city are faithfully executed; (b) Cast a vote at city council meetings only when such vote shall cause there to be four affirmative votes on the question at issue. (c) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (d) Prepare and submit to the council a recommended capital and annual operating budget; (e) Submit to the council at least once a year a statement

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covering the financial conditions of the city and, from time to time, such other information as the council may request; (f) Recommend to the council such measures relative to the affairs of the city, improvement of government, and promotion of the welfare of its inhabitants as he may deem expedient; (g) Call special meetings of the council as provided for in Section 2.302(b); (h) Approve or disapprove ordinances as provided in Section 2.307; (i) Examine and audit all accounts of the city before payment; (j) Require any department or agency of the city to submit written reports with connection to the affairs thereof, whenever he deems it expedient; (k) Perform other duties as may be required by general State law, this charter, or ordinance; (l) Preside at all meetings of the city council. Section 2.204. Mayor Pro Tem. Following the induction of members at the organization meetings provided for in section 2.301, 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. When the council determines that the mayor is unable to carry out his duties due to absence or disability, the mayor pro tem shall assume all the rights and privileges of the office of mayor and shall perform the duties of the office of mayor until the council determines that the mayor is able to resume his duties. In case of the absence or disability of the mayor pro tem, the council shall elect another alderman to the office of mayor pro tem. CHAPTER 3: ORGANIZATION, RULES AND PROCEDURE OF COUNCIL Section 2.301. Organization Meeting. The council shall meet for organization on the first Tuesday of each January.

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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 (title or office) 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 the United States of America. Section 2.302. 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 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 forty-eight hours in advance of the meeting. Such notice shall not be required if the mayor and all aldermen 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. With such consent any business which may be transacted at a regular meeting may be conducted at the special meeting. Section 2.303. Quorum; Voting. Four aldermen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by roll-call vote and shall be recorded in the journal. The affirmative vote of four members of the council shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.304. Action Requiring an Ordinance. In addition to such acts of the council as are required by statute

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or by this charter to be by ordinance, every act of the council establishing a fine or other penalty or providing for the method of expenditure of funds or for the contracting of indebtedness shall be by ordinance. Section 2.305. Procedure for Adoption of Ordinances. (a) An ordinance may be introduced and given a first reading by any member of the council at a regular or special meeting of the council. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be The Council of the City of Forsyth hereby ordains.... (b) Following the first reading of any proposed ordinance except emergency ordinances, the city clerk shall distribute a copy to the mayor and to each of the aldermen, shall file a reasonable number of copies in the office of the clerk, and shall provide for publication of the proposed ordinance in a local newspaper for two consecutive weeks. (c) Exception as to Newspaper Publication of Code Ordinances. Notwithstanding the provisions of the foregoing section, ordinances adopting by reference any standard codes or regulations need not be published in a newspaper, either before or after final passage. At least one correct copy of the ordinance, in the form in which it has been passed on first reading, shall, however, be made available to public inspection in the office of the city clerk and in lieu of publication of the ordinance, there shall be published a notice, describing the ordinance in brief and general terms and stating that the ordinance is available for public inspection at the office of the city clerk. (d) Proposed ordinances, except emergency ordinances, shall be given a second reading at the next meeting of the council following the second publication of the proposed ordinance in the local newspaper and, after such reading, all persons interested shall be given an opportunity to be heard. A vote of the council may be taken at that time and the proposed ordinance adopted. (e) The council may then pass such ordinance with or without amendment, except that if it shall make an amendment

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which constitutes a change of substance, it shall not finally pass the ordinance until it shall have caused the amended sections to be published twice in a local newspaper. The second passage of any ordinance pursuant to this charter shall be final and no further passage shall be required. (f) Repeal. An ordinance may be repealed by the adoption of a repealing ordinance in the manner provided in this section or by the initiative and referendum procedures prescribed in section 2.309. Section 2.306. Emergency Ordinances. To meet a public emergency 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 general State 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 in 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 aldermen 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 thirty 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 2.307. Submission of Ordinances to the Mayor. (1) Every ordinance adopted by the council shall be presented promptly to the mayor. (2) The mayor, within ten calendar days or receipt of an ordinance, shall return it to the clerk with or without his

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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 eleventh calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (3) Any ordinance vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting. Should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of five members, it shall become law. If such action is not taken by the council, the ordinance shall not become law. (4) The mayor may disapprove or reduce any item or items in the budget. The approved or reduced parts of any budget 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 2.308. Codification and Printing. The council shall provide for the codification, updating, revision, and printing of all ordinances of general application, copies of which shall be made available to the public at reasonable cost. Section 2.309. Initiative and Referendum. The council shall by ordinance prescribe procedures to govern the initiation, adoption, and repeal of ordinances by the electorate, and the council shall authorize an initiative or referendum election on petition of at least 15% of the registered voters qualified to vote in the preceding general municipal election. ARTICLE III EXECUTIVE BRANCH Section 3.101. Administrative and Service Departments. Except as otherwise provided by general State law or this

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charter, the council, by ordinance, may establish, alter, or abolish nonelective 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 position of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. Section 3.102. Department Heads. Directors of departments shall be appointed by the council solely on the basis of their respective administrative and professional qualifications and may be removed by the council in the manner provided by ordinance. Directors of departments shall have such powers and receive such compensation as provided by council. Section 3.103. City Employees. The council shall adopt by ordinance rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan; methods of promotion and application of service ratings thereto, and transfer of employees with the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) procedures for disciplinary and grievance actions; and (5) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Forsyth. Section 3.104. City Clerk. The council shall elect a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city, and perform such other duties as may be required by general State law or as the

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council may direct. The compensation for the clerk shall be provided by council. Section 3.105. 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 3.106. Boards, Commissions and Authorities. (a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the council deems necessary and shall by ordinance establish the composition, period of existence, and powers thereof. (b) All members of board, commissioners, and authorities of the city shall be appointed by the city 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 general State law. (c) The city council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) No paid member of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for the original appointment, except as otherwise provided by this charter or general State law.

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(f) No member of any board, commission or authority shall assume office until he shall have executed and filed with the clerk an oath obligating himself to faithfully and impartially perform the duties of the office, such oath to be prescribed by ordinance of the council and administered by the mayor. (g) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by general State law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice chairman 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 general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city. ARTICLE IV JUDICIAL BRANCH Section 4.101. Jurisdiction and Authority. There is hereby established a court to be known as the Recorder's Court, City of Forsyth, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may 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 of Forsyth which, under the laws of Georgia, are placed within the jurisdiction of municipal

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or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and aldermen. Section 4.102. Recorder and Recorder Pro Tem. (a) No person shall be qualified or eligible to serve as recorder unless he shall be a qualified voter in Monroe County, shall have resided therein at least two years immediately preceding his election and shall have been a member in good standing of the State Bar of Georgia for not less than three years prior to taking office. The recorder shall be appointed by ordinance and shall serve for a term of office of one year and until his successor is appointed and qualified. The term of office of the recorder shall expire on the first Tuesday in January of each year. The initial recorder appointed hereunder shall be appointed by the mayor and aldermen within thirty (30) days after the effective date of this Act and shall hold office until the first Tuesday in January, 1978. The recorder shall be eligible for reappointment. The compensation of the recorder shall be fixed by ordinance. (b) The recorder pro tem shall serve in the absence of the recorder, shall have the same qualifications as the recorder, and shall be appointed by the recorder. The compensation of the recorder pro tem shall be fixed by ordinance. (c) Before entering on the duties of his office, the recorder or recorder pro tem shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the city ocuncil.

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Section 4.103. Powers. The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Forsyth passed in accordance with this charter or for the violation of any offense which the law of Georgia is placed within the jurisdiction of this court to an amount not to exceed three hundred dollars ($300.00), or at labor on the roads and streets or other publc works of said city for not more than sixty days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of fifty dollars or labor not exceeding ten days or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committeed within the limits of the City of Forsyth or on city property, which warrants may be executed by any police officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall 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 of the City of Forsyth or on city property. 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 Forsyth and on property owned by the city. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire aforementioned area granted by State laws generally to mayors, recorders, and police courts, and particularly such laws to authorize the abatement of nuisances. Section 4.104. Rules and Regulations. Unless otherwise provided herein and with the approval of the mayor and aldermen the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the city council may adopt by ordinance in part or in total the rules and regulations relative to the procedures to the

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operation of the superior courts under the general laws of the State of Georgia. Section 4.105. Appeal. The right to appeal to the Superior Court of Monroe County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the probate court. An appeal to the superior court shall be a de novo proceeding. ARTICLE V ELECTIONS Section 5.101. Regular Elections; Time for Holding. On the first Tuesday in November, 1977, and on said date every two years thereafter, there shall be an election for the office of mayor and for the offices of aldermen from posts 4, 5 and 6. On the same day and month in 1978, and on said date every two years thereafter, there shall be an election for the offices of aldermen from posts 1, 2 and 3. The terms of office of the members of the council shall begin at the day and hour of taking oath of office as provided in Article II, section 2.301 of this charter and shall extend for a period of two years. Section 5.102. Regulations for Conduct of Elections. The council shall, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and other such rules and regulations as may be necessary for the conduct of elections in the City of Forsyth; provided, however, that the procedures and requirements so established 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 5.103. Special Elections; Vacancies. In the event that the office of the mayor or alderman 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 two months of the expiration of the

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term of office of the mayor or any alderman, said vacancy in office shall be filled by appointment by the remainnig members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. ARTICLE VI FINANCE AND FISCAL CHAPTER 1: TAXES AND ASSESSMENTS Section 6.101. Ad Valorem Taxes. The council shall be authorized to levy an ad valorem tax not exceeding 10 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. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the ad valorem tax levied by the City of Forsyth. 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 6.102. Occupational Taxes. The council by ordinance shall have full power to levy such business or occupation taxes upon the residents of the City of Forsyth, 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 and as are not prohibited by general State law; to classify businesses, occupations, professions or callings for the purpose of such taxation

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in any way which may be lawful; to require such persons to register with the city clerk; to compel the payment of such taxes 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. Section 6.103. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the 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 6.104. 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 ad valorem 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 Chapter on delinquent taxes, fees, assessments, or on other amounts due to the city. Section 6.105. 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 Forsyth, 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 taxes and shall be enforceable

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in the same manner and under the same remedies as a lien for city taxes. Section 6.106. 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. 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 taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this Article for city taxes. Section 6.107. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment when made shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. CHAPTER 2: BONDS AND NOTES Section 6.201. 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 general State laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

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Section 6.202. Revenue Bonds. Revenue bonds may be issued by the council as provided by general State law as now or hereafter provided. Section 6.203. Short-term Notes. Pursuant to applicable State law as now or hereafter provided the city may obtain temporary loans between January 1 and December 31 of each year. CHAPTER 3: FISCAL POLICIES Section 6.301. 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 and federal law. Section 6.302. 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 6.303. 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 6.304. Central Purchasing; Conveyance of Property. (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Forsyth. (b) All disposition of any real or personal property owned or held by the City of Forsyth for governmental or other purposes shall be by sale to the highest responsible bidder either by sealed bids or by auction after due notice has been given, as provided for by general State law; provided, however, that the city shall have the right to reject any and all bids or to cancel any proposed sale.

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(c) The City of Forsyth may sell any lots from a municipal cemetery and may also sell personal property belonging to the city with an estimated value of $50.00 or less without regard to the foregoing provisions of this section, at public or private sale, with or without advertisement, for such consideration as it shall deem equitable and just for the city. (d) Whenever in opening, extending or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.101. Franchises. The council shall have the power to grant franchises to or make contracts with railroads, street railways or urban transportation companies, electric light or power companies, water companies and other public utilities for the use and occupancy of the streets of the city for the purpose of rendering utility services, subject to general State law. Provided, however, that no franchise shall be granted for a period in excess of 50 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the city clerk in the registration book to be kept by him. Section 7.102. Eminent Domain . The council shall have the power to acquire property, both within and without the

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city, for the purposes of making any public improvements either within or without the city, which are authorized by general State law. Such exercise of the power of eminent domain by the city shall be in accordance with and in the manner prescribed by general State law. ARTICLE VIII GENERAL PROVISIONS Section 8.101. Official Bonds. The officers and employees of the City of Forsyth, 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 or as may be required by general State law. Section 8.102. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $300.00 or at labor on the roads and streets or other public works of said city for not more than sixty days, or both such fine and labor. Section 8.103. 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 8.104. 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 8.105. Specific Repealer. An Act incorporating the City of Forsyth in the County of Monroe, approved in 1902 (Ga. L. 1902, p. 427 et seq.) is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed

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in their entirety. However, 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 any intention to repeal or affect enumerated laws. Section 8.106. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. ARTICLE IX INTERIM PROVISIONS Section 9.101. Officials and Officers. The current terms of office of all elected and appointed officials and officers of the City and its agencies, serving on the effective date of this charter, shall not be diminished and shall continue in full force and effect. Section 9.102. Existing Ordinances and Resolutions Continued in Effect. Existing ordinances and resolutions of the City of Forsyth and existing rules and regulations of departments and agencies thereof not inconsistent with the provisions of this charter shall be effective as ordinances and resolutions of the council and as rules and regulations of the appropriate department or agency thereof until they have been repealed, modified, or amended. Section 9.103. Contracts and Obligations. All contracts, orders, leases and other obligations or instruments entered into by the City of Forsyth or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof, as obligations and rights of the city. Section 9.104. Existing Rights and Interests. (a) Any rights, actions, or interest, public or private, vested in whole or in part on the effective date of this charter, whose validity might be sustained or preserved by reference to any provisions of law repealed by this charter, shall not be affected by this charter. (b) Any rights, actions, or interests, public or private, derived from or which might be sustained or preserved in reliance upon, action taken (including adoption of ordinances

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or resolutions) pursuant to or within the scope of any provisions of law repealed by this charter, shall not be affected by this charter. Section 9.105. Franchise Registration. All persons or corporations to whom a franchise has been granted prior to the adoption of this charter shall, within a reasonable time, register such franchise with the city clerk. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, an Act to provide a new charter for the City of Forsyth; to provide for all other matters relative to the foregoing; and for other purposes. This 3rd day of January, 1977. /s/ Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following dates: January 5, 12, 19, 1977. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me this 2nd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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McINTOSH COUNTY SUPERIOR COURT CLERKCOMPENSATION AND PERSONNEL CHANGES. No. 565 (House Bill No. 1120). An Act to amend and Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County on an annual salary, approved April 6, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3111), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3932), so as to change the compensation of the clerk of the superior court; to change the provisions relating to the clerk's assistant; to provide for additional personnel within the clerk's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County on an annual salary, approved April 6, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3111), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3932), is hereby amended by striking from section 3 the following: $11,500, and inserting in lieu thereof the following: $15,000, so that when so amended section 3 shall read as follows: Section 3. The clerk of the superior court shall receive an annual salary of $15,000, payable in equal monthly installments from the funds of McIntosh County, and shall also receive an expense allowance of $600 per annum, payable in equal monthly installments from the funds of McIntosh County.

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Section 2. Said Act is further amended by striking in its entirety section 10 and substituting in lieu thereof a new section 10 to read as follows: Section 10. The clerk of the superior court shall be authorized to employ one assistant and fix the compensation of such assistant at not less than $7,200.00 per annum, payable in equal monthly installments from the funds of McIntosh County. Upon the approval of the governing authority of McIntosh County, the clerk may employ an additional assistant at an annual salary of not less than $5,200.00, such salary to be fixed by the governing authority of said county. Said assistants shall serve at the pleasure of the clerk. Section 3. This Act shall become effective on July 1, 1977. 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 1977 session of the General Assembly of Georgia a bill to amend an Act placing the Clerk of Superior Court of McIntosh County on an annual salary, approved April 6, 1965 (Ga. L. 1965, p. 3239), as amended, so as to change the compensation of the Clerk of Superior Court; to provide for a second assistant to the Clerk of Superior Court; and for other purposes. This 4th day of February, 1977. /s/ Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he is Representative from the

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139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates: February 10, 17 and 24, 1977. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 7, 1980. (Seal). Approved March 23, 1977. TOWN OF TALLULAH FALLSFINE WHICH MAY BE IMPOSED BY MAYOR AND COUNCIL INCREASED. No. 566 (House Bill No. 1121). An Act to amend an Act creating and establishing a new charter for the Town of Tallulah Falls, approved March 15, 1943 (Ga. L. 1943, p. 1593), as amended, so as to change the fine that may be imposed by the mayor and council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating an establishing a new charter for the Town of Tallulah Falls, approved March 15, 1943 (Ga. L. 1943, p. 1593), as amended, is hereby amended by striking from section 3 the following: $50.00. and inserting in lieu thereof the following:

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$200.00, so that when so amended section 3 shall read as follows: Section 3. That said mayor and council shall be a body corporate under the name and style of the mayor and council for the Town of Tallulah Falls, and shall be capable of suing and being sued, pleading and being impleaded, in any court of law in this state, and shall have power to pass and enact all laws and ordinances which may seem to them proper and just, not repugnant to the laws of this state and the United States, and to punish all offenders by fine not to exceed $200.00, or imprisonment or work upon the streets of said Town not more than thirty days, and any one or all of these penalties may be imposed at the discretion of the mayor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice of intention to introduce local Legislation amending the charter of The Town of Tallulah Falls, Georgia. 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 Clayton Tribune which is the official organ of Rabun County, on the following dates: February 10, 17 and 24, 1977. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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EFFINGHAM COUNTY PROBATE COURT JUDGECOMPENSATION AND PERSONNEL, ETC., CHANGED. No. 567 (House Bill No. 1123). An Act to abolish the present mode of compensating the Judge of the Probate Court of Effingham 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 Effingham 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 of Effingham County shall receive an annual salary equal to the minimum annual salary provided for such judge of the probate court by an Act providing minimum salaries for judges of the probate courts approved March 21, 1974 (Ga. L. 1974, p. 455), as now or hereafter amended. 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

Page 4011

received. At the time of each such monthly payment into the 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. 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 person who shall be employed as such deputies, clerks, assistants or other employees and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 5. The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials furnishings, furniture and utilities 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 Effingham County. 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.

Page 4012

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 an Act will be introduced in the regular session 1977 of the General Assembly of Georgia to abolish the present mode of compensating the Judge of the Probate Court of Effingham County, known as the fee system; to provide in lieu thereof an annual salary, and to provide for all other operating expenses of said office and for other purposes. Board of Commissioners of Effingham County, Georgia George G. Allen, Chairman 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 the Representative from the 129th District, and the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following dates: February 10, 17 and 24, 1977. /s/ George A. Chance Representative, 129th District Sworn to and subscribed before me this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980 (Seal) Approved March 23, 1977.

Page 4013

BARTOW COUNTY SHERIFFAUTOMOBILE PROVISIONS CHANGED. No. 568 (House Bill No. 1125). An Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Judge of the Probate Court of Bartow County on a salary basis instead of a fee basis, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2449), so as to change the provisions thereof relative to the sheriff's automobiles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Judge of the Probate Court of Bartow County on a salary basis instead of a fee basis, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2449), is hereby amended by striking subsection (d) of section 2 in its entirety and inserting in lieu thereof a new subsection (d) which shall read as follows: (d) The county commissioner shall furnish such automobiles as are required by the sheriff's office, and all equipment, maintenance, insurance, and operating expenses therefor shall be paid for by the county commissioner. In the event the county commissioner and sheriff disagree on the required number of vehicles, the next regular session of the Bartow County Grand Jury, after fully hearing from both the county commissioner and sheriff, shall make such determination. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4014

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, legislation to change the compensation of the sheriff, by requiring the county commissioner of Bartow County to furnish the sheriff's office the required vehicles, maintenance, operation and related equipment in the operation of the sheriff's office; such change in compensation to be effective upon those persons assuming office in 1977; and for other purposes. This 7th day of February, 1977. 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: February 10, 17 and 24, 1977. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 4015

BUTTS COUNTY TAX COMMISSIONERRECEIPT OF CERTAIN FEES AUTHORIZED. No. 569 (House Bill No. 1128). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Butts County into the office of Tax Commissioner of Butts County, approved March 27, 1972 (Ga. L. 1972, p. 2873), as amended by an Act approved March 9, 1973 (Ga. L. 1973, p. 2077), so as to authorize the tax commissioner to receive certain fees in addition to any other compensation provided by law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Butts County into the office of Tax Commissioner of Butts County, approved March 27, 1972 (Ga. L. 1972, p. 2873), as amended by an Act approved March 9, 1973 (Ga. L. 1973, p. 2077), is hereby amended by striking section 4 thereof in its entirety and substituting in lieu thereof a new section 4, to read as follows: Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Butts 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, except 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, and those commissions allowed

Page 4016

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, which commissions the tax commissioner shall be entitled to receive and retain in addition to the salary provided for herein or otherwise provided for by law. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Butts County into the office of tax commissioner of Butts County, approved March 27, 1972 (Ga. L. 1972, p. 2873), so as to authorize the tax commissioner to receive certain fees in addition to any other compensation provided by law; to provide an effective date; and for other purposes. This 7th day of February, 1977. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones 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

Page 4017

County, on the following dates: February 10, 17 and 24, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. LAMAR COUNTY SHERIFFRESIDENCE REQUIREMENT REPEALED. No. 570 (House Bill No. 1130). An Act to amend an Act placing the Sheriff of Lamar County on a salary basis, approved March 10, 1965 (Ga. L. 1965, p. 2207), so as to repeal the provisions relating to the residence of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Lamar County on a salary basis, approved March 10, 1965 (Ga. L. 1965, p. 2207), is hereby amended by repealing section 19, which reads as follows: Section 19. Said sheriff of Lamar County, Georgia shall have the right to occupy the basement and first floor of the Lamar County Jail as his residence, or said sheriff may designate any of the employees herein provided for, as the

Page 4018

residential occupant of said basement and first floor of said jail., 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 1977 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Lamar County on a salary basis, approved March 10, 1965 (Ga. L. 1965, p. 2207), as amended; and for other purposes. This 7th day of February, 1977. Bill Jones Representative, 78th District Peter L. Banks Senator, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette which is the official organ of Lamar County, on the following dates: February 10, 17 and 24, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 4019

POLK COUNTY BOARD OF COMMISSIONERSSALARY CHANGES. No. 571 (House Bill No. 1131). An Act to amend an Act creating a Board of Commissioners of Polk County, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3107), so as to change the salary of the Chairman and each of the other members of the Board of Commissioners of Polk 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 Polk County, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3107), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to reads as follows: Section 8. The Chairman of the Board of Commissioners of Polk County shall receive an annual salary of $3,000.00 payable in equal monthly installments out of the funds of Polk County. The other members of the Board of Commissioners of Polk County shall each receive an annual salary of $2,400.00 payable in equal monthly installments out of the funds of Polk 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 1977 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Polk County approved August 19, 1919 (Ga. L. 1919, Page 719), as amended, for the purpose of establishing an annual salary for the Chairman and members of the Board of Commissioners

Page 4020

of Polk County, Georgia; to provide a method of payment thereof, and for other purposes. This 13th day of January, 1977. Lynn Gammage Representative, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Cedartown Standard which is the official organ of Polk County, on the following dates: January 18, 25 and February 1, 1977. /s/ Lynn Gammage Representative, 17th District Sworn to and subscribed before me, this 25th day of February, 1977. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 7, 1980. (Seal). Approved March 23, 1977. COBB JUDICIAL CIRCUITSALARY CHANGES. No. 572 (House Bill No. 1132). An Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 27, 1972

Page 4021

(Ga. L. 1972, p. 399), and by an Act approved April 24, 1975 (Ga. L. 1975, p. 1321, p. 1523), so as to change the provisions relating to the supplement to be paid to each of the judges of the Superior Court of said circuit; to change the provisions relating to the supplement to be paid to the District Attorney; to change the compensation of Assistant District Attorneys; to change the provisions requiring the payment of certain retirement, pension or benefit contributions of each of the judges of the superior court of said circuit by the governing authority of Cobb County; to provide for supplemental compensation for the secretaries of each judge and the district attorney; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 399) and an Act approved April 24, 1975 (Ga. L. 1975, p. 1321, p. 1523), 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 offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are hereby created. Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $2,000.00 from the general funds of Cobb County. The district attorney of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supplement, compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that such district attorney shall receive $30,500.00 per annum as remuneration for services rendered as the district attorney of the Cobb Judicial Circuit. In the event such compensation from State funds and such contingent expense allowance from State funds is $30,500.00 or more per annum, such local supplement provided herein shall be

Page 4022

discontinued. The district attorney of the Cobb Judicial Circuit may not engage in the private practice of law in any contested matter in any court in this State. Provided, however, that the present district attorney of the Cobb Judicial Circuit and all future district attorneys may prosecute to final completion all cases in which his name appears as counsel of record and which were filed prior to his assuming the office of district attorney of the Cobb Judicial Circuit. Section 2. Said Act is further amended by striking from the first paragraph of section 4B thereof the following: $22,000.00. and inserting in lieu thereof the following: $23,500.00, and by striking from the last sentence of said first paragraph the following: Districts, and inserting in lieu thereof the following: District Attorneys, so that when so amended said first paragraph shall read as follows: Section 4B. The District Attorney is hereby authorized to appoint in addition to those Assistant District Attorneys otherwise provided by law, two full-time or part-time Assistant District Attorneys who shall serve at the pleasure of the District Attorney and who shall assist the District Attorney in the performance of his duties. All Assistant District Attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia, and be members in good standing of the State Bar of Georgia, and shall be authorized to serve in the place of the District Attorney, in his absence or disqualification. All Assistant District Attorneys shall be compensated in the sum of not less than $9,000.00 nor more than $23,500.00 per annum. The exact amount of said compensation shall be determined by the District Attorney of the Cobb Judicial Circuit. Said sum

Page 4023

shall be payable in equal monthly installments from the general funds of said county with the exception that whenever the State of Georgia shall provide compensation to any of the Assistant District Attorneys, the amount of State compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia. Section 3. Said Act is further amended by striking in its entirety section 4C of the amendatory Act, approved April 25, 1975 (Ga. L. 1975, p. 1563), which reads as follows: Section 4C. The governing authority of Cobb County shall pay any retirement pension or benefit contribution of each Judge of the Superior Court of the Cobb Judicial Circuit as such judge is required to pay under any general law of the State of Georgia. Section 4. Said Act is further amended by adding following section 4E thereof a new section, to be designated section 4F, to read as follows: Section 4F. Each secretary employed by each judge of the Superior Court of the Cobb Judicial Circuit may receive, in addition to any State funds authorized by law for the payment of any such secretary, a supplement not to exceed $1,500.00 per annum from the general funds of Cobb County, in an amount to be fixed by the governing authority of said county. Section 5. Said Act is further amended by adding a new section immediately following section 4F, to be designated section 4G, to read as follows: Section 4G. The secretary employed by the district attorney of the Cobb Judicial Circuit may receive, in addition to any State funds authorized by law for the payment of such secretary, a supplement not to exceed $1,500.00 per annum from the general funds of Cobb County, in an amount to be fixed by the governing authority of said county. Section 6. Said Act is further amended by adding a new section immediately following section 4G, to be designated section 4H, to read as follows:

Page 4024

Section 4H. The governing authority of Cobb County shall pay to each judge of the Superior Court of the Cobb Judicial Circuit a sum equal to the contribution required for judges by an Act known as the `Trial Judges and Solicitors Retirement Fund Act', approved March 11, 1968 (Ga. L. 1968, p. 259), as now or hereafter amended. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1977 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951, (Ga. L. 1951, p. 184), as amended; and for other purposes. This..... day of....., 19...... Joe Thompson Senator, 32nd District Roy E. Barnes Senator, 33rd District Haskew H. Brantley, Jr. Senator, 56th District Bill Cooper Representative, 19th District Johnny Isakson Representative, 20th District Carl Harrison Representative, 20th District Ken Nix Representative, 20th District Eugene Housley Representative, 21st District A. L. Burruss Representative, 21st District Max Kaley Representative, 19th District Joe Mack Wilson Representative, 19th District

Page 4025

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: February 11, 18 and 25, 1977. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 28 day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. COBB COUNTY TAX COMMISSIONERSSALARY CHANGED. No. 573 (House Bill No. 1133). An Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4452), so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office

Page 4026

of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4452), is hereby amended by striking from section 3 the following: $18,000.00, and inserting in lieu thereof the following: $23,000.00, and by striking from section 3 the following: $15,500.00, and inserting in lieu thereof the following: $20,500.00, so that when so amended, section 3 shall read as follows: Section 3. The salary of said tax commissioner shall be $23,000.00 per annum to be paid monthly from the funds in the county treasury. The tax commissioner shall be allowed one chief clerk whose salary shall be $20,500.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of Tax Commissioner of Cobb County shall on the date of his qualifying for such office in either a primary or a general election, certify to the Judge of the Probate Court of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of Tax Commissioner of Cobb County, and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the Tax Commissioner of Cobb County shall have thirty days from said date of death or removal from office of said chief clerk to certify to the Judge of the Probate Court of Cobb County the name of the chief clerk to be appointed by him. Section 2. This Act shall become effective on the first

Page 4027

day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended; and for other purposes. This..... day of....., 19...... Joe Thompson Senator, 32nd District Roy E. Barnes Senator, 33rd District Haskew B. Brantley, Jr. Senator, 56th District Bill Cooper Representative, 19th District Johnny Isakson Representative, 20th District Carl Harrison Representative, 20th District Ken Nix Representative, 20th District Eugene Housley Representative, 21st District A. L. Burruss Representative, 21st District Max Kaley Representative, 19th District Joe Mack Wilson Representative, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on

Page 4028

oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: February 11, 18 and 25, 1977. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CLAYTON COUNTY TAX COMMISSIONERDEPUTY'S SALARY CHANGED. No. 574 (House Bill No. 1134). An Act to amend 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 approved March 25, 1974 (Ga. L. 1974, p. 3305), so as to change the compensation of the deputy tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly

Page 4029

by an Act approved March 25, 1974 (Ga. L. 1974, p. 3305), is hereby amended by striking the words, symbols and figure thirteen thousand two hundred dollars ($13,200.00) from section 7A and inserting in lieu thereof the words, symbols and figure fifteen thousand dollars ($15,000.00), so that section 7A, when so amended, shall read as follows: Section 7A. There is hereby created an office in Clayton County to be known as deputy tax commissioner, and the Tax Commissioner of Clayton County is hereby authorized to appoint the deputy tax commissioner. The deputy tax commissioner shall serve at the pleasure of the tax commissioner, and he may be removed from office by the tax commissioner. The deputy tax commissioner shall have the same authority granted to tax receivers and tax collectors by the laws of this State when acting on behalf and at the direction of the Tax Commissioner of Clayton County. The qualifications of the deputy tax commissioner shall be the same as those prescribed for the tax commissioner, and he shall be required to take the same oath of office as the tax commissioner after appointment and before assuming the duties of his office. The deputy tax commissioner shall receive, as compensation for his services, a salary to be fixed in the discretion of the tax commissioner in an amount not to exceed fifteen thousand dollars ($15,000.00) per annum, payable in equal monthly installments out of the funds of Clayton County. The deputy tax commissioner shall not be subject to the provisions of the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), 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 Make Application for Local Legislation. Notice is hereby given that application will be made to introduce at the regular 1977 Session of the General Assembly of Georgia an Act to amend an Act relating to Deputy Tax Commissioners of Clayton County, approved August

Page 4030

18, 1925 (Ga. L. 1925, p. 600) as amended through 1974 (Ga. L. 1974, p. 3305) so as to provide for a change in the compensation of the Deputy Tax Commissioners; to repeal conflicting laws and resolutions; to provide for an effective date; and for other purposes. This the 2nd day of February, 1977. John R. McCannon County Attorney 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 below was published in said newspaper on the following dates: Feb. 8, 15, and 22, 1977. /s/ Jim Wood Sworn to and subscribed before me, this 22nd day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission Expires Sept. 26, 1978. (Seal). Approved March 23, 1977. CITY OF HAZLEHURSTELECTION DATE CHANGED, ETC. No. 575 (House Bill No. 1136). 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, particularly

Page 4031

by an Act approved January 21, 1971 (Ga. L. 1971, p. 3419), and by an Act approved March 31, 1976 (Ga. L. 1976, p. 3592), so as to change the date of city elections; to provide for the filling of vacancies in certain city offices; to provide 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, particularly by an Act approved January 21, 1971 (Ga. L. 1971, p. 3419), and by an Act approved March 31, 1976 (Ga. L. 1976, p. 3592), is hereby amended by striking in the first sentence of subsection (b) of section 4 thereof the following: following the election to be held on the third Wednesday, and by inserting in lieu thereof the following: shall be held on the first Tuesday, so that when so amended said subsection shall read as follows: (b) All subsequent elections for City officials, except special elections, shall be held on the first Tuesday in December of each odd-numbered year. The Mayor and Commissioners elected in each such election shall take office on the first day of January following their election. Section 2. Said Act is further amended by striking in its entirety subsection (d) of section 4 thereof, which reads 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

Page 4032

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., and by inserting in lieu thereof a new subsection (d) to read as follows: (d) In the event of a vacancy in any ward, either by removal of domicile or by failure to elect a commissioner as provided in section 4, then and in that event the commissioners shall have the right, power and authority to name and appoint a commissioner from such ward for the term or remainder of the term for which such commissioner would have been elected or for the unexpired term. Such appointment shall be made within 30 days after a vacancy, and the person appointed shall be such commissioner after he or she qualifies by subscribing to the required oath of office. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that there will be introduced in the 1977 regular session of the Georgia General Assembly, a bill amending the charter of the City of Hazlehurst. 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 that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

Page 4033

in the Jeff Davis Ledger which is the official organ of Jeff Davis County, on the following dates: January 26, February 2 and 9, 1977. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. HALL COUNTYPOLICE POWER DELEGATED TO BOARD OF COMMISSIONERS FOR CERTAIN PURPOSES. No. 576 (House Bill No. 1137). An Act to amend an Act creating the Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, so as to provide for the delegation of police powers of the State with respect to persons and property situated within the County of Hall and without the territorial limits of any municipality in said county; to provide for the exercise of such powers; to provide for ordinances, resolutions, rules and regulations respecting persons or property and all other matters and things affecting good government of said county as the said board shall deem requisite and proper for the security, welfare, health and convenience of said county and for the preservation of the peace and good order of said county; to provide for certain violations and the punishment thereof; to repeal conflicting laws; and for other purposes.

Page 4034

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, is hereby amended by adding between sections 13 and 14 a new section, to be designated section 13.1, to read as follows: Section 13.1. (a) The Board of Commissioners of Hall County is hereby delegated the police powers of the State with respect to persons and property situated within the County of Hall, except with respect to those persons or property situated within the territorial limits of any municipality in such county, and in the exercise of such powers is expressly authorized and empowered to make and establish by ordinance or resolution such rules and regulations respecting persons or property and all other matters and things affecting the good government of the county as it shall deem requisite and proper for the security, welfare, health, and convenience of said county and for the preservation of the peace and good order of the same; provided, such ordinance or resolution, the violation of which is intended by said Board to subject the violator thereof to the punishment provided in subsection (b) of this section, shall be designated as such and shall be read at no less than two (2) consecutive regular meetings of said Board before said ordinance or resolution shall constitute a legal basis for the prosecution of any such violator under said subsection (b). (b) Any person, firm or corporation violating any rule, regulation, ordinance or resolution made by said board of commissioners and established pursuant to the powers authorized by subsection (a) of this section shall be guilty of a misdemeanor, amenable to the processes of the Superior Court of Hall County or the State Court of Hall County and, upon conviction of such misdemeanor, shall be punished by a fine not to exceed $100.00 or by confinement in the county jail or correctional institution not to exceed three (3) months, either fine or confinement, or both, in the discretion of the court.

Page 4035

(c) The powers herein conferred are not to be construed as exhaustive of or in conflict with other powers heretofore conferred upon the Board of Commissioners of Hall County but, on the contrary, shall be construed as cumulative and in aid of such other powers. Section 2. All laws 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 during the 1977 session of the General Assembly of Georgia, to authorize and empower the Board of Commissioners of Hall County, Georgia to declare violations of its rules, regulations, ordinances or resolutions to be a misdemeanor and to provide penalties therefore, and for other purposes. This 31st day of January, 1977. Joe T. Wood Representative, Post 1, District 9 Douglas Whitmire Representative, Post 2, District 9 Jerry Jackson Representative, Post 3, District 9 Howard T. Overby Senator, 9th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood who, on oath, deposes and says and he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

Page 4036

in The Times which is the official organ of Hall County, on the following dates: February 3, 10 and 17, 1977. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF WARNER ROBINSRECALL PROVISIONS FOR MAYOR AND COUNCIL CHANGED. No. 577 (House Bill No. 1141). 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 provide for the recall of the mayor and members of the council; to provide the procedures connected therewith; to provide special elections for filling vacancies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, is hereby amended by adding between sections 6 and 7 a new section to be designated section 6A to read as follows: Section 6A. The mayor or any councilman shall be subject to removal during his term of office in the following manner:

Page 4037

(a) Anyone intending to circulate a petition requiring a recall election shall file notice of said intention with the City Clerk of the City of Warner Robins and shall specify against whom the proposed recall petition is directed. If 20% of the electors eligible to participate in the last preceding general city election shall sign such a recall petition beginning on the date the notice of intention to circulate the petition is filed with the city clerk and ending six months from the date said notice of intention is filed with the city clerk, which petition must be filed in the office of the city clerk before the expiration of said six-month period, a special election shall be called and held within 60 days and conducted as provided for special elections in the Georgia Municipal Election Code on the subject only, of the recall and nonrecall of such official. It shall be the duty of such official having charge of elections to check the names on the electors registration list and deport to the mayor and council and certify to 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 mayor and council with the petition at the next meeting held more than five days after the filing of such petition. When so reported and certified, if the required number of electors have signed the petition, 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. At said election, the ballots shall be as follows, with the name of such officer and office inserted in the blanks: for the recall of....., Holding the office of....., Against the recall of....., Holding the office of....., and shall contain such other instructions as considered necessary, and the voter shall indicate thereon which proposition is favored. (b) A meeting of the mayor and council shall be called and held within three days after the date of such election for

Page 4038

the purpose of receiving the returns of the election and declaring the result thereof. If a majority of those voting in the election vote in favor of the recall of the official, his office shall be declared immediately vacant and the remaining members of the mayor and council shall issue a call for a special election; but if a majority of those voting in the election fail to vote in favor of recall, the official 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. (c) Notwithstanding any other provisions of this Act, a person elected to the office of mayor or a person elected to the office of councilman shall not be subject to recall as provided herein until such person has served one year in office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1977 session of the General Assembly of Georgia, a bill providing for Recall Election of the Mayor and Members of Council for the City of Warner Robins, Georgia under certain conditions including a Petition signed by the required number of registered voters. Such legislation shall constitute an Amendment to the Charter of the City of Warner Robins, Georgia. This 4th day of February, 1977. Ed Barker State Senator Ted Waddle State Representative District 113 Roy H. Watson, Jr. State Representative District 114

Page 4039

Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to introduce local legislation was published in The Houston Home Journal on the following dates: February 10, 17, 24, 1977. This 24th day of February, 1977. /s/ Bobby Branch Publisher, Houston Home Journal, Perry, Georgia Sworn to and subscribed before me, this 24th day of February, 1977. /s/ Janice E. Colwell Notary Public, Georgia State at Large. My Commission Expires March 7, 1980. (Seal). Approved March 23, 1977. BAKER COUNTY BOARD OF EDUCATIONSALARY CHANGES. No. 578 (House Bill No. 1146). An Act to amend an Act to provide compensation for the members of the Board of Education of Baker County, approved March 21, 1958 (Ga. L. 1958, p. 2814), so as to change the compensation of the chairman and members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide compensation for the members of the Board of Education of Baker County, approved

Page 4040

March 21, 1958 (Ga. L. 1958, p. 2814), 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. Each member of the Board of Education of Baker County shall be compensated in the amount of $50.00 for each meeting of the board, except that the chairman of the board shall be compensated in the amount of $75.00 for each meeting of the board. The compensation of the members and chairman of the board shall be payable from the funds of the board. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act to provide compensation for the members of the Board of Education of Baker County, approved March 21, 1958 (Ga. Laws 1958, p. 2814), so as to change the compensation of the chairman and members of said board; to provide an effective date; and for other purposes. This 7th day of February, 1977. 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

Page 4041

to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: February 12, 19 and 26, 1977. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. DOUGHERTY COUNTY BOARD OF COMMISSIONERSVICE-CHAIRMAN AUTHORIZED. No. 579 (House Bill No. 1147). An Act to amend an Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved March 11, 1975 (Ga. L. 1975, p. 2656), so as to authorize the election of a Vice-Chairman of the Board of Commissioners of Dougherty County; to provide for the compensation, term, and duties and powers of said Vice-Chairman, and how elected; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved March 11, 1975 (Ga. L. 1975, p. 2656), is hereby amended by adding after section 1 thereof and before section 2 thereof a new section, to be designated section 1A, to read as follows: Section 1A. The Board of Commissioners of Dougherty County may elect from among its members a person to serve, at the pleasure of the Board, as Vice-Chairman of said

Page 4042

Board. Said Vice-Chairman shall preside at meetings of said Board in the absence, disability or disqualification of the chairman and during a vacancy in the office of chairman. Said Vice-Chairman shall receive no additional salary for such service as Vice-Chairman, and the rights and duties as a member of said Board shall not be impaired by reason of such service as Vice-Chairman. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. Laws 1941, p. 834), as amended; and for other purposes. This 22nd day of Dec. 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: December 31, 1976, January 7, and 14, 1977. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 4043

THOMAS COUNTY SMALL CLAIMS COURT CREATED. No. 580 (House Bill No. 1151). An Act to create the Small Claims Court of Thomas County; to provide the necessary procedures connected therewith; to repeal an Act creating a Small Claims Court in certain counties, approved March 7, 1957 (Ga. L. 1957, p. 2635), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established in Thomas County a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $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, including like powers granted to justices of the peace by the laws of the State of Georgia. Section 2. The Governor shall appoint a citizen of any such county to be judge of any such court for a four-year term beginning from the time of his appointment 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 Thomas County or any judge of a City Court located in said county, on application of any party or the said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. Any duties herein prescribed to be performed

Page 4044

by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. 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. (a) A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by an officer or person authorized by law to serve process in the superior court; or by a duly qualified Small Claims Court Bailiff; or by registered or certified mail with a return receipt; or by any private individual not a party to, or otherwise interested in, the suit, especally appointed by the judge for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, 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 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 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 Post Office employee or United States mail carrier to whom refusal was

Page 4045

made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by certified or 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. Section 8. The plaintiff, when he files his claim, shall deposit the sum of $11.50 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 $11.50. If a party shall fail to pay an accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and likewise shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be

Page 4046

in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Section 9. 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. Section 10. (a) On the day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear the suit may be dismissed for want of prosecution or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 11. If any defendant has any claim against the plaintiff, the judge may require a statement of set off to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 12. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been

Page 4047

attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he filed his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the Judge of said Small Claims Court, and the judge shall be entitled to $11.50 for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five (5) days after a claim affadavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the cost of a jury trial, shall be finally taxed against the party cast in said proceeding. Section 13. The judge of such Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 14. The judge of the Superior Court presiding in any such county may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Section 15. The judge of such court shall have power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including

Page 4048

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. Section 16. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses. Section 17. Unless otherwise demanded, such juries shall consist of six (6) persons chosen from twelve (12) veniremen, the plaintiff and defendant having three (3) strikes each. Section 18. The judge of the Small Claims Court shall have power to impose fines of not more than ten ($10.00) dollars or imprison for not longer than twenty-four (24) hours any person guilty of a contempt of court, such fines to be paid into the county treasury or depository for county purposes. Section 19. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 20. Appeals may be had from judgments returned in a small claims court, to the Superior Court, and the same provisions now provided for by law for appeals

Page 4049

from Probate Courts to the Superior Court, shall be applicable to appeals from the small claims court to the Superior Court. Section 21. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: SMALL CLAIMS COURT

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Section 22. All forms, docket books, file jackets, filing cabinets and the like, required by this Act, shall be furnished by the county commissioners. Said county commissioners shall provide adequate and suitable quarters, facilities and accommodations for transacting the business of

Page 4051

such court, and they may provide such additional personnel as in their judgment the court may from time to time require. Section 23. An Act creating a small claims court in certain counties approved March 7, 1957 (Ga. L. 1957, p. 2635), as amended, is hereby repealed in its entirety. On the effective date of this Act, all actions, cases and all proceedings, relating thereto pending in all courts abolished by this section shall be transferred to the Small Claims Court of Thomas County created by this Act. Section 24. This Act shall become effective on July 1, 1977. 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 1977 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Thomas County, and for other purposes. This the 7th day of February, 1977. James W. Keyton Representative, 143rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Keyton who, on oath, deposes and says that he is Representative from the 143rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times Enterprise which is the official

Page 4052

organ of Thomas County, on the following dates: February 8, 14 and 21, 1977. /s/ James W. Keyton Representative, 143rd District Sworn to and subscribed before me this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. HARRIS COUNTY TAX COMMISSIONERSALARY CHANGED. No. 581 (House Bill No. 1153). An Act to amend an Act creating the office of Tax Commissioner of Harris County, approved March 17, 1960 (Ga. L. 1960, p. 2920), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2228), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Harris County, approved March 17, 1960 (Ga. L. 1960, p. 2920), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2228), 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 of Harris County shall be paid a salary of fifteen thousand dollars ($15,000.00) per annum, to be paid in equal monthly installments from the funds of said county.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 77 Session of the General Assembly of Georgia, a Bill establishing the annual salary of Harris County Tax Commissioner at $15,000.00 per annum to provide an effective date for such salary and to repeal conflicting Laws and for other purposes. Harris County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: February 10, 17 and 24, 1977. /s/ W. Randolph Phillips Representative, 91st District Sworn to and subscribed before me this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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CITY OF THOMASTONMETHOD OF FILLING OFFICIAL VACANCIES CHANGED, ETC. No. 582 (House Bill No. 1154). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, so as to change the provisions relating to filling vacancies in the office of mayor or councilman; to change the provisions relating to conduct of elections and voting; to change the provisions relating to business licenses; to change the provisions relating to the mayor and council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, is hereby amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. In case of a vacancy in the office of mayor of councilman from failure to elect, death, removal or any cause whatever, said vacancy shall be filled by an election ordered by the city council to take place not more than 60 days from the time such vacancy occurs and to be held under the same laws, rules and regulations that govern other elections in said city; provided, however, if six months or less remain in the term of the office to be filled, then no special election to fill such office shall be held and such office shall remain vacant until the following January 1. Notice of any election held hereunder shall be given in accordance with the Georgia Municipal Election Code or any law or laws that supersede the same. Section 2. Said Act is further amended by striking section 9 in its entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9. Elections held in and for said city shall be

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held in accordance with the Georgia Municipal Election Code or any law or laws that supersede the same. If, at any time, there should cease to exist any State laws governing the conduct of elections in said city, then the governing authority of said city shall have plenary power to adopt ordinances governing said elections. The governing authority shall have the authority to adopt ordinances, rules and regulations authorized by the State election laws and to govern all aspects of elections in said city which are not controlled by general laws. Section 3. Said Act is further amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. The right to vote in elections held in said city shall be determined in accordance with the Georgia Municipal Election Code or any law or laws which supersede the same. In the event that municipal elector qualifications should hereafter cease to be governed by general law, then the governing authority of said city shall be authorized to adopt ordinances governing the same. Section 4. 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 procedure for the registration of electors in said city shall be as is provided for by the Georgia Municipal Election Code or by any law or laws which supersede the same. In the event that voter registration procedures should hereafter cease to be governed by general laws, then the governing authority of said city shall have authority to enact ordinances governing the same. Section 5. Said Act is further amended by striking section 32 in its entirety and substituting in lieu thereof a new section 32 to read as follows: Section 32. The mayor and city council of said city shall have full power and authority to license, tax, regulate and control all businesses, trades, professions, occupations,

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callings and endeavors conducted or engaged in said city unless otherwise provided by the Constitution or by general law and shall be authorized to require the registration of, the obtaining of a license for, and the payment of an occupation tax on all such businesses, etc., as a prerequisite to the right to engage therein in said city and shall have power to punish for failure to so do. Section 6. Said Act is further amended by striking section 35 in its entirety and substituting in lieu thereof a new section 35 to read as follows: Section 35. The mayor and council of said city shall have full power and authority, in their sole discretion, to grade, pave, macadamize and otherwise improve the streets, ways and sidewalks of said city and to establish, maintain and improve a system of sewerage and drains and to assess any part or all of the costs thereof against the property adjoining the same and improved thereby and shall be empowered to provide by ordinance for the equalization of the assessment thereof against the property thereby improved. The amount of such assessment shall constitute a lien against the real estate assessed and may be collected by execution and levy in the manner authorized for the collection of ad valorem taxes. The mayor and council shall have plenary authority to adopt such ordinances as they deem necessary to carry out the powers hereby conferred. Section 7. Said Act is further amended by striking in its entirety section 36, relating to street improvements, as amended. 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 1977 session of the General Assembly of Georgia a Bill to amend the Act creating a new Charter for the City

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of Thomaston, approved March 15, 1933 (Ga. 1923, p. 1070 et seq.), as amended. This 7th day of February, 1977. 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. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following dates: February 10, 17 and 24, 1977. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. WALTON COUNTY SMALL CLAIMS COURT CREATED. No. 583 (House Bill No. 1155). An Act to create and establish a Small Claims Court in and for Walton County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court;

Page 4058

to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Walton County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,200.00, 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.

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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 Walton County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. 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 Walton 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. 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. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. 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. (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,

Page 4060

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 facia 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 $10.00. 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

Page 4061

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. 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, except the cost of service of the notice. 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. (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 $17.50 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. (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

Page 4062

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

Page 4063

administration of justice and to accomplish the purposes hereof. 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. 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. Section 17. Until otherwise provided by the rules of the

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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: Small Claims Court of Walton County

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Section 18. On or before the effective date of this Act the Governor shall appoint a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed and qualified. The Governor shall appoint a duly qualified person to fill any vacancy in the office of judge of the Small Claims Court, and the person so appointed shall serve for the remainder of the unexpired term. 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

Page 4066

Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Section 20. The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia Laws to the Small Claims Court, without cost to the court or the county. 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. 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 returned 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,

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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. 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. Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. 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. 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 at the regular session of the

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1977 General Assembly of Georgia, I will introduce the following legislation; A bill to foster a small claims court for Walton County as per local legislation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 27th day of January 1977. 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 the 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 27, February 4, and 11, 1977. /s/ Bobby Carrell Representative, 75th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. APPLING COUNTY SHERIFF'S COMPENSATION CHANGED, ETC. No. 584 (House Bill No. 1156). An Act to amend an Act placing certain of the county officers of Appling County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2681), as amended,

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particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3623), so as to change the compensation of the sheriff; to change the provisions relative to the compensation of the sheriff'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 certain of the county officers of Appling County upon an annual salary. approved March 10, 1964 (Ga. L. 1964, p. 2681), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3623), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The Sheriff of Appling County shall receive an annual salary of not less than $13,000 per annum, payable in equal monthly installments from the funds of Appling County. The sheriff shall have the authority to appoint such deputies, jailers and clerical help as shall be necessary and to fix their compensation. However, each such employee's compensation must be approved by the governing authority of Appling 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. 1. There shall be introduced in the 1977 session of the Georgia General Assembly an act to amend the compensation of the sheriff's personnel and for other purposes. 2. There shall be an act introduced in the 1977 session of the Georgia General Assembly placing the judge of

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probate court on salary, to specify personnel, their compensation and for other purposes. R. Bayne Stone Representative District 138, Post 1 Geeorgia, 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 27, February 3 and 10, 1977. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. APPLING COUNTY PROBATE COURTFEE SYSTEM ABOLISHED, ETC. No. 585 (House Bill No. 1157). An Act to abolish the present mode of compensating the Judge of the Probate Court of Appling 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

Page 4071

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 Appling 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 not less than $10,000, payable in equal monthly installments from county funds. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the 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. 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.

Page 4072

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. Section 5. The necessary operating expenses of the Judge of the Probate Court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Appling County. Section 6. An Act providing a supplemental salary for the Judge of the Probate Court of Appling County, approved April 19, 1973 (Ga. L. 1973, p. 3874), is hereby repealed in its entirety. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. 1. There shall be introduced in the 1977 session of the

Page 4073

Georgia General Assembly an act to amend the compensation of the sheriff and sheriff's personnel and for other purposes. 2. There shall be an act introduced in the 1977 session of the Georgia General Assembly placing the judge of probate court on salary, to specify personnel, their compensation and for other purposes. R. Bayne Stone Representative, District 138, 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 27, February 3 and 10, 1977. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. JEFF DAVIS COUNTY BOARD OF COMMISSIONERSEXPENSES CHANGED. No. 586 (House Bill No. 1158). An Act to amend an Act creating a Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved

Page 4074

April 18, 1969 (Ga. L. 1969, p. 2992), so as to change the procedures for the payment of the expenses of the members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved April 18, 1969 (Ga. L. 1969, p. 2992), is hereby amended by deleting from section 2 the following phrase: , when and only after said itemized expense account is approved by the judge of the superior court of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. There shall be introduced in the 1977 session of the Georgia General Assembly a bill deleting the requirement that the Judge of Superior Court must approve expenses of the Commissioners of Jeff Davis County, 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 that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of

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Jeff Davis County, on the following dates: January 26, February 2 and 9, 1977. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. JEFF DAVIS COUNTY PROBATE COURTCOMPENSATION OF JUDGE AND CLERK CHANGED. No. 587 (House Bill No. 1159). An Act to amend an Act placing the Judge of the Probate Court of Jeff Davis County upon an annual salary, approved March 28, 1974 (Ga. L. 1974, p. 3792), so as to change the compensation of the Judge of the Probate Court; to change the provisions relating to the compensation of the clerk of the Judge of the Probate Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Jeff Davis County upon an annual salary, approved March 28, 1974 (Ga. L. 1974, p. 3792), is hereby amended by striking from section 2 the following: $10,200.00, and substituting in lieu thereof the following:

Page 4076

not less than $12,500, 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 not less than $12,500, payable in equal monthly installments from county funds. Section 2. Said Act is further amended by striking from section 4 the following: as such a salary of $5,200 per annum,, and substituting in lieu thereof the following: such compensation as the Judge of the Probate Court shall provide. Such compensation shall be subject to the approval of the governing authority of Jeff Davis County and shall be, so that when so amended, section 4 shall read as follows: Section 4. The Judge of the Probate Court shall have the authority to appoint a clerk. 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 who shall be employed as the clerk and to prescribe his duties and assignments, and to remove or replace such clerk at will and within his sole discretion. The clerk shall receive for his services such compensation as the Judge of the Probate Court shall provide. Such compensation shall be subject to the approval of the governing authority of Jeff Davis County and shall be payable in equal monthly installments from the funds of Jeff Davis County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4077

Public Notice. There will be introduced in the 1977 session of the Georgia General Assembly local acts for the following purposes: 1. To increase the compensation of the Sheriff, and personnel. 2. To increase the compensation of the Judge of Probate Court and personnel. 3. To increase the compensation of the Tax Commissioner and personnel. 4. To increase the compensation of the clerk of Superior Court and personnel. 5. To create a Small Claims Court of Jeff Davis County. We cannot expect competent people to seek and hold public office unless they are properly compensated. Adjustments will be made in the compensation of the Judge of the Small Claims Court as well as make it exist as a local act. 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 that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of

Page 4078

Jeff Davis County, on the following dates: January 26, February 2 and 9, 1977. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. JEFF DAVIS COUNTYSHERIFF'S SALARY CHANGED. No. 588 (House Bill No. 1160). An Act to amend an Act placing the Sheriff of Jeff Davis County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2046), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2589), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3803), so as to change the salary of the sheriff; to change the provisions relative to the employees of 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 Sheriff of Jeff Davis County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2046), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2589), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3803), is hereby amended by striking from section 2 the following:

Page 4079

$12,225, and inserting in lieu thereof the following: $14,000, so that when so amended, section 2 shall read as follows: Section 2. The Sheriff of Jeff Davis County shall receive an annual salary of not less than $14,000 payable in equal monthly installments from the funds of Jeff Davis 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. The Sheriff of Jeff Davis County shall have the power and authority to appoint a chief deputy sheriff, a deputy sheriff, a radio dispatcher and an office clerk. Such officers shall receive such compensation from the funds of Jeff Davis County as the sheriff shall provide, but such compensation must be approved by the governing authority of Jeff Davis County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed, as provided above, and to prescribe their duties and assignments and to remove or replace such personnel at will and within the sole discretion of the sheriff. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. There will be introduced in the 1977 session of the Georgia General Assembly local acts for the following purposes:

Page 4080

1. To increase the compensation of the Sheriff, and personnel. 2. To increase the compensation of the Judge of Probate Court and personnel. 3. To increase the compensation of the Tax Commissioner and personnel. 4. To increase the compensation of the clerk of Superior Court and personnel. 5. To create a Small Claims Court of Jeff Davis County. We cannot expect competent people to seek and hold public office unless they are properly compensated. Adjustments will be made in the compensation of the Judge of the Small Claims Court as well as make it exist as a local act. 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 that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of Jeff Davis County, on the following dates: January 26, February 2, 9, 1977. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 4081

JEFF DAVIS COUNTYSUPERIOR COURT CLERK AND TAX COMMISSIONER'S COMPENSATION CHANGED. NO. 589 (House Bill No. 1161). An Act to amend an Act placing the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County upon an annual salary, approved April 25, 1969 (Ga. L. 1969, p. 3418), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 2894), an Act approved March 22, 1974 (Ga. L. 1974, p. 3105), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3508), so as to change the compensation of the clerk and the tax commissioner; to change the provisions relating to the compensation of such officers' personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County upon an annual salary, approved April 25, 1969 (Ga. L. 1969, p. 3418), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 2894), an Act approved March 22, 1974 (ga. L. 1974, p. 3105), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3508), is hereby amended by striking from section 2 the following: $10,200, and substituting in lieu thereof the following: $12,500, so that when so amended, section 2 shall read as follows: Section 2. The clerk of the superior court shall receive an annual salary of not less than $12,500, payable in equal monthly installments from the funds of Jeff Davis County.

Page 4082

Section 2. Said Act is further amended by striking from section 3 the following: $10,200, and substituting in lieu thereof the following: $12,500, so that when so amended, section 3 shall read as follows: Section 3. The tax commissioner shall receive an annual salary of not less than $12,500, payable in equal monthly installments from the funds of Jeff Davis County. Section 3. Said Act is further amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows: Section 6. The clerk is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be fixed by the clerk but shall be approved by the governing authority of Jeff Davis County and shall be paid from county funds. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 4. Said Act is further amended by striking in its entirety section 7 and substituting in lieu thereof a new section 7 to read as follows: Section 7. The tax commissioner is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be fixed by the tax commissioner but shall be approved by the governing authority of Jeff Davis County and shall be paid from county funds. It shall be

Page 4083

within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any such employees at will and within his sole discretion. 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. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. There will be introduced in the 1977 session of the Georgia General Assembly local acts for the following purposes: 1. To increase the compensation of the Sheriff, and personnel. 2. To increase the compensation of the Judge of Probate Court and personnel. 3. To increase the compensation of the Tax Commissioner and personnel. 4. To increase the compensation of the clerk of Superior Court and personnel. 5. To create a Small Claims Court of Jeff Davis County. We cannot expect competent people to seek and hold public office unless they are properly compensated. Adjustments will be made in the compensation of the Judge of the Small Claims Court as well as make it exist as a local act. R. Bayne Stone State Representative

Page 4084

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of Jeff Davis County, on the following dates: January 26, February 2 and 9, 1977. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordan Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. TIFT COUNTY SHERIFFSALARY PROVISIONS. No. 590 (House Bill No. 1164). An Act to amend an Act placing the Sheriff of Tift County on a salary basis, approved March 24, 1965 (Ga. L. 1965, p. 2545), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3719), so as to authorize the Board of Commissioners of Tift County to fix the salary of the Sheriff of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Tift County on

Page 4085

a salary basis, approved March 24, 1965 (Ga. L. 1965, p. 2545), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3719), is hereby amended by striking section 2a in its entirety and inserting in lieu thereof a new section 2a, to read as follows: Section 2a. The sheriff shall receive an annual salary of not less than $12,000.00 and not more than $17,000.00, the exact amount to be determined by the Board of Commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the sheriff in April, 1977, for the remainder of 1977, and at their regular meeting in December in 1977 and each year thereafter for the succeeding calendar year. The salary provided herein shall be in addition to the salary received by the sheriff for serving as Sheriff of the State Court of Tift County. 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 1977 session of the General Assembly of Georgia to amend existing laws regarding the compensation of the Sheriff of Tift County, and for other purposes. Reinhardt, Whitley Sims, P.C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey 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

Page 4086

in the Tifton Gazette which is the official organ of Tift County, on the following dates: February 5, 12 and 19, 1977. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. TIFT COUNTY BOARD OF COMMISSIONERSCHAIRMAN'S SALARY. No. 591 (House Bill No. 1165). An Act to amend an Act creating a Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3792), so as to authorize the Board of Commissioners of Tift County to fix the salary of the Chairman of the Board of Commissioners of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3792), is hereby amended by striking subsection (b) of section 4 in its entirety and inserting in lieu thereof a new subsection (b) of section 4, to read as follows:

Page 4087

(b) The chairman of the board of commissioners shall receive an annual salary of not less than $12,000.00 and not more than $18,000.00, the exact amount to be determined by the Board of Commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the chairman in April, 1977, for the remainder of 1977, and at their regular meeting in December in 1977 and each year thereafter for the succeeding calendar year. 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 1977 session of the General Assembly of Georgia to amend existing laws regarding the compensation of the Chairman of the Board of Commissioners of Tift County, and for other purposes. Reinhardt, Whitley Sims, Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey 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 Tifton Gazette which is the official organ of Tift County, on the following dates: February 5, 12, 19, 1977. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 4088

TIFT COUNTY TAX COMMISSIONERSALARY PROVISIONS. No. 592 (House Bill No. 1168). An Act to amend an Act placing the Tax Commissioner of Tift County upon a salary, approved March 24, 1965 (Ga. L. 1965, p. 2705), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2410), so as to authorize the Board of Commissioners of Tift County to fix the salary of the Tax Commissioner of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Tax Commissioner of Tift County upon a salary, approved March 24, 1965 (Ga. L. 1965, p. 2705), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2410), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The tax commissioner shall receive an annual salary of not less than $12,000.00 and not more than $16,000.00, the exact amount to be determined by the Board of Commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the tax commissioner in April, 1977, for the remainder of 1977, and at their regular meeting in December in 1977 and each year thereafter for the succeeding calendar year. 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 1977 session of the General Assembly of Georgia to amend existing laws

Page 4089

regarding the compensation of the Tax Commissioner of Tift County, and for other purposes. Reinhardt, Whitley Sims, P. C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey 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 Tifton Gazette which is the official organ of Tift County, on the following dates: February 5, 12, and 19, 1977. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. HANCOCK COUNTYDEPUTY SHERIFF'S SALARY PROVISIONS CHANGED. No. 593 (House Bill No. 1169). An Act to amend an Act placing the Sheriff, Judge of the Probate Court and Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended by an Act approved March 21, 1968

Page 4090

(Ga. L. 1968, p. 2534), an Act approved March 27, 1972 (Ga. L. 1972, p. 3193), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3237), so as to change the maximum compensation to be paid to the chief deputy and deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, Judge of the Probate Court and Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2534), an Act approved March 27, 1972 (Ga. L. 1972, p. 3193), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3237), is hereby amended by striking from subsection (c) of section 2 thereof, the following: $7,000.00, and substituting in lieu thereof the following: $8,500.00, and by striking therefrom the following: $6,000.00, and substituting in lieu thereof the following: $7,200.00, so that when so amended subsection (c) of section 2 shall read as follows: (c) The sheriff is hereby authorized to appoint a chief deputy who shall receive a salary not to exceed $8,500.00 per annum, payable in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. The sheriff is hereby authorized to appoint three other deputies who shall each receive a salary not to exceed $7,200.00 per annum, payable in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 4091

by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice Of Intention To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, Judge of the Probate Court and Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended, so as to change the maximum compensation to be paid to the chief deputy sheriffs; to provide an effective date; and for other purposes. This 5th day of February, 1977. 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 Sparta Ismaelite [sic] which is the official organ of Hancock County, on the following dates: February 10, 17 and 24, 1977. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

Page 4092

CITY OF VILLA RICAPROVISIONS REGARDING CITY MANAGER AND CITY ATTORNEY CHANGED. No. 594 (House Bill No. 1171). An Act to amend an Act providing a new charter for the City of Villa Rica, approved April 25, 1975 (Ga. L. 1975, p. 4575), so as to change the provisions relating to the appointment of the city manager; to change the procedure for removal of the city manager; to change the provisions relating to the appointment of the city attorney; 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 Villa Rica, approved April 25, 1975 (Ga. L. 1975, p. 4575), is hereby amended by striking from section 3.20 the following: The council shall appoint for an indefinite term, an officer whose title shall be city manager. The manager shall be appointed solely, and inserting in lieu thereof the following: The council may appoint for an indefinite term, an officer whose title shall be city manager. The manager may be appointed solely, so that when so amended section 3.20 shall read as follows: Section 3.20. City Manager; Appointment, Qualification and Compensation. The council may appoint for an indefinite term, an officer whose title shall be city manager. The manager may be appointed solely on the basis of his executive and administrative qualifications with special reference to his educational background and his actual experience in and knowledge of, the duties of office as hereinafter prescribed. The manager shall serve at the pleasure of the council. At the time of his appointment, the city manager need not be a resident of the city and neither shall he be

Page 4093

required to reside therein during his tenure of office. The city manager shall be required to live within a close proximity to the city during his tenure of office. Section 2. Said Act is further amended by striking from the first sentence of section 3.24 of said Act the following: four, and inserting in lieu thereof the following: three, so that when so amended section 3.24 shall read as follows: Section 3.24. Procedure for Removal. The removal of the city manager from office shall be accomplished by action of three affirmative votes of the entire membership of the council. In the event the manager is sought to be removed by the action of the council, he shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing with assistance of legal council if he so desires. The public hearing shall be held not less than fifteen days after the service of such written notice. The city manager shall be suspended upon receipt of the written notice but he shall be entitled to receive compensation for a period of thirty days from the receipt of the written notice. The manager shall have the right of appeal from the decision of the council to the Superior Court of Carroll County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the municipal court. Section 3. Said Act is further amended by striking from the first sentence of section 3.32 of said Act the following: shall, and inserting in lieu thereof the following: may,

Page 4094

so that when so amended section 3.32 shall read as follows: Section 3.32. City Attorney. The city manager may appoint, subject to the approval of the city council, a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The council shall provide for the payment of such attorney or attorneys for services rendered to the city as directed by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 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 1977 session of the General Assembly of Georgia, a bill to provide for changes in the charter of the Mayor and City Council of the City of Villa Rica, Georgia: Line 29, page 24, Sect. 3.20. City manager appointment qualifications and compensation; change the two shalls to read may. Line 8, Page 26, Sect. 3.24. Procedure for removal of city manager to change the now 4 votes of the council to 3 votes in the affirmative in order that the city manager may be removed by the affirmative vote of 3 councilmen. Line 10, Page 27, Sect. 3.32. City attorney, appointment of change shall to may providing that the appointment of city attorney must be affirmed by the affirmative vote of three members of the city council. Gregory Williamson City Attorney City of Villa Rica

Page 4095

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Johnson who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 27, February 3 and 10, 1977. /s/ Gerald Johnson Representative, 66th District Sworn to and subscribed before me this 28th day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission expires Oct. 20, 1979. (Seal). Approved March 23, 1977. TOWN OF MORELANDELECTION CHANGES, ETC. No. 595 (House Bill No. 1174). An Act to amend an Act incorporating the Town of Moreland, approved August 12, 1911 (Ga. L. 1911, p. 1409), so as to change the date of elections in said town; to change the terms of office of the mayor and aldermen; to provide for staggered terms for aldermen; to change the monthly meeting day of the mayor and council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Moreland, approved August 12, 1911 (Ga. L. 1911, p. 1409), is hereby

Page 4096

amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. (a) Beginning with the calendar year 1977, an election shall be conducted annually in said town on the Tuesday following the first Monday in November. On the election day in November 1977 and biennially thereafter, a mayor and two aldermen shall be elected. The terms of office of the mayor and each of the aldermen shall be two years and until their successors are elected and qualified. On the same date in November 1977, two additional aldermen shall be elected whose terms of office shall be for one year and until their successors are elected and qualified. The two aldermen who receive the most votes in the election conducted in November 1977 shall be the two aldermen elected for two-year terms in that particular election. On the election day in November 1978 and biennially thereafter, two aldermen shall be elected whose terms of office shall be for two years and until their successors are elected and qualified. At the first regular meeting of the mayor and aldermen in each year, they shall elect one of their number to serve as mayor pro tem. (b) The mayor and aldermen shall meet at least once each month. The regular meeting night shall be the first Tuesday of each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977, Session of the General Assembly a bill to amend the charter of the Town of Moreland so as to change the terms of office of future Mayors and members of the Town Council from one to two years; and to change the annual election day to a date coinciding with the date of the general election; and to change the monthly meeting of the

Page 4097

Mayor and Council to the first Tuesday of each month. By: Jack T. Camp Attorney for the City of Moreland 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 Newnan Times Herald which is the official organ of Coweta County, on the following dates: February 10, 17 and 24, 1977. /s/ Nathan G. Knight Representative, 67th District Sworn to and subscribed before me this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. JEFF DAVIS COUNTYSMALL CLAIMS COURT CREATED. No. 596 (House Bill No. 1175). An Act to create a small claims courts in Jeff Davis County; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judges of said court; to prescribe the jurisdiction, pleadings, practice and service of processes therein; to provide for a clerk and to prescribe his duties and remuneration;

Page 4098

to provide for marshals; to provide for the procedure and practice in garnishments, in the issuance of executions from said court, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to authorize Jeff Davis County to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said court; to provide for additional personnel; to repeal an Act creating a small claims court in certain counties, approved March 5, 1970 (Ga. L. 1970, p. 2296); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established in Jeff Davis County a small claims court, which court shall have civil jurisdiction in all cases at law in which the principal amount of the demand of damages claimed or value of the property involved does not exceed two thousand dollars, said jurisdiction to be countywide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county; and such jurisdiction shall include the power to issue writs of garnishment and attachment, foreclose chattel mortgages and other instruments passing or retaining title to personalty for the purpose of securing debt; and, in addition to the powers herein specifically granted, also the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Section 2. The senior judge of the superior court of Jeff Davis County subject to the approval of the governing authority of Jeff Davis County shall appoint and commission a citizen of said county to be judge of said court for a term of office of four years and until a successor is appointed and qualified. Vacancies for unexpired terms shall be filled in the same manner as appointments. Section 3. Whenever the judge of the small claims court shall be unable, because of absence, sickness, or other cause, to discharge any duty appertaining to his office, the senior judge of the superior court of the judicial circuit shall perform

Page 4099

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 so unable to act. Section 4. Any duties herein prescribed to be performed by the clerk of the small claims court may be performed by the judge thereof, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in clear and concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (a) A copy of the verified statement, 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 may be made in the county by an officer or person authorized by law to serve process in superior courts; or a duly qualified small claims court marshal; or by registered or certified mail with a return receipt; or by any private individual not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the

Page 4100

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 case, and it shall be a prima facie evidence of service upon the defendant. (c) When served by a privatet individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (c) When served by a private individual, as above proshall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall specify the day and hour of the hearing, which shall not be less than five nor more than thirtyfive days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in the case. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of seven dollars and fifty cents ($7.50) which shall cover the costs of the proceeding up to, but not including, the rendering of a judgment, except the cost of serving process or notice to defendants which shall be five dollars and fifty cents ($5.50) and the cost of summoning witnesses when required. The cost of rendering a judgment by default shall be an additional two dollars and fifty cents ($2.50) and the cost of rendering a judgment after a case has come before the court or to trial, except for a judgment by default, shall be an additional five dollars ($5.00). In other matters not specifically mentioned herein

Page 4101

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 may be taxed as herein provided in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to discretion of the judge and shall be taxed in the case at his discretion. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rule of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration in attachment shall be required. (d) If the plaintiff fails to appear, the case 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 dictate. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be

Page 4102

filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion 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. Section 11. 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 and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court, and the judge shall be entitled to seven dollars and fifty cents ($7.50) for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demands for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the losing party in said proceeding. Section 12. When a judgment is to be rendered and the party against whom it is to be rendered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 13. The judge of such small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.

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Section 14. The senior judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to ensure the proper administration of justice and to accomplish the purposes hereof. All such rules made by the judge of the superior court shall be placed in a special book for that purpose which is to be kept by the judge of the small claims court. Section 15. The judge of said court shall have power to appoint one or more marshals of and for said small claims court, to act within and throughout the limits of the county, such marshals 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 marshal and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the powers 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 therefore, in the manner of lawful constables. All such marshals 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, except such bond shall be in the amount of two thousand dollars ($2,000), and such marshals shall be subject to be removed for failure or malfeasance in office as are other lawful constables of this State. All such marshals shall be entitled to the same fees now allowed sheriffs for like services. Section 16. The small claims court shall have no designated terms at stated periods, but being always open for the transaction of business, 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.

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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 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 been first rendered against the defendant. Section 17. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a small claims court marshal; 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 the writ of attachment. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of services, 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. Section 18. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses, and to compel their attendance. (a) Unless otherwise demanded such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. (b) The judge of the small claims court shall have power to impose fines of not more than ten dollars or imprisonment

Page 4105

for not longer than twenty-four hours on any person guilty of contempt of court, such fines to be paid into the county treasury or county depository for county purposes. Section 19. Judgments of the court shall become a lien on the real estate and personal property of a defendant, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 20. Appeals may be had from judgments rendered in the small claims court, to the superior court, by the party desiring to appeal. Said party shall first pay all costs then due. Said party must then file in the superior court a written appeal which shall include the name and number of the case in the small claims court stating his grounds for appeal, which grounds must first be heard before the judge of the superior court. If after a full hearing the grounds for appeal are denied, said party shall have the right to appeal to a higher court in the same manner as other decisions of the superior court are appealed. Section 21. 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 and/or process now provided by law:

Page 4106

Page 4107

Section 22. All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets and the like, required by this Act in the proper operation of the small claims court shall be furnished by the board of commissioners of Jeff Davis County upon requisition of the judge of such court. Section 23. The governing authorities of Jeff Davis County shall provide adequate and suitable quarters, facilities and accommodatios for transacting the business of such court, and they may provide such additional personnel as in their judgment the court may from time to time require. Section 24. An Act creating a small claims court in certain counties, approved March 5, 1970 (Ga. L. 1970, p. 2296), is hereby repealed. All cases and matters and proceedings relating thereto pending in any such court shall be transferred to the Small Claims Court of Jeff Davis County herein created. Section 25. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. There will be introduced in the 1977 session of the Georgia General Assembly local acts for the following purposes: 1. To increase the compensation of the Sheriff, and personnel.

Page 4108

2. To increase the compensation of the Judge of Probate Court and personnel. 3. To increase the compensation of the Tax Commissioner and personnel. 4. To increase the compensation of the clerk of Superior Court and personnel. 5. To create a Small Claims Court of Jeff Davis County. We cannot expect competent people to seek and hold public office unless they are properly compensated. Adjustments will be made in the compensation of the Judge of the Small Claims Court as well as make it exist as a local act. /s/ 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 that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of Jeff Davis County, on the following dates: January 26, February 2 and 9, 1977. R. Bayne Stone Representative, 138th District Sworn to and subscribed before me this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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GLYNN COUNTY TAX COMMISSIONERPROVISIONS CONCERNING EMPLOYEES CHANGED. No. 597 (House Bill No. 1176). An Act to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3203), as amended by an Act approved March 25, 1974 (Ga. L. 1974, p. 3336), and a Act approved April 17, 1975 (Ga. L. 1975, p. 3670), so as to change the provisions relative to the number and compensation of employees of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Tax Commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3203), as amended by an Act approved March 25, 1974 (Ga. L. 1974, p. 3336), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3670), 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 tax commissioner shall be authorized to employ one deputy and such number of clerical assistants as may be required for the proper discharge of the duties of the tax commissioner. The maximum number of such assistants shall be subject to approval by the Board of Commissioners of Glynn County. The deputy shall receive an annual salary of not less than $6,600 nor more than $12,200. The maximum amount of salary for the deputy may be increased, beginning July 1, 1977, and on such date in each year thereafter, by 3% for each year of service the deputy has completed after July 30, 1976. The clerical assistants employed pursuant to this section shall receive an annual salary of not less than $4,200 nor more than $8,400. The salaries of said deputy and clerical assistants shall be paid in equal monthly installments from the funds of Glynn County.

Page 4110

(b) During the period of each year beginning with the last two weeks of December and ending on the first day of April, the tax commissioner shall be authorized to hire such number of additional employees as may be required for the proper discharge of the duties of the tax commissioner. The maximum number of such additional employees shall be subject to the approval of the Board of Commissioners of Glynn County. Such additional employees shall be paid a salary of not less than $300 per month and not more than $400 per month. (c) It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputy, clerical assistants or other employees, to set their salaries within the limits of this Act, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia a bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary approved March 27, 1972 (Ga. L. 1972, p. 32031), [sic], as amended; to repeal conflicting laws; and for other purposes. This 24th day of January, 1977. James R. Tuten, Jr. Representative, 153rd District Dean G. Auten Representative, 154th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Tuten, Jr.

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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 26, February 2 and 9, 1977. /s/ James R. Tuten, Jr. Representative, 153rd District Sworn to and subscribed before me this 2nd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF BREMENELECTION MATTERS CHANGED. No. 598 (House Bill No. 1177). An Act to amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, particularly by an Act approved March 28, 1961 (Ga. L. 1961, p. 2786), so as to change the provisions relative to the election of the mayor, members of the city council and members of the board of education; to change the provisions relative to terms of office; to change the date of the municipal election; 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 Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, particularly by an Act approved March

Page 4112

28, 1961 (Ga. L. 1961, p. 2786), is hereby amended by striking in its entirety section 2 of said 1961 amendatory Act and inserting in lieu thereof a new section 2 to read as follows: Section 2. The governing authority of the City of Bremen shall consist of a mayor and four councilmen. The councilmen shall be designated as post #1, post #2, post #3 and post #4. Anyone seeking election to the council shall designate the particular post he seeks and the person receiving a plurality of the votes cast for for such post shall be elected as councilman for such post. The mayor and councilmen presently serving in office shall continue to serve out their respective terms of office. The mayor elected at the 1977 November election shall serve, beginning on January 1, 1978, a term of office which shall end November 30, 1979. Thereafter, successors to the mayor shall be elected at the November election for a two-year term beginning on December 1 immediately following such election. The members elected to council post #3 and post #4 at the 1977 November election shall serve, beginning on January 1, 1978, a term of office which shall end November 30, 1981. Thereafter, successors to such council posts shall be elected at the November election in the year that the terms of office expire for a four-year term of office beginning on December 1 immediately following such election. The members elected to council post #1 and post #2 at the 1979 November election shall serve, beginning on January 1, 1980, a term of office which shall end November 30, 1983. Thereafter, successors to such council posts shall be elected at the November election in the year that the terms office expire for a four-year term of office beginning on December 1 immediately following such election. Section 2. Said Act is further amended by striking in its entirety section 3 of said amendatory Act and inserting in lieu thereof a new section 3 to read as follows: Section 3. The board of education of the City of Bremen shall consist of five members which shall be designated as post #1, post #2, post #3, post #4 and post #5 of the board of education of the City of Bremen. Anyone seeking

Page 4113

election to the board of education of said city shall designate the particular post for which he seeks to be elected and the person receiving a plurality of the votes cast for such post shall be elected. The members of the board of education presently serving in office shall continue to serve out their respective terms of office. The members of the board of education elected to post #3, post #4 and post #5 at the 1977 November election shall serve, beginning on January 1, 1978, a term of office which shall end November 30, 1981. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on December 1 immediately folowing such election. The members of the board of education elected to post #1 and post #2 at the 1979 November election shall serve, beginning on January 1, 1980, a term of office which shall end November 30, 1983. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on December 1 immediately following such election. Section 3. Said Act is further amended by striking in its entirety section 4 of said 1961 amendatory Act and inserting in lieu thereof a new section 4 to read as follows: Section 4. The election of officers in and for the City of Bremen shall be held on the first Tuesday in November in 1977 and every two years thereafter on the first Tuesday in November. The mayor, members of the city council and members of the board of education shall be elected on such date pursuant to the provisions of sections 2 and 3 above. Section 4. 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, particularly by an Act approved March

Page 4114

28, 1961 (Ga. L. 1961, p. 2786), so as to change the provisions relative to the election of the mayor, members of the city council and members of the board of education; to change the provisions relative to terms of office; to change the date of the municipal election; and for other purposes. This 28th day of December, 1976. Beverly H. Cash Clerk, City of Bremen Affidavit. Georgia, Haralson County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Bremen Gateway legal organ for Haralson County. The following dates, to-wit: 12-30-'76, 1-6-'77, 1-13-'77, 1-20-'77. Sworn to on the 28th day of February, 1977. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me on the 28 day of February, 1977. /s/ Susan Adams Notary Public. (Seal). Approved March 23, 1977. LUMPKIN COUNTY COMMISSIONER'S COMPENSATION CHANGED. No. 599 (House Bill No. 1184). An Act to amend an Act creating the Office of Commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, particularly by an Act approved

Page 4115

March 27, 1972 (Ga. L. 1972, p. 2951), so as to change the compensation of the Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Office of Commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2951), is hereby amended by striking in its entirety section 9 and substituting in lieu thereof a new section 9 to read as follows: Section 9. As the Chief Executive and fiscal officer of said County of Lumpkin, the Commissioner shall devote his full time to the business and interest of said county and for the performance of such duties the Commissioner shall receive an annual salary of not less than $15,000.00, payable in equal monthly installments from the funds of Lumpkin 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill providing for a change in the compensation of County officials and for other purposes. This 17 day of January, 1977. Tom Dalton, Local Sponsor

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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 Nuggett which is the official organ of Lumpkin County, on the following dates: January 21, 28 and February 4, 1977. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me this 2nd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. LUMPKIN COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 600 (House Bill No. 1185). An Act to amend an Act placing the Tax Commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3854), so as to change the compensation of the Tax Commissioner; to change the compensation of the deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Tax Commissioner of Lumpkin County upon an annual salary, approved April 3,

Page 4117

1972 (Ga. L. 1972, p. 3854), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The Tax Commissioner shall receive an annual salary not less than $13,000.00, payable in equal monthly installments from the funds of Lumpkin County. Section 2. Said Act is further amended by striking in its entirety subsection (a) of section 5 and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Tax Commissioner shall be authorized to employ one deputy who shall receive an annual salary not less than $6,000.00. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill providing for a change in the compensation of County officials and for other purposes. This 17 day of January, 1977. Tom Dalton, Local Sponsor 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

Page 4118

Dahlonega Nuggett which is the official organ of Lumpkin County, on the following dates: January 21, 28 and February 4, 1977. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 2nd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. LUMPKIN COUNTY SHERIFF'S COMPENSATION CHANGED, ETC. No. 601 (House Bill No. 1186). An Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4002), so as to change the compensation of the Sheriff; to change the provisions relating to the number and compensation of the deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4002), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows:

Page 4119

Section 2. The Sheriff of Lumpkin County shall receive an annual salary not less than $14,000.00, payable in equal monthly installments from the funds of Lumpkin County. Section 2 . Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The Sheriff shall have the authority to appoint a chief deputy who shall receive an annual salary in an amount not less than $8,000.00, and shall have authority to appoint two deputies who shall each receive an annual salary in an amount not less than $7,000.00. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill providing for a change in the compensation of County officials and for other purposes. This 17 day of January, 1977. Tom Dalton, Local Sponsor 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 Nuggett which is the official organ of

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Lumpkin County, on the following dates: January 21, 28 and February 4, 1977. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me this 2nd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 23, 1977. COLQUITT COUNTYADMINISTRATOR MAY BE REMOVED WITHOUT CAUSE. No. 602 (House Bill No. 1189). An Act to amend an Act recreating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), so as to provide for removal, without cause, of the county administrator; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act recreating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), is hereby amended by adding at the end of section 11 thereof the following: He shall be subject to removal from office without cause after having received six months' notice of such removal., so that when so amended section 11 shall read as follows: Section 11. Qualifications of County Administrator. The county administrator shall be chosen by the board solely

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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. He shall be appointed in January of each year for a period of twelve (12) months. He shall be subject to removal from office at any time for just cause. He shall be subject to removal from office without cause after having received six months' notice of such removal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply For Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend an act recreating the Board of Commissioners of Colquitt County, approved March 22, 1974, Georgia Law 1974, page 3078; and for other purposes. This 27th day of January, 1977. G. Keith Murphy County Attorney Colquitt County, Georgia Georgia, Colquitt County. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend an act recreating the Board of Commissioners of Colquitt County, approved March 22, 1974, Georgia Law 1974, page 3078; and for other purposes. This 27th day of January, 1977. G. Keith Murphy County Attorney Colquitt County, Georgia

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Georgia, Colquitt County. Personally appeared before me the undersigned authority duly authorized to administer oaths, Mabel C. Potts, Secretary-Treasurer of Observer Publishing Company, Publisher of the Weekly Moultrie Observer, who an oath deposes and says 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, Georgia, on the following dates: February 3, 10, March 3, 1977. /s/ Mabel C. Potts Secretary-Treasurer of Observer Publishing Company Sworn to and subscribed before me, this 3rd day of March, 1977. /s/ B. Kay DeMott Notary Public, Georgia, State at Large. My Commission Expires Aug. 19, 1980. (Seal). Approved March 23, 1977. HENRY COUNTY BOARD OF EDUCATIONSALARY CHANGES. No. 603 (House Bill No. 1191). An Act to amend an Act fixing the compensation of the members of the Board of Education of Henry County, approved March 21, 1958 (Ga. L. 1958, p. 2920), as amended by an Act approved March 2, 1966 (Ga. L. 1966, p. 2807), so as to change the compensation of the chairman and the other members of the Board of Education of Henry County; 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: Section 1. An Act fixing the compensation of the members of the Board of Education of Henry County, approved March 21, 1958 (Ga. L. 1958, p. 2920), as amended by an Act approved March 2, 1966 (Ga. L. 1966, p. 2807), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The compensation of the chairman of the Board of Education of Henry County shall be $250.00 per month, and the compensation of the other members of the Board shall be $200.00 per month payable from the funds of Henry 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to change the compensation of the members of the Henry County Board of Education; and for other purposes. This 2nd day of Feb., 1977. 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

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the Weekly Advertiser which is the official organ of Henry County, on the following dates: February 3, 10 and 17, 1977. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. HENRY COUNTYCOMPENSATION OF SHERIFF AND SUPERIOR COURT CLERK CHANGED. No. 604 (House Bill No. 1193). An Act to amend an Act placing certain of the county officers of Henry County upon an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3521), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4131), so as to change the compensation of the sheriff and the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Henry County upon an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3521), and an Act approved April 17, 1975 (Ga. L. 1975, p. 4131), is

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hereby amended by striking from section 2 the following: $14,500, and substituting in lieu thereof the following: $17,500, and by adding at the end thereof the following: Effective January 1, 1978, the annual salary of the sheriff shall be increased by an additional 2% on the first day of January of each year., so that when so amended, section 2 shall read as follows: Section 2. The salary of the sheriff of Henry County shall be $17,500 per year to be paid in equal monthly installments out of county funds. The sheriff shall be authorized to employ one chief deputy. The salary of the chief deputy shall be fixed by the governing authority of Henry County and paid in equal monthly installments from county funds. In addition to the chief deputy, the sheriff is hereby authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. The governing authority of Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties. Effective January 1, 1978, the annual salary of the sheriff shall be increased by an additional 2% on the first day of January of each year. Section 2. Said Act is further amended by striking from section 3 the following: $9,500,

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and substituting in lieu thereof the following: $14,500, and by adding at the end thereof the following: Effective January 1, 1978, the annual salary of the clerk shall be increased by an additional 2% on the first day of January of each year., so that when so amended, section 3 shall read as follows: Section 3. The Clerk of the Superior Court of Henry County shall be paid a salary of $14,500 per year to be paid in equal monthly installments out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Henry County. Effective January 1, 1978, the annual salary of the clerk shall be increased by an additional 2% on the first day of January of each year. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1977 session of the General Assembly of Georgia, legislation to change the compensation of the county officers of Henry County; and for other purposes. This 2nd day of Feb., 1977. Ray M. Tucker Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

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duly authorized to administer oaths, Ray M. Tucker, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser which is the official organ of Henry County, on the following dates: February 3, 10 and 17, 1977. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 1st day of February, 1977. /s/ Susan Gordon. Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. HENRY COUNTY CORONERSALARY AND EXPENSES PROVIDED. No. 605 (House Bill No. 1194). An Act to provide for a salary and expense allowance for the Coroner of Henry County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Coroner of Henry County shall receive a monthly salary of $150. In addition to such salary, the Coroner shall also receive $50 per month expense allowance. All of such compensation to be paid from the funds of Henry County and to be in lieu of the fee system of compensation for the Coroner. Section 2. This Act shall become effective on the first

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day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, legislation to change the compensation of the county officers of Henry County; and for other purposes. This 2nd day of February, 1977. Ray M. Tucker Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser which is the official organ of Henry County, on the following dates: February 3, 10 and 17, 1977. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 2nd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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HENRY COUNTY WATER AND SEWERAGE AUTHORITYCOMPENSATION CHANGED. No. 606 (House Bill No. 1195). An Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3519), so as to change the compensation of the members of the Authority; to provide for reimbursement of certain expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3519), is hereby amended by deleting from section 4 the following: The members of the authority shall receive twenty-five dollars ($25.00) for each regular or called meeting they actually attend as compensation for their services, not to exceed 36 meetings during any one calendar year. Section 2. Said Act is further amended by inserting between sections 4 and 5 a new section 4A to read as follows: Section 4A. The members of the Authority shall receive $40.00 for each regular or called meeting they actually attend as compensation for their services, not to exceed 36 meetings during any one calendar year. In addition thereto, members of the Authority shall be reimbursed, upon approval by the Authority in each instance, for actual expenses incurred on the official business of the Authority. 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 1977 session of the General Assembly of Georgia, a bill to change the provisions relative to the compensation of the members of the Henry County Water Authority; to provide for expense reimbursement; and for other purposes. This 2nd day of February, 1977. Ray M. Tucker Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser which is the official organ of Henry County, on the following dates: February 3, 10 and 17, 1977. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. HENRY COUNTYPROBATE COURT JUDGE'S COMPENSATION CHANGED. No. 607 (House Bill No. 1198). An Act to amend an Act placing the Sheriff, the Clerk of the Superior Court and the Judge of the Probate Court of Henry County on an annual salary in lieu of the fee

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system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3248), so as to change the compensation of the Judge of the Probate Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, the Clerk of the Superior Court and the Judge of the Probate Court of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974 p. 3248), is hereby amended by striking in its entirety section 4 and substituting in lieu thereof the following: Section 4. The Judge of the Probate Court of Henry County shall be paid an annual salary of $13,950. The annual salary of said officer shall be increased by an additional 2% on the first day of January of each year commencin January 1, 1978. Said salary shall be paid in equal monthly installments out of county funds. The Judge of the Probate Court is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerk and assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Henry County. Section 2. This Act shall become effective on the first day of the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia,

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legislation to change the compensation of the county officers of Henry County; and for other purposes. This 2nd day of February, 1977. Ray M. Tucker Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser which is the official organ of Henry County, on the following dates: February 3, 10 and 17, 1977. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 2nd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF HAMPTON CHARTER AMENDEDCOLLECTION OF SERVICE CHARGES CHANGED, ETC. No. 608 (House Bill No. 1200). 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 authorize the city to provide for the manner and method of collecting charges for certain services and enforcing payment of same; to change certain provisions relating to the compensation of the mayor and

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councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hampton, approved April 17, 1975 (Ga. L. 1975, p. 4092), is hereby amended by adding at the end of subsection (8) of section 1.12 the following: and to provide for the manner and method of collecting charges for such services and for enforcing payment of same; charges for such services shall constitute a lien against the property receiving such services and shall be enforced in the same manner and under the same remedies as a lien for city property taxes;, so that when so amended, said subsection (8) shall read as follows: (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, sewerage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fee 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; and to provide for the manner and method of collecting charges for such services and for enforcing payment of same; charges for such services shall constitute a lien against the property receiving such services and shall be enforced in the same manner and under the same remedies as a lien for city property taxes;. Section 2. Said Act is further amended by striking in its entirety section 2.15 and substituting in lieu thereof the following: Section 2.15. Compensation and expenses. The mayor and

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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 increase in compensation during the term of any councilman, mayor or mayor pro tempore in office at the time of any change in 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 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, a bill to provide the procedures for the collection of certain utility charges within the City of Hampton, Georgia; and for other purposes. This 7th day of Feb., 1977. Ray M. Tucker Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser which is the official organ of Henry County, on the following dates: February 10, 17 and 24, 1977. /s/ Ray M. Tucker Representative, 73rd District

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Sworn to and subscribed before me this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. DODGE COUNTY SMALL CLAIMS COURT CREATED. No. 609 (House Bill No. 1203). An Act to create and establish a Small Claims Court in and for Dodge 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 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 cost 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 Dodge County. Said court

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shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Created. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Dodge County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. Qualifications of 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 Dodge 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. Disability. 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. 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

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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. Proceedings. (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 of 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.

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(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 clain 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 $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same

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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. Trials. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. 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 the 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

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and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Collection of judgments. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The Judge of the Superior Court of Dodge County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as Small Claims Court Bailiff and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code section 24-804 and give the bond prescribed in Code section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiffs. Section 15. A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated

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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. Small Claims Court of Dodge County

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Section 18. On or before the effective date of this Act the Chief Judge of the Superior Court of Dodge 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 Chief Judge of the Superior Court of Dodge County and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Chief Judge of the Superior Court of Dodge County, and such successor shall serve for the remainder of the unexpired term. Selection of 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. Facilities, etc. 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

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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 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

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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. Bailiff's fee. 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. Severabiltiy. 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 1977 session of the General Assembly of Georgia a bill to create a small claims court for Dodge County; and for other purposes. This 7 day of Feb., 1977. Terry Coleman Representative, 118th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Times Journal Spotlight which is the official organ of Dodge County, on the following dates: February 10, 17 and 24, 1977. /s/ Terry Coleman Representative, 118th District Sworn to and subscribed before me, this 4th day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. CITY OF CHAUNCEYNEW CHARTER. No. 610 (House Bill No. 1204). An Act to create a new charter for the City of Chauncey, in the County of Dodge, Georgia; to consolidate, supersede, and repeal the charter provided by an Act approved August 13, 1912 (Ga. L. 1912, p. 726), as amended; to provide for incorporation of the city; to provide for corporate limits; to provide for the corporate powers, duties and authority of the city, to be exercised by the city council; to provide for the validation of ordinances by laws, rules and regulations in force in said city on the effective date of this Act; to provide for the election of a mayor and councilmen and their terms of office, duties, powers, authority, qualifications, meetings, compensation, quorums and the manner of filling vacancies; to provide for the method and manner of conducting city elections and the practices and procedures in connection therewith; to provide that the mayor shall preside at meetings of the council; to provide for a vice-mayor and the method of his appointment or election and his duties, powers and authority; to provide for a city clerk and the manner of

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his appointment, his term of office, his duties, powers and authority, his compensation, his bond, and other matters pertaining to the office of city clerk; to provide for city legislation and the practices, procedures and methods of submitting, adopting, amending, repealing, filing, authenticating, recording, codifying, and printing of such legislation; to provide for regular, adjourned and special meetings of the mayor and council; to provide for the organization of city government; to provide for offices, positions of employment, departments, agencies and employees of the city and their appointment, suspension, removal, duties, powers and authority; to provide for the administrative duties of the mayor; to provide for the appointment of a city attorney and his duties, powers, authority and compensation; to provide for a mayor's or recorder's court and the jurisdiction, powers and duties of said court; to provide that the mayor or a recorder shall conduct such court; to provide for the powers and duties of the recorder or mayor while serving as judge of said court; to provide for appeals and bonds; to provide for practices and procedures in connection with such court; to provide for oaths of office; to prohibit certain political activity by officers and employees of the city; to provide for a City manager; to provide for the fiscal administration of the city; to provide for fiscal years; to provide for the preparation and submission of budgets and the practices and procedures in connection with such budgets; to provide for action by the council on budgets; to provide for the procedures, practices and requirements for the sale of city property; to provide for audits; to provide for the assessment, levy and collection of ad valorem property taxes and the practices and procedures in connection therewith; to provide for tax due dates and tax bills; to provide for penalties; to provide for the collection of delinquent taxes; to provide for special assessments; to provide for licenses and occupational taxes and the practices and procedures in connection with the issuance, amendment or revocation of such licenses and taxes; to provide for the transfer or assignment of executions and fi. fas.; to provide for the issuance of general obligation bonds; to provide for the issuance of revenue bonds; to provide for restrictions on actions for

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damages against the city; to provide for written statements by claimants in certain actions against the city; to provide for penalties; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CHARTER, DEFINITIONS, CITY LIMITS AND CORPORATE POWERS Section 1.01. This Act is a charter. This Act shall constitute the whole charter of the City of Chauncey, repealing and replacing the charter provided by an Act approved August 13, 1912 (Ga. L. 1912, p. 726), as amended. The City of Chauncey, in the County of Dodge, Georgia, and the inhabitants thereof, are hereby constituted and declared to be a body politic and corporate by the name and style of City of Chauncey, Georgia, and by that name shall have perpetual successions, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. City limits. The corporate limits of said city shall extend for a distance of three quarters of a mile in every direction from the point formed by the intersection of the Southern Railroad main line and State Road 165. Provided, said corporate limits shall not extend beyond the northeast bank of Sugar Creek. Section 1.03. Corporate powers. The corporate powers of the city, to be exercised by the city council, shall include the following: (1) To levy and to provide for the assessment and collection of taxes on all property subject to taxation. (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions

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and to provide for the manner and method of payment of such licenses and taxes. (3) To levy and to provide for the collection of registration fees on automobiles and trucks owned by residents of the city, and also on automobiles and trucks owned by non-residents and operated within the city with any regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacities, weight or horsepower. (4) To appropriate and borrow money to provide for payment of the debts and expenses of the city, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia, and to authorize the expenditure of money for any municipal purpose or matter of national or State interest. (5) To acquire, dispose of, buy, sell and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (6) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under Code section 36-202, or under other applicable public Acts as are in effect or may be enacted. (7) To acquire, lease, construct, operate, maintain, distribute, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and to provide for the withdrawal of service for the refusal or failure to pay same and the manner in which remedies shall be enforced. For water and gas furnished and for all sewerage and sanitary services rendered, said city shall have a lien against any property of the persons served; said lien to be enforceable in the same

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manner and with the same remedies as lien for city property taxes. (8) To grant franchises or make contracts for public utilities and public services, not to exceed a period of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor. (9) To regulate the rates and services of public utilities insofar as not to conflict with such regulation by the Georgia Public Service Commission or other similar State or Federal agency having jurisdiction in such matters. (10) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, airports, hospitals, and charitable, educational, recreational, conservational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements, inside or outside the city and to regulate the use thereof, and for such purposes property may be acquired by condemnation under Code section 36-202, or other applicable public Acts. (11) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots of lands, and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure so to do. (12) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (13) To provide for the collection and disposal of garbage, rubbish and refuse, and to provide for the separate collection of glass, tin, aluminum, cardboard, and paper and to provide for the sale of such items. Charges may be imposed to cover the costs of such services which, if unpaid,

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shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. (14) To levy a fee, charge a sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant or plants and sewage systems, and to levy on the users of sewers and the sewage system, a sewer service charge fee or sewer tax for the use of sewers and to provide for the manner and method of collecting such service charges and for enforcing payment of same. (15) To charge, impose, and collect a sewer connection fee or fees, and to change the same from time to time, such fees to be levied on the users connecting with the sewage system. (16) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city and to provide for the enforcement of such standards. (17) To define a nuisance in the city and to provide for its abatement. The mayor or recorder of the city as the case may be, shall have jurisdiction of all nuisance abatement proceedings in the city. The city shall provide by ordinance that the maintenance of any building, structure, or condition in violation of any valid law of this State or any valid ordinance of the city shall be adjudged a nuisance and for its abatement at the owner's expense and upon his failure or refusal to abate same within a period of not less than ten days after written notice from the city to do so and to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public. (18) To establish minimum standards for and to regulate building construction and repair, electrical wiring and

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equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness and safety of inhabitants of the city, and to provide for the enforcement of such standards. (19) To regulate and license weights and measures. (20) To provide that persons given jail sentences in the city court shall work out such sentences on the streets or any public works of the city or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county workhouse or jail by agreement with the appropriate county officers. (21) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same when in violation of any ordinance or lawful order, and for their disposition, by sale, gift, or humane killing, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder. (22) To order any railroad operating within the city to construct viaducts or underpasses to eliminate grade crossings or to pave and maintain grade crossings or to pave and maintain grade crossings in a smooth and safe condition. The city shall pay the costs of constructing approaches to the railroad's right of way line. Each day's failure of the railroad to comply with such an order after a reasonable time has elapsed shall be a separate offense, and shall be punished by a fine not to exceed fifty dollars ($50.00) for each offense. If the railroad refuses to do such work, the city may have the work done and may collect the cost thereof from the railroad by the use of all legal and equitable remedies available under the law. (23) To regulate and license vehicles operated for hire in the city, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance of such vehicles in amounts prescribed by

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ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles. (24) To levy and provide for the collection of special assessments for public improvements. (25) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as hereinafter provided. (26) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted in the Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive or general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable Acts of the State. (27) To accept gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (28) To lay out, open, widen, extend, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, and prevent erosion of roads, alleys and walkways within the corporate limits of the city without notification. (29) To grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities. (30) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs,

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fences, buildings and any and all structures or obstructions upon or adjacent to the rights of way of streets and roads or within immediate view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances. (31) To regulate the emission of smoke, gas, fumes, exhausts, and other materials which pollute the air and to prevent the pollution of natural streams which flow within the corporate limits of the city, and the source or sources of water supply for the use and consumption of the city and its residents. (32) To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general laws, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof. (33) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof. (34) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city. (35) To provide and maintain a system of pensions and retirement for officers and employees of the city. (36) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor. (37) To create, alter, or abolish departments, boards, offices, commissions and agencies of the city; and to confer upon such agencies, the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same.

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(38) To make, ordain and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city. (39) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia. (40) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial, manufacturing and other enterprises into the city; and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries. (41) To impose, levy and collect excise taxes, gross receipts, taxes, sales or use taxes, amusement admission taxes, franchise taxes, occupational taxes, license taxes, or any other tax or taxes to the fullest extent allowable or not expressly prohibited by Georgia law. (42) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City of Chauncey. 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 said mayor and council of said city. ARTICLE II. CITY COUNCIL Section 2.01. Election of mayor and councilmen. The mayor and councilmen serving on the effective date of this Act shall hold their office for the terms for which they were elected and until their successors are elected and

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qualified under the provisions of this Act. On the second Wednesday in December, 1977, there shall be an election for the mayor and five councilmen, who shall take office on the first day of January, 1978. The two councilmen receiving the highest number of votes in said election, and the mayor, shall serve for initial terms of two years and until their successors are elected and qualified. The other three councilmen therein elected shall serve for initial terms of one year and until their successors are elected and qualified. Thereafter, successors to the office of mayor and to all offices of councilmen shall serve for terms of two years and until their successors are elected and qualified, shall be elected on the second Wednesday in December immediately preceding the expiration of their respective terms of office, and shall take office on the first day of January immediately following their respective election. No later than thirty days prior to each such election, the mayor shall give public notice of such election as provided in section 34A-702 of the Georgia Municipal Election Code and shall announce the offices to be filled therein, and the qualifying dates and fees thereof. The mayor and council shall have the power to provide the exact manner in which and place where said elections shall take place and to require the preservation of good order and prevent disturbance or interference with the free right to vote. The mayor shall appoint three freeholders or one justice of the peace and two freeholders of the city to manage all elections and such clerks as he deems necessary. Each manager, before entering on his duties, shall take the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and prevent all illegal voting, to the best of my ability and power; so help me God. The mayor shall provide at the city's expense all necessary material for use of managers in elections. The mayor and council may prescribe by ordinance how votes may be challenged; how the returns of all elections shall be made and the result declared, how contests of any

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election shall be conducted, and prescribe all rules and regulations for the proper conduct of all elections in said city. Section 2.02. City council. The mayor and five councilmen shall compose the city council, in which is vested all corporate legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members, also of the amount and manner of compensating them for their services; provided, the amount and manner of compensating the mayor and councilmen shall be set by ordinance at the first regular meeting each year of said mayor and council and upon failure to set such compensation amount or manner, the compensation amount and manner for the immediately preceding year shall remain in force for that year in which the amount or manner was not set. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The council shall meet in special session on written call of the mayor or any three councilmen and served on the other members personally or left at their residences at least twelve hours in advance of the meeting and notice of any special meeting may be waived in writing before or after the meeting, but such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its powers only in public meetings. A majority of the council shall constitute a quorum. The council may adopt, by ordinance, rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, may order the production of books and papers, and shall have the same powers as the State Court of Dodge County, or comparable county courts, to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Section 2.03. Mayor as presiding officer. The mayor shall preside at meetings of the council, shall have a vote

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only in case of a tie, shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds and contracts when authorized by the council to do so, shall be the officer to accept process against the city, and shall perform other duties imposed by this Act and ordinances not inconsistent with this Act. Section 2.04. Vice-mayor. The council, at the first regular meeting after the newly elected councilmen have taken office following each annual election, shall elect from its membership a vice-mayor who shall serve for a term of one year. In the event that no decision is reached at such first regular meeting, the council shall elect the vice-mayor within five ballots to be taken within ten days following such meeting; otherwise the councilman who received the highest number of votes when he was last elected shall become vice-mayor. The vice-mayor shall perform the duties of the mayor during his absence or inability to act, and shall fill any unexpired term in the office of mayor, in which case a new vice-mayor shall be elected by majority vote of the council. Section 2.05. Vacancy in office of mayor or councilman. A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, is absent from three consecutive regular meetings of the governing authority, except if granted a leave of absence by the council, or has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, or if he is adjudged an incompetent or is convicted of malfeasance or misfeasance in office, or felony, a violation of this Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor or vice-mayor in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed on the council, within 10 days thereof a special election shall be called and published by the mayor, or by the remaining councilmen in case the vacancy is in the office of mayor, as provided in section 34A-704 of the Georgia

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Municipal Election Code, at which election a mayor or councilman, as the case may be, shall be elected to serve the remainder of the unexpired term of the vacant office; provided that no such election shall be held if a regular annual election will occur within six months from the date of said vacancy. Section 2.06. City clerk. The mayor and council shall appoint a city clerk, who shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; preparing a monthly financial report when required to do so by the mayor or council; and performing such other duties as may be required by the council or mayor; provided, all expenditures and receipts shall be handled through the clerk's office and all expenditures shall be by check cosigned by the clerk and by the mayor or vice-mayor. The salary of the city clerk and his term of office shall be as prescribed by the mayor and council. The council shall require the clerk, before entering upon discharge of his or her duties to give good and sufficient bond in the amount to be decided by the council, but not less than $1,000.00, said bond payable to the City of Chauncey, for the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said security bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the council and the premiums thereon shall be paid by the city. Section 2.07. City legislation. Any action of the council having a regulatory or penal effect, or required to be done by ordinance under this Act, shall be done only by ordinance. Each motion, resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any motion, resolution or ordinance. After adoption of ordinances,

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the city clerk shall number ordinances consecutively in the order of their final adoption and shall file them in a permanent record book used solely for this purpose, and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions and motions shall be filed and preserved by the city clerk. All ordinances before they are passed shall be read twice, and each reading had at a separate meeting, regular, adjourned, or special, on separate days. The first reading shall be at a regular meeting of the council, provided that both readings of said ordinance may be had at the first meeting, upon unanimous consent of the council to that effect; provided further that ordinances or resolutions appropriating or involving the expenditure of money or for other than current expenses shall be read twice as above provided and the rule shall not be suspended. Section 2.08. Submission of ordinances to the mayor; authenticating, recording, codifying, printing. (a) (1) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (2) The mayor, within 10 calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council, through the clerk, a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (3) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of four members, it shall become law. (4) The mayor may disapprove or reduce any item or

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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 Chauncey, 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 recorded promptly following its adoption, and shall cause reproductions of said ordinances and amendments to be made available for purchase by the public at reasonable costs to be fixed by the council. Following publication of the first Code of the City of Chauncey 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. ORGANIZATION AND PERSONNEL Section 3.01. Organization, appointment, suspension and removal of employees. (a) The city government shall continue as presently organized, unless and until otherwise provided by ordinance, but no such ordinance shall be adopted until after the council has received and considered the written

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recommendations of the mayor. The council by such ordinances may establish, abolish, merge or consolidate offices, positions of employment, departments, and agencies of the city, may provide that the same person may fill any number of offices and positions of employment, and may transfer or change the functions, duties and compensation of offices, positions of employment, departments, and agencies of the city. (b) All employees of the city, except as otherwise provided in this Act, shall be appointed, promoted, demoted, transferred, suspended and removed by the mayor. During a suspension, an employee's salary may be reduced or eliminated, as determined by the mayor. Before suspending for more than thirty days or removing an employee, the mayor shall serve the employee with a written notice of intention to suspend or remove him, containing a clear statement of the grounds for such proposed action and notification that the employee may appeal to the city council by filing, within ten days, with the city clerk, written notice of his intention to do so. The mayor may veto the actions of the city council as he may an ordinance. Section 3.02. Administrative duties of mayor. The mayor shall be the executive head of the city government and shall be responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city, and the city attorney shall take such legal actions as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. Section 3.03. City attorney. The mayor and council may appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, shall be the prosecuting officer in the mayor's or recorder's court, shall advise the council, mayor and other officers and employees

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of the city concerning legal aspects of the city's affairs, and shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, and motions prior to enactment or execution by the council and mayor. Section 3.04. Mayor's or recorder's court. There shall be a mayor's or recorder's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor or recorder in the courtroom in the city hall of said city as often as necessary. If the council shall so decide, a recorder shall be appointed to serve from year to year, at a salary to be fixed by the council, and if so appointed, such recorder shall conduct the court. If no recorder is appointed, the mayor shall conduct the court. If both the mayor and recorder are absent or disqualified, any councilman designated by the mayor may hold court. The recorder or mayor shall have full power and authority, upon conviction to sentence any offender to labor upon the streets or other public works in the city for a period not exceeding thirty days, or to impose a fine not exceeding five hundred dollars, or both, in the discretion of the presiding officer. The recorder or mayor shall have the right to issue criminal warrants, to hold preliminary trials and to fix bonds of all persons tried before him to answer for their appearance at the Superior Court of Dodge County or the State Court of Dodge County, for violations of the criminal laws of said State, or in default of such bond, commit such offenders to jail for safekeeping. The mayor's or recorder's court shall be held at such times and places as the council may designate. The right to appeal any bond as may be required to secure the costs on appeal to the Superior Court of Dodge County from the mayor's or recorder's court shall lie in the same manner and under the same procedure as generally described for appeals and bonds from the Probate Court of Dodge County; provided however, any person convicted of an offense shall have ten (10) days to file his appeal. An appeal to the superior court shall be a de novo proceeding. Section 3.05. Other officers and employees. After receiving the written recommendations of the mayor, the council

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may establish by ordinance, offices and positions of employment and may abolish, combine or modify them by ordinance in accordance with such recommendations. Public utilities owned or operated by the city shall be under the supervision of the mayor, council and employees appointed by them or may be under boards or commissions appointed by and answerable to the mayor and council, as may be provided by ordinance. Section 3.06. Oath of office. Before a person takes any office in the city government, he shall take the following oath or affirmation before an officer of this State authorized to administer oaths: I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia, that I will, in all respects, observe the provisions of the charter and ordinances of the City of Chauncey, and that I will faithfully discharge the duties of the office of...... Section 3.07. Political activity prohibited. No officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office. Section 3.08. 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. ARTICLE IV. FISCAL ADMINISTRATION Section 4.01. Fiscal year. The fiscal year of the city government shall begin on the first day of January, and shall end on the thirty-first day of December of each year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. Mayor to submit annual budget. On or before a date fixed by the council, but not later than forty-five

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days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed budget for the next fiscal year, showing separately for the general fund, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the current fiscal year, and (e) such other information and date, as may be considered necessary by the mayor or requested by the council. The mayor shall provide a listing of long-range liabilities and a proposed schedule for meeting them. Section 4.03. Action by council on budget. Before the beginning of the ensuing fiscal year the council shall adopt an appropriation ordinance, based on the mayor's budget with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department and agency. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city; provided the council unanimously agrees there is such an emergency. If emergency conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by an ordinance specifically passed for such purpose. Section 4.04. Sale of city property. The mayor and council may sell any city property which is obsolete, surplus or

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unusable, at public or private sale, with or without advertisement and for such consideration as to said mayor and council shall seem equitable and just to the city. Section 4.05. Annual audit. The council may employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the council, at a time agreed to between him and the council, and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4.06. Property taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Chauncey. The council by ordinance may elect to use the county assessment for the year in which the city taxes are to be levied and may request the county to furnish appropriate information for such purpose. Section 4.07. Tax levy. The council shall make a tax levy, expressed as a fixed rate per one hundred dollars ($100.00), of assessed valuation; and if no tax levy is made within ninety days prior to the tax due date, the property tax rate in effect for the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.08. Tax due date and tax bills. The due dates of property taxes shall be fixed by ordinance. The city shall send tax bills to taxpayers showing the assessed valuations, amount of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent on the day following the specified due date, at which time a penalty of ten percent (10%) shall be added, and after the due date such taxes shall be subject to interest at the rate of twelve percent (12%) per annum from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.09. Collection of delinquent taxes. The council

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may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor and city attorney for the sale of goods and chattels to be executed by any police officer of the city either under the laws governing execution of such process from a justice of the peace, or under general laws providing for the collection of delinquent city or county taxes, or by any two or more of the foregoing methods, and by the use of any additional available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment date of January 1st of each year, which shall be superior to all other liens except that it shall have equal dignity with those for federal, State or county taxes. Section 4.10. Special assessments. The city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent on the day following the specified due date, shall thereupon be subject to a penalty of ten percent (10%), and shall thereafter be subject to interest at the rate of twelve percent (12%) per annum from due date until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes. Section 4.11. Licenses and occupational taxes. The council may provide by ordinance for the levy of such license and occupational taxes upon the residents of the City of Chauncey, both individual and corporate, and upon all those who transact or offer to transact business therein or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city. The council shall have the power to classify businesses, occupations, professions or callings for the purpose of taxation in any way which may be lawful, to require such persons to procure appropriate licenses; to compel payment for such licenses;

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and to provide by rules and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violations thereof. Section 4.12. Transfer of executions. The City Clerk of the City of Chauncey shall be authorized to transfer or assign any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be provided by law from time to time. Section 4.13. General obligation bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 4.14. Revenue bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended. ARTICLE V. MISCELLANEOUS Section 5.01. Restrictions on action for damages against city. No action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the mayor within

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sixty (60) days after such cause of action shall have occurred, except that when the claimant is an infant or non compos mentis, or an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 5.02. Penalties. The violation of any provisions of this Act or any ordinance adopted pursuant to this Act, for which a penalty is not specifically provided herein, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. Section 5.03. Severability. If any article, section, subsection, paragraph, sentence, or part thereof, of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each article, section, subsection, paragraph, sentence, or part thereof, be enacted separately and independently of each other. Section 5.04. Effective date. This Act shall become effective on the first 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 5.05. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Local Legislation. Notice is hereby given that the town of Chauncey intends to apply for passage of local legislation at the 1977 session of the General Assembly of Georgia to provide for a new charter for the town of Chauncey, to provide for all matters relative thereto, and for all other purposes.

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This notice is given in order to comply with appropriate provisions of the constitution of the state of Georgia. This 1st day of January, 1977. Kytle Burch Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Coleman who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight which is the official organ of Dodge County, on the following dates: January 13, 20 and 27, 1977. /s/ Terry Coleman Representative, 118th District Sworn to and subscribed before me, this 2nd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977. LAMAR COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 611 (House Bill No. 1206). An Act to amend an Act creating a Board of Commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended so as to change the provisions relating to the compensation of the Chairman of the Board; to

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provide for compensation and an expense allowance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, is hereby amended by striking from section 6 the following: The Chairman of the Board shall receive as compensation for his services as such the sum of four hundred dollars ($400.00) per month., and inserting in lieu thereof the following: The Chairman of the Board shall receive as compensation for his services as such the sum of two hundred fifty dollars ($250.00) per month. In addition to such compensation, the Chairman of the Board shall also receive an expense allowance of one hundred fifty dollars ($150.00) per month., so that when so amended, section 6 shall read as follows: Section 6. The Chairman of the Board shall receive as compensation for his services as such the sum of two hundred fifty dollars ($250.00) per month. In addition to such compensation, the Chairman of the Board shall also receive an expense allowance of one hundred fifty dollars ($150.00) per month. The other members of the Board shall receive as compensation for their services as such the sum of two hundred dollars ($200.00) per month. In addition, the Chairman and other two members of the Board shall receive actual expenses incurred by them while conducting county business outside Lamar 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.

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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 1977 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended; and for other purposes. This 8th day of February, 1977. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette which is the official organ of Lamar County, on the following dates: February 17, 24 and March 3, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 3rd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 23, 1977.

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CITY OF WHITESBURGNEW CHARTER No. 612 (House Bill No. 1207). An Act to be entitled an Act to provide a new Charter for the City of Whitesburg; to provide for the incorporation of said City; to provide for corporate limits; to provide for the powers, duties and authority of the City and its governing authority; to provide for a Mayor and City Council; to provide for elections and terms of office; to provide for vacancies; to provide for compensation and expenses; to prohibit certain acts; to provide for a Mayor Pro Tem; to provide for practices and procedures; to provide for ordinances and codes; to provide for an executive branch of City government; to provide for a judicial branch of City government; to create a municipal court; to provide for a judge; to provide for the jurisdiction and powers of the municipal court; to provide for practices and procedures; to provide for rules; to provide for elections and the practices and procedures connected with such elections; to provide for the removal of elected officers; to provide for the financial and fiscal affairs of the City; to provide for taxes and the practices and procedures connected therewith; to provide for the issuance of bonds; to provide for appropriations; to provide for purchasing; to provide for municipal services and regulatory functions; to provide for bonds; to provide for existing ordinances and regulations; to provide for penalties; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal an Act incorporating the Mayor and Council of the Town of Whitesburg in the County of Carroll, approved December 15, 1894 (Ga. L. 1894, p. 196), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION, POWERS Section 1.11. Incorporation. The Mayor and Council of the Town of Whitesburg, Georgia, hereinafter referred to as

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City of Whitesburg, Georgia, or as City in Carroll County, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Whitesburg, Georgia. Under that name, said City shall continue to be vested with all of the property which now belongs to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with, may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.12. Corporate Boundaries. (a) The boundaries of the City of Whitesburg, Georgia, 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 Whitesburg, Georgia, at all times, shall be shown on a map, a written description or any combination therof, 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 Whitesburg, 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 and City Council. 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 and Mayor may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.13. Specific Powers. The corporate powers of

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the government of the City of Whitesburg, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (4) To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn property, inside or outside the corporate limits of the City for present or future use, and any corporate purpose deemed necessary by the governing authority, under section 36-202 of the Georgia Code or under other applicable Public Acts as are or many be enacted; such power to be exercised only within Carroll County;

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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, sewerage 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; 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 roads, alleys, and walkways within the corporate limits of the City; (11) To grant franchises and rights-of-way throughout the streets and roads, public rights-of-way over the bridges and viaducts, for the use public utilities; (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, water plants and fixtures, markets and market houses, public auditoriums, buildings, libraries, sewers, drains, sewerage treatment plants, airports, hospitals, and charitable, cultural, educational, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Georgia Code, or other applicable Public Acts, as are or may be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or

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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 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, and to adopt zoning ordinances; (15) To provide for the prevention and punishment of drunkenness, riots, and public distrubances; (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 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 the penalties and punishment for violation of such ordinances; (19) To prescribe standards of health and sanitation and to provide for the enforcement or such standards; (20) To regulate the emission of smoke or other exhaust which pollutes the air, to prevent the pollution of natural streams which flow within the corporate limits of the City

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and to regulate noise and sound volumes and emissions or pollutions; (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; to provide for removal of junk, garbage, refuse or abandoned or wrecked vehicles from public or private property and in the event such removal is carried out by the City, that the City shall assess fees against the property owner for the removal or clearing of the same; (23) To provide for the collection, method of collection, and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, fees, and to provide for the manner and method of collecting such service charges; (25) To levy a fee, charge, or sewer assessment or 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 fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and

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for enforcing payment of same; to levy a fee, charge or water assessment fee or tax for water connection; (26) To own, maintain, operate, 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, to charge a water connection fee or fees to be levied on users connecting with the water system; (27) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (28) To define a nuisance and provide for its abatement whether on public or private property; (29) To provide for the preservation and protection of property and equipment of the City and administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (30) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the City and to provide for the enforcement of such standards; (31) To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works or on the streets, roads, drains and squares in the City; or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (32) To adopt ordinances and regulations for the prevention of disorderly conduct and disturbing the peace in the corporate limits of the City and to prohibit the playing of lotteries therein, unless otherwise provided by State law,

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and to prohibit or regulate by ordinance such other conduct and activities within said City which, while not constituting an offense against the laws of this State, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the City or to the welfare of the citizens thereof; (33) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance enacted hereunder; (34) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alley and walkways of the City; (35) To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance of such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (36) To provide and maintain a system of pensions and retirement for officers, officials and employees of the City; to provide health, accident, and life insurance policies for officers, officials and employees of the City; (37) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (39) To create, alter or abolish departments, boards, offices, commissions, and agencies of the City, and to confer upon such agencies the necessary and appropriate authority

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for carrying out all the powers conferred upon or delegated to same; (40) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good government of the City; (41) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (42) To exercise the power of arrest through duly appointed policemen; (43) To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (44) To establish a municipal court to have jurisdiction and authority to try offenses against the laws and ordinances of said City and State and to punish and fine individuals in violation of the same; (45) To levy and charge a fee, charge or water assessment tax as necessary to assure the acquiring, construction, equipping, operating, maintaining and extending of a water collection or treatment plant and water system to levy on the users of water and water system, a water fee or water tax for the use of water to provide for collecting such charges or fees and provide for a method of collecting such service charges and provide for payment of the same, such method to include but not be limited to the disconnection of services for failure to pay for such services; to charge, impose, and collect a water connection or disconnection fee or fees, such fees to be levied on the users connecting or disconnecting from such water system and to manner and method of collecting such fees and penalties for collecting and enforcing the same;

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(46) 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 1.14. General Powers. In addition to all other powers herein granted, the City shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the City was heretofore authorized to exercise upon the effective date of this Charter. Section 1.15. Construction. The powers of the City shall be construed liberally and in favor of the City. The specific mention or failure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the City as stated in this Charter. It is the intention hereof to grant the City full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City and all of its affairs. Section 1.16. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of

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the governing authority and as provided by pertinent laws of the State of Georgia. Section 1.17. Ordinances. All ordinances, bylaws, rules and regulations now in force in the City not inconsistent with this Charter are hereby declared valid and of full effect and force until amended or repealed by the governing authority. ARTICLE II GOVERNING AUTHORITY Section 2.10. Creation; Composition; Number; Election. The legislative authority of the government of the City of Whitesburg, Georgia, except as otherwise specifically provided for in this Charter, shall be vested in a City Council to be composed of a Mayor and four City Council persons. The Mayor and Council persons shall be elected in the manner prescribed 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 Council person unless he shall have been a resident of the City for a period of not less than six months 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 Whitesburg, Georgia. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) VacanciesThe office of Mayor or Council person 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 Council person shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as

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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 vacany in the office of Mayor or Council person 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 Council persons shall receive as compensation for their services the amount of one hundred dollars ($100.00) per year per Council person and the Mayor shall receive payment of two hundred dollars ($200.00) per year, or such other sums as are from time to time set by ordinance passed by the Council in conformity with the laws of the State of Georgia. The Mayor and Council persons shall be entitled to receive their actual and necessary expenses included in the performance of their duties. Section 2.14. Prohibitions. (a) Holding Other Office. Except as authorized by law, no member of the Council or the Mayor shall hold any other elective City office or City employment during the term for which he was elected. No Mayor or Council member shall hold voting membership on any board, authority, or commission created by City Ordinance while holding office as Council member or as Mayor. (b) Voting When Personally Interested. Neither the Mayor nor any other member of the Council shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the City and the conduct of any department, board, commission or authority created by act of said Council 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.

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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 Whitesburg, Georgia, as provided by Article I. (b) In addition to all other powers conferred upon it by law, the Council shall have authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations not inconsistent with this Charter, the Constitution of the United States of America, and the Georgia 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 Mayor and Council of the City of Whitesburg, Georgia, and may enforce such ordinance by imposing penalties for violation thereof. (c) The Council may be ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this Charter. Section 2.17. Powers and Duties of Mayor. The Mayor shall be the official spokesman for the City and chief advocate of policy. He shall preside over all meetings of the City Council and shall sign ordinances and resolutions except as otherwise provided by this Charter. He shall sign deeds, bonds, contracts, and other documents or instruments when authorized by the Council to do so. The Mayor shall vote only in case of a tie. The Mayor shall have the power to administer oaths and to take affidavits. The Mayor shall be the official head of the City for the service of process and for ceremonial duties. The Mayor shall perform such other duties as may be impowered by this Charter or by order of the Council not inconsistent therewith. Section 2.18. Election of Mayor. The Mayor shall be elected for a term of two years and until his successor is

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elected and qualified. He shall be a qualified elector of the City of Whitesburg. Section 2.19. Limitation Terms of Service. There shall be no limit on terms of service of either the Mayor or City Council persons. Section 2.20. (a) Mayor Pro Tem. During his 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 Council persons 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. (b) Clerk. Following the swearing in of all Council members the Council, by majority vote, shall elect one of their members to be City Clerk who shall record and keep records of all proceedings at regular or special called meetings of said Council. Section 2.21. Organization of Council. The new Council members shall be sworn in by a Justice of the Peace or the City Attorney and the oaths 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 my office of the Mayor and Council of the City of Whitesburg, Georgia, and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. Following the induction ceremonies of the new members, the Council, by majority vote of all the members thereof, shall elect one of their members to be Mayor Pro Tem. Said Mayor Pro Tem shall serve for a term to coincide with the term for which the Mayor and City Council were elected or until his successor is elected and qualified. Section 2.22. Regular and Special Meetings. (a) The Council shall hold regular meetings at such time and places as prescribed by ordinance. The Council may recess any regular meeting and continue such meeting on any weekday

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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 at least two (2) members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least twelve (12) hours in advance of the meeting. Such notice shall not be required if the Mayor and all Council persons are present when the special meeting is called. (c) All meetings of the Council shall be public unless such sessions can be privately held in accordance with the laws of the State of Georgia. 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 shall be a public record. General rules of Parliamentary Procedure shall be followed as in accordance with Roberts' Rules of Order unless otherwise adopted by the Council. Section 2.24. Quorum; Voting. The Mayor (or Mayor Pro Tem when presiding) and three (3) Council persons shall constitute a quorum and shall be authorized to transact business of the Council. Voting on the adoption of ordinances shall be taken by hand vote and the votes shall be recorded in the journal. When a quorum is present, the affirmative vote of a majority of these Council persons present 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

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enacting clause shall be The Mayor and Council of the City of Whitesburg, Georgia, hereby ordains.... (b) An ordinance may be introduced by any member of the Council and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the Clerk shall distribute a copy to the Mayor, and to each Council person, 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. All ordinances must be passed by majority vote of the members of the Council with a quorum being present at the time of such vote. 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 utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall plainly be designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) Council persons shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may be repealed by adoption of a repealing 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 procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances, generally except that (1) the requirements of section 2.25(b) for distribution

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and filing of copies of the ordinance shall be construed to include copies of any code of technical regulation, 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 2.28. (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 2.28. Signing, Authenticating, Recording, Codification, Printing. (a) The Clerk or City Manager shall authenticate by his signature and record in full in a properly indexed book kept for the purpose of recording all ordinances adopted by the Council. Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Council may 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 may be adopted by the Council by ordinance and shall be published promptly, together with all amendments thereto, with this Charter any amendment thereto, and such codes of technical regulations and other rules and regulations as the City Council may specify. This compilation may be known and cited officially as The Code of the City of Whitesburg, Georgia. Copies of the code may be furnished to all officers, departments, and agencies of the City and may 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 or printed promptly following its adoption and the typed or printed ordinance and Charter amendments may be made available for purchase by the public at reasonable prices to be fixed by the Council. If the Council adopts an ordinance requiring a codification of City ordinances and following publication of the first code of the City of Whitesburg, Georgia, and at all times thereafter, the ordinances and Charter amendments shall

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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 governmen 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. The Council may appoint one of its members to supervise one or more departments of the City. (b) The operations and responsibilities of each department now or hereafter established in the City shall be distributed among such divisions or bureaus as may be provided by ordinance of the Council. Each department shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance, and shall be subject to the direct supervision and guidance of one Council member and to the general supervision and guidance of the Mayor and Council, or in the event the Council creates the office of City Manager, to the direct supervision and guidance of the City Manager. (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.

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Vacancies occurring an an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the City Council. Section 3.11. Boards, Commissions, and Authorities. (a) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable State law. (b) No voting member of any board, commission or authority shall hold an 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 City Attorney. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the City Council. (f) Members of boards, commissions, and authorities may

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receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, and authorities shall be prescribed by ordinance. (h) Except as otherwise provided by this Chapter or by applicable State law, each board, commission, or authority of the City government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary an employee of the City. Each board, commission, or authority of the City government may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the City, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the Clerk of the City after approval by the Mayor and City Council. Section 3.12. City Attorney. The Council shall appoint a City Attorney and shall provide for the payment for such attorney for service rendered to the City including an amount set out as a retainer. The City Attorney shall be the magistrate in the Recorder's Court. The City Attorney shall advise and counsel the City Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs. The City Attorney shall perform such other duties as may be required by virtue of his position as City Attorney. He shall be responsible for representing and defending the City in all litigation in which the City is a party unless said attorney be presented therein with a conflict of interest. He shall be removed by vote of three members of the Council for neglect of duty. He shall be appointed by the Council and serve at the discretion of the Council. Section 3.13. City Clerk. (a) The City Council may appoint one of its members as City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or that the City Council may direct.

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(b) The City Council may appoint a person to assist the City Clerk in keeping and maintaining the journal of the proceedings of the City Council, all other records, including those records kept and maintained for the water department, voting records, files and documents of the City. The Assistant City Clerk may perform such other duties as the Council requires. Such person may receive such salary and compensation as the City Council may fix by ordinance. Section 3.14. Tax Collector. The City Council may, by ordinance, appoint a tax collector to collect all taxes, license 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 general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipality. Said Tax Collector may be the same individual as appointed by the City Clerk. Section 3.20. City Manager; Appointment, Qualification and Compensation. The Council may appoint by enacting ordinance for an indefinite term, an office whose title shall be City Manager. The Manager may be appointed solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in and knowledge of the duties hereinafter prescribed. The manager shall serve at the pleasure of the Council. The compensation of the manager shall be fixed by the Council by ordinance. At the time of appointment, the City Manager need not be a resident of the City and neither shall be required to reside therein during his or her tenure of office. Section 3.21. Chief Administrative Officer. In the event of establishment of the office of City Manager by proper enacting ordinance, the City Manager shall be the chief administrative officer of the government of the Mayor and Council of the Town of Whitesburg, Georgia. In the event of the creation of said office of the City Manager, he or she shall be responsible to the Council for the proper and efficient administration of the affairs of the City. Section 3.22. Powers and Duties. As chief administrative

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officer, the Manager shall in the event of the creation of said office have the power to appoint all City officers and department directors with the approval of the City Council. He shall have such other powers and duties as are vested in him or her by this Charter and by ordinance. Section 3.23. Grounds for Removal. The Manager shall be subject to removal from office for any one of the following causes: (a) Conviction of a crime involving moral turpitude; (b) Incompetence, misfeasance, or malfeasance in office; (c) Wilful violation of this Charter; (d) Abandonment of office or neglect to perform the duties thereof; (e) Failure for any other cause to perform the duties of office as required by this Charter or law. Section 3.24. Procedure for Removal. The removal of the City Manager from office shall be accomplished by vote and action of three affirmative votes of the membership of the Council. Such removal being sought shall be preceded by written notice specifying the ground or grounds for removal at least fourteen days prior to the Council's vote to remove said City Manager. ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal Court; Creation. There is hereby established a court to be known as the Municipal Court of the Mayor and Council of the City of Whitesburg, Georgia, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said City and State as allowed by State law and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as

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may be provided by law; to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the Judge of said court. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. The Judge shall be appointed by the Council and shall serve at the discretion of the Council. The compensation of the Judge shall be fixed by the Council. (b) 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 ordinances or at such times as deemed necessary by the Judge 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 Whitesburg 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 five hundred dollars ($500) or imprisonment for thirty (30) days or both, and as alternative to fine or imprisonment, to sentence

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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, or make provision with the County to have sentences imposed by said court to be served in the County Jail or County Prison Farm or Camp. (b) The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to the State or Superior 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 (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the Judge declared forfeited to the City of Whitesburg, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. The Court shall thereafter issue a rule absolute which shall be entered on the public records of the Court. The Court shall have the authority through the Clerk of Superior Court to issue fi. fas. and to levy on any property which is subject to bond. (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.

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(e) The Municipal Court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this Charter or by State law. (g) The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Whitesburg 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 Superior Court of Carroll County from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court. Provided that any person who fails to file his appeal within ten (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 may be filed with the City Clerk, may be available for public inspection, and upon request, a copy may be furnished to all defendants in Municipal Court proceedings at least forty-eight (48) hours prior to said proceedings.

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ARTICLE V ELECTIONS Section 5.10. Regular Elections, Time for Holding. The Mayor and Council shall serve and be elected at large. On the first Saturday in December, 1978, and the first Saturday in December thereafter, there shall be an election for four councilmen and Mayor. Each person qualifying for City Council shall qualify by posts which shall be designated Post 1, 2, 3 and 4, respectively. Each candidate, in order to be elected, must receive a majority of the total votes each in such election. 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 Whitesburg. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the Mayor and Council of the City of Whitesburg, Georgia, 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 ninety (90) days of the expiration of the term of office of the Mayor or Councilmen, said vacancy in office shall be filled by appointment by remaining members of the Council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this Charter and the Georgia Municipal Election Code and Title 34A of the Georgia Code, as now or hereafter amended.

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Section 5.30. Grounds for Removal of Elected Officers. The Mayor or any Councilman shall be subject to removal from office of any one or more of the following causes: (a) Incompetence, misfeasance, or malfeasance in office; (b) Conviction of a crime involving moral turpitude; (c) Failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (d) Wilful violation of any express prohibition of this Charter; (e) Abandonment of office or neglect to perform the duties thereof; or (f) Failure for any other cause to perform the duties of office as required by this Charter or by law. Section 5.31. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of three-fourths vote of the entire membership of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any election officer sought to be removed from office herein provided shall have the right of appeal from the decision of the Council to the Superior Court of Carroll County. Such appeal shall ge 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 Carroll County as provided by law.

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ARTICLE VI FINANCE AND FISCAL Section 6.10. Property Taxes. All property subject to the taxation for county or State purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the Mayor and Council of the City of Whitesburg, The City will use the county assessment for the year in which the City taxes are to be levied and the county is to furnish appropriate information for such purposes. 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 revenues to defray the costs of operating the City government, providing governmental services, and for any other public purposes as determined by the Council in its discretion. The Council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City is hereby exempted from the provisions of Georgia Code section 92-4101 through 92-4104 inclusive. Section 6.13. 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 payments 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 use of any other available legal processes and remedies. The Council shall be authorized to impose an interest penalty upon delinquent taxes and payments to the City in an amount not to exceed eleven percent (11%). A lien shall exist against all property upon

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which City property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens, except for equal dignity with those of county, State or federal taxes. In cases of hardship, the Council shall have the discretionary authority to waive any and all penalties imposed by this Charter on delinquent taxes, fees, assessments, or on other amounts due the City. Section 6.15. Licenses, Occupational Taxes, Excise Taxes. The Council, by ordinance, shall have full power to levy such license and specific or occupational taxes upon the residences of the City, both individually or corporate, and on all those who transact or offer to transact business therein, as the Council may deem expedient for the public health, safety, benefit, convenience, or advantage of the City, to classify businesses, occupations, professions or callings for such purpose of taxation in any way which may be lawful; to require such persons to procure such 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 laws of the State. Section 6.16. Sewer Service Charges. The Council may, after enacting enabling ordinances, 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, to provide costs and expense of providing collection and disposal of sewerage through sewerage facilities of said City. If unpaid, said sewer charge shall constitute a lien against any property or persons served, which lien shall be second in priority only to liens for City, County, State and Federal 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 Service Charge. The Council may have authority by ordinance to provide for, to enforce, to levy and to collect the costs of sanitary and health services necessary in the operation of the City from

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all individuals, firms, and corporations residing in or doing business in said City benefiting from such service. Such authority will include the power to levy, assess, 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 sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except 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 6.18. Special Assessments. The Council shall have power and authority to assess all or part of the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, water systems, gas systems, power systems, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates, shall be thereupon subject, in addition to fi. fa. charges, to a penalty of ten (10) percent and shall be thereafter subject to interest at a rate of eight (8) 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 shall be enforceable in the same manner and under the same remedies as a lien for City property taxes. Section 6.19. Transfer of Execution. 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 the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas., provided that upon levy of execution and sale of property pursuant to such tax fi. fa. whether assigned,

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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 right to issue general obligation bonds for the purpose of raising revenue to carry out any project, program or venture authorized under the 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 may be amended or by any other Georgia law as now or may be hereafter provided. Section 6.22. Short-Term Notes. Pursuant to applicable State law, the City may obtain temporary loans between January 1 and December 31 of each year. Section 6.30. Fiscal Year. The Council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financing, accounting and reporting of each and every office, department, institution, agency, and activity of City government, unless otherwise provided by State or federal law. Section 6.31. Preparation of Budget. The Council shall provide by ordinance the procedure and requirements for the preparation and execution of an annual budget including requirements as to scope, content, and form of such budget. Section 6.32. Submission of the Budget to Council. On or before the date fixed by the Council, the City Clerk or City Manager, if such office is later adopted by ordinance, shall submit to the Council a proposed budget for the ensuing

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year. The budget shall be accompanied by a statement of the general fiscal policies of the City, a general summary of the budget prepared by a certified public accountant. The budget 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 budget proposed by the City Clerk; 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 funds shall not exceed the estimated fund balance, reserves and revenues, constituting a fund availability of such fund. (b) The Council shall adopt the final budget for the ensuing year not later than the last day of the old fiscal year. If the Council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the Council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable unless authorized by the Council. (d) The Council shall be authorized to establish a tax millage rate each year after the submission of the budget to the Council to ensure that the necessary revenue will be available to meet the appropriations provided for in the budget. The tax millage rate levied by the Council shall not exceed the millage set by the General Assembly of Georgia

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to cover general operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness. Section 6.34. Property Tax Levies. As the next order of business following adoption of the budget, the Council shall levy by ordinance an annual tax on all real and personal property within the City. 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, funds balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual budget for defraying the expenses of the general government of the City. Section 6.35. Additional Appropriations. The Council may make appropriations in addition to those contained in the current budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.40. Procurement and Property Management; Contracting Procedures. All contracts shall be made or authorized by the Council, and no contracts shall bind the City unless reduced to writing and approved by the Council. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the City Attorney or shall be submitted to him before authorization by the Council. Section 6.41. Centralized Purchasing. (a) The Council shall, by ordinance, prescribe procedures for a system of centralized purchasing for the City. (b) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes, at a public or private sale, with or without advertisement, for such consideration as it shall deem equitable and just for the city. (c) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by

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the City Manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the City Manager to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Municipal Services; Streets. The Council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of the City. 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

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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. Section 7.12. Sewers and Drains. The Council shall have the power and authority to provide for the establishment, extension, and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the City is granted the power of eminent domain both within and without its corporate limits. The Council may provide by ordinances for reasonable connection fees for tapping on to the water and sewer lines of said City, and may compel citizens to tap into the same when such services are made available. They may cause said connection to be made when the owners refuse, and issue executions to be made for the amount so expended, which execution shall create a lien on the property connected with said water and sewerage systems from the date of the order or connection. Section 7.13. Rights-of-Way. The City shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains for waterworks and sewerage system purposes along the highways in the County of Carroll 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. Eminent Domain. The Council is hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewerage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational,

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recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other applicable Georgia law. Section 7.20 Power to Regulate and License. The Council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City regardless whether or not the subject has an office or establishment within said City. The Council shall have authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the City and for the purpose of raising revenue for the operation of the City government through the imposition of a tax or fee on the privilege of operating within the City. This authority extends over individuals, partnerships, associations, corporations, and their agents, and any other legal entity capable of transacting business. Section 7.21. Franchises. The Council shall have authority to exercise control over the use of streets of the City. 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. The Council shal provide for the registration of all francises with the City Clerk in the registration book to be kept by him.

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The Council may provide, by ordinance, for the registration within a reasonable time of all franchises previously granted. Section 7.22. Building, Housing, Electrical, and Plumbing Regulations. The Council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expendient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the Council, be exercised by adoption of any such standard building, housing, gas, heating and air-conditioning, electrical and plumbing codes as may be deemed appropriate. The Council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees of inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical or plumbing work. The Council may enact all ordinances necessary to enforce such rules and regulations. ARTICLE VIII GENERAL PROVISIONS Section 8.10. 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 City Council may from time to time require. Section 8.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended by the Council. Existing rules and regulations of departments or agencies of the City of Whitesburg not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended.

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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. Gender. The use of masculine nouns in this Charter are for uniformity only and in no way are to be interpreted as discrimination against the feminine sex. Section 8.14. Penalties. The violation of any provisions of this Charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed thirty (30) days or both such fine and imprisonment. Section 8.15. Existing Governing Authority. The provisions of this Act shall not affect the terms of office of the Mayor and Councilmen who are in office on the effective date of this Act, and such Mayor and Councilmen shall continue in office until the expiration of their respective terms of office and until the election of their successors as provided for herein. Section 8.16. Specific Repealer. An Act incorporating the Mayor and Council of the Town of Whitesburg in the County of Carroll, approved December 15, 1894 (Ga. L. 1894, p. 196), as amended, is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 8.17. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts of this Charter are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter, that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other.

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Section 8.18. Effective Date. This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Section 8.19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia, a bill to provide for a new charter for the Mayor and City Council of the Town of Whitesburg, Georgia and for other purposes. This 5th day of January, 1977. Gerald L. Johnson Representative District 66, Post 1 Tom Glanton Representative District 66, Post 2 J. Ebb Duncan Senate District 30 Charles Henry Lumpkin, Jr. City Attorney Town of Whitesburg, Georgia 106 S. White Street Carrollton, Georgia 30117 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

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organ for Carroll County. The following dates, to-wit: January 13, 20, 27, 1977. Sworn to on the 31st day of January, 1977. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 31st day of January, 1977. /s/ Carolyn Sullivan Notary Public (Seal). Approved March 23, 1977. CORONER'S FEE CHANGED IN CERTAIN COUNTIES (33,600-34,500). No. 635 (Senate Bill No. 283). An Act to change the fee of the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisition; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any other provision of law to the contrary notwithstanding, the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, shall receive a fee of $35 for summoning an inquest on a dead body and returning an inquisition. Section 2. This Act shall become effective on the first

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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 30, 1977. COBB COUNTYJUSTICE OF THE PEACE EMERITUS CREATED. No. 658 (House Bill No. 443). An Act to provide that in all counties in the State of Georgia having a population of not less than 190,000 nor more than 300,000 according to the United States Decennial Census of 1970 or any future such census, the office of Justice of the Peace Emeritus shall be created; to define the jurisdiction and powers of such Justice of the Peace Emeritus; to provide for the qualifications, duties, powers and compensation of such officer; to provide for other matters relative thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties in the State of Georgia having a population of not less than 190,000 nor more than 300,000 according to the United States Decennial Census of 1970 or any future such census, there is hereby created the office of Justice of the Peace Emeritus as hereinafter provided. Any elected Justice of the Peace of any such county who held office on January 1, 1975, who had been commissioned for such office for at least three consecutive terms, and who had served as either President or Vice President of a Justice of the Peace and Constable's State Association, and who is known to have worked for judicial justice in the State of Georgia, shall be appointed Justice of the Peace Emeritus.

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Section 2. The authority of any such Justice of the Peace Emeritus shall be limited to the following: (a) To officiate at and perform marriage upon duly authorized marriage license from any county of the State of Georgia and to perform any such marriages in any county of the State of Georgia. (b) To administer oaths. (c) To attest the executions of written documents. (d) To issue warrants returnable to the proper court, and other legal documents as required of a Justice of the Peace. (e) To hold a court of inquiry when requested to do so. (f) To render advice and counsel to any Justice of the Peace or Notary Public ex officio Justice of the Peace in the county wherein such Justice of the Peace Emeritus was commissioned as a Justice of the Peace or Notary Public ex officio Justice of the Peace. (g) To serve as Justice of the Peace or Notary Public ex officio Justice of the Peace in any militia district in the county wherein such Justice of the Peace Emeritus has been commissioned as a Justice of the Peace or Notary Public ex officio Justice of the Peace when directed by the Governor to do so. (h) To have and use a seal. (i) To certify acts performed by him. (j) To certify all papers, certificates and documents issued by him as authorized in this section. (k) To charge fees for the performance of any duty or act authorized by this section in the same amount as are provided by law for Justices of the Peace and Notaries Public of the State.

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Section 3. The Governor shall be authorized to issue appropriate commissions to any Justice of the Peace covered by this Act, appointed Justice of the Peace Emeritus. Section 4. Each Justice of the Peace Emeritus appointed pursuant to the provisions of this Act shall keep and maintain a docket of all causes brought before him and acts performed by him in the same manner as a Justice of the Peace. Said dockets shall be furnished by the authority required to furnish dockets for Justices of the Peace of any such county. Section 5. A Justice of the Peace Emeritus appointed pursuant to this Act shall hold office during good behavior and upon his not being found acting in a malpractice manner. Section 6. There shall be no compensation for any Justice of the Peace Emeritus appointed pursuant to this Act, except the fees authorized for any Justice of the Peace or ex officio Justice of the Peace as provided by law. Section 7. A Justice of the Peace Emeritus appointed pursuant to this Act shall have the same authority as any other Justice of the Peace or ex officio Justice of the Peace and compensation shall be paid in a like manner as provided by law. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. SMALL CLAIMS COURTS IN CERTAIN COUNTIESJURISDICTION CHANGED. No. 661 (House Bill No. 538). 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

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10, 1971 (Ga. L. 1971, p. 3277), so as to change the jurisdiction 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 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 striking from section 1 the following: five hundred ($500.00) dollars, and inserting in lieu thereof the following: seven hundred and fifty dollars ($750.00), so that when so amended, section 1 shall read as follows: Section 1. There is hereby created and established in each county in this State having a population of not less than 13,635 and not more than 14,765, according to the United States Decennial Census of 1970, or any future such census, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed seven hundred and fifty dollars ($750.00), said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted including like powers granted to justices of the peace by the laws of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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SPALDING COUNTYCOMPENSATION OF CERTAIN OFFICERS CHANGED. No. 662 (House Bill No. 553). An Act to amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. L. 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2210), and by an Act approved April 10, 1971 (Ga. L. 1971, p. 3985), so as to change the compensation of the Clerk of the Superior Court of Spalding County, including compensation for his services as Clerk for the State Court of Spalding County; to change the compensation of the Sheriff of Spalding County, including compensation for his services as Sheriff of the State Court of Spalding County; to change the compensation of the Judge of the Probate Court of Spalding County; 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 abolishing the fee system as the mode of compensation of certain county officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. L. 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2210), and by an Act approved April 10, 1971 (Ga. L. 1971, p. 3985), is hereby amended by striking section 2 of said Act in its entirety and substituting in lieu thereof a new section 2, which shall read as follows: Section 2. (a) From and after the first day of the month following the month in which the 1977 amendment of this Act shall become effective, the Clerk of the Superior Court of Spalding County, including his services as Clerk (or ex officio Clerk) of the State Court of Spalding County, shall be paid a salary at the rate of $15,840.00 per annum. Superior Court clerk.

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(b) From and after the first day of the month following the month in which the 1977 amendment of this Act shall become effective, the Sheriff of Spalding County, including his services as Sheriff of the State Court of Spalding County, shall be paid a salary at the rate of $18,000.00 per annum. Sheriff. (c) Said salaries or compensation of each of the two aforesaid officers shall be apportioned and payable for the remainder of the current year 1977 at said respective annual rates and shall be payable for all subsequent years at said respective annual rates. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3, which shall read as follows: Section 3. (a) From and after the first day of the month following the month in which the 1977 amendment of this shall become effective, the Judge of the Probate Court of Spalding County, formerly known and designated as the `Ordinary of Spalding County' shall be paid a salary of $15,200.00 per annum. Probate judge. (b) Said salary or compensation shall be apportioned and payable for the remainder of the current year 1977 at said respective annual rate and shall be payable for all subsequent years at said annual rate. Section 3. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4, to read as follows: Section 4. In addition to the salary provided for herein for the Clerk of the Superior Court, Sheriff and Judge of the Probate Court, each of said officials shall be entitled to an annual sum of $150.00 for each four-year term or part of such term which he has completed. Longevity. 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 1977 session of the General Assembly of Georgia a bill to change the compensation of the Sheriff of Spalding County, the Judge of the Probate Court of Spalding County, and the Clerk of the Superior Court of Spalding County and Ex-Officio Clerk of the State Court of Spalding County; to repeal conflicting laws and for other purposes. This the 7th day of December, 1976. Maureen C. Jackson as Clerk of Spalding County Commissioners Georgia, Spalding County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr. who, on oath, deposes and says that he is the Publisher of the Griffin Daily News, 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 said County, on the following dates: December 24th, 31st and January 7, 1977. Sworn to and subscribed before me, this the 7th day of January, 1977. /s/ Quimby Melton, Jr. Affiant /s/ Joan Jones Notary Public, Spalding County, Ga. Approved March 30, 1977.

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ALBANY-DOUGHERTY INNER CITY AUTHORITY. No. 663 (House Bill No. 573). An Act to create the Albany-Dougherty Inner City Authority; to establish said Authority as a public body corporate and politic and as an instrumentality of the State of Georgia; to provide for the membership of the Authority and the terms of its members; to authorize the Authority to exercise certain powers including the right and authority to acquire, construct, improve, alter, repair and maintain properties within Dougherty County, Georgia, for the purpose of providing improvements for the public good of urban, central city and downtown areas located therein, including the right and authority to acquire, construct, add to, extend, improve, equip, maintain and operate parking lots, parking garages, parking decks and other parking structures and facilities useful or desirable in connection therewith; to impose duties on the Authority; to authorize the Authority to execute leases and contracts with any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the Authority to incur debt by promissory notes or the issuance of revenue bonds of the Authority and to provide for the collection of revenues, rents and earnings by the Authority for the amortization and payment of such revenue bonds or other debts incurred by said Authority and the pledging of said revenues or other funds for such purposes; to authorize the execution of contracts, trust instruments, deeds to secure debt and the encumbrancing of the Authority's property to secure the payment of bonds, debts or other evidence of indebtedness; to provide rights for the holders of bonds or other debts of the Authority; to provide that the debts of the Authority shall not constitute debts of the State or of any political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon and all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of bonds of the Authority and the

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security therefor; to provide for the severability of the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation of Authority. There is hereby created a public body corporate and politic to be known as the Albany-Dougherty Inner City Authority which shall be an instrumentality and a public corporation of the State of Georgia. By that name, style, and title said Authority may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defned in all courts of law and equity. Section 2. Definitions. As used in this Act, the following words and terms shall have the meaning set forth herein-below: (a) The term Authority means the Authority created by this Act. (b) The term member means a member of the Authority established by this Act. (c) The term project means any undertaking of the Authority in connection with the redevelopment or revitalization of urban, central city or downtown areas within the project areas, and shall be deemed to mean and include, but not limited to, the acquisition, construction, equipping, maintenance, and operation of parking lots, parking garages, parking decks, parking structures or similar undertakings and all facilities useful or desirable in connection with such undertakings, extensions and improvements of such facilities, and the acquisition of the necessary property therefor, both real and personal, in order to alleviate traffic congestion in the project areas and thereby better protect the lives and property of residents of the same and others using streets and roads therein, all of which will accomplish the essential public purpose for which said Authority is created hereunder.

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(d) The term project areas means those urban, central city or downtown areas within Dougherty County, Georgia, selected by the Authority for redevelopment or improvement pursuant to the authorization and provisions set forth in this Act. (e) The term cost of the project shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the cost of the project or projects and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project for projects. Section 3. Purposes of Authority. (a) It is hereby determined, declared and established that the creation of the Authority and the implementation of the corporate purposes set forth in this Act is in all respects for the benefit of the people of this State and that the Authority is an institution of purely public charity and it is further declared that the revitalization and redevelopment of the project areas is a proper public purpose and this Act is adopted for the purpose of promoting and expanding for the public good and welfare the public facilities of said areas including the construction of streets, roadways, parks, malls, and transportation systems, and for the purpose of acquiring, constructing, adding to, extending, improving, equipping,

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maintaining and operating parking lots, parking garages, parking decks and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development, revitalization, modernization, and operation thereof. (b) It is further bound, determined, and declared that all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the general public welfare in matters of cultural development, education, pleasure, convenience and recreation of the public at large, in an effort to better the general condition of society, or that considerable part of society residing in Dougherty County, Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes. Section 4. Composition and Organization of Authority. (a) The Authority shall consist of seven (7) members and two (2) ex officio members who shall be eligible to succeed themselves and whose terms of office shall continue for a period of two (2) years from the date of their appointment and until their successors have been appointed and have accepted. The ex officio members shall be the Mayor of the City of Albany and the Chairman of the Board of Commissioners of Dougherty County, Georgia. (b) The Board of Commissioners of the City of Albany

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shall initially appoint two (2) members of the Authority for terms of three (3) years each, and one (1) member for a term of two (2) years, and thereafter shall fill all vacancies as the result of the expiration of the terms of said members, or when their office is otherwise vacated. The Board of Commissioners of Dougherty County, Georgia, shall initially appoint two (2) members of the Authority for terms of three (3) years each, and one (1) member for a term of two (2) years, and thereafter shall fill all vacancies as the result of the expiration of the terms of said members, or when their office is otherwise vacated. The six (6) members thus appointed shall elect the seventh member, whose term shall be for three (3) years. (c) The members of the Authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. (d) The Authority shall elect one of its members as Chairman and one as Vice-Chairman, and shall elect a Secretary-Treasurer who may but need not necessarily hold membership on the Authority. (e) Five members of the Authority shall constitute a quorum, and 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 at every meeting, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. (f) The members of the Authority shall not be entitled to compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. Each member of the Authority shall hold office until his successor shall have been elected. The Authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, and experts and other agents and employees, temporary or permanent, as it may require. The members of the Authority shall be accountable in all respects as trustees, and the

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Authority shall keep suitable books and records of all its obligations, contracts, transactions and undertakings, and of all income and receipts of every nature and all expenditures of every kind. Section 5. Powers of the Authority. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions set forth in this Act, including, but without limiting the generality of the foregoing, the power: (a) To sue and be sued; (b) To adopt and amend a corporate seal; (c) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with private legal entities and others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and such political subdivision shall have and hereby is given the right and power to make such contracts, and the rentals contracted to be paid by the lessee or tenants to the Authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of the political subdivision for the payment of which the full faith and credit of such political subdivision shall be and the same hereby is pledged to provide the funds required to fulfill all obligations arising under any such contract; and any such political subdivision which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full, and such revenues

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shall be and hereby are unconditionally obligated to the payment of such sums. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made; and said political subdivision be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of said political subdivison and any other available funds thereof, and to obligate said political subdivision to make payment thereof to the Authority upon such terms as may be provided in any such contract entered into by and between the Authority and said political subdivision, in order to enable the Authority to pay the principal of and interest on any of its bonds as the same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property so furnished by said Authority; (d) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (e) To accept loans and/or grants of money or materials

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or property of any kind from the United States of America, the State of Georgia, or any agency, instrumentality or political subdivision thereof, upon such terms and conditions as the United States of America, the State of Georgia, or such agency, instrumentality, or political subdivision may require; (f) To receive and administer gifts, grants, and devises of any property and to administer trusts; (g) To acquire by purchase, gift or donation any real or personal property desired to be acquired as a part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof; (h) To sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (i) To mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority; (j) To issue revenue obligations for the purpose of providing funds for carrying out the purpose of the Authority, and to provide for the payment of the same and for the rights of the holders thereof; (k) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties; (l) To acquire by purchase, gift or lease any property owned by a political subdivision which has been acquired or demaged through the exercise of the right of eminent domain by said political subdivision; (m) To construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land

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owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use; (n) To borrow money and to issue notes or revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law of the State of Georgia (Chapter 87-8 Annotated Code of Georgia) as heretofore or hereafter amended. As security for the payment of any revenue bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and said Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia on behalf of the State and each county, municipal corporation, political subdivision and taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision of taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (o) To make or cause to be made studies and analyses of economic changes taking place in project areas and of the impact of metropolitan growth upon those areas; (p) To prepare a plan or plans for the development and redevelopment of such project areas; such plan or plans

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may be coordinated with governmental planning boards and agencies but the Authority shall have the ultimate responsibility for preparation of such plan or plans; (q) To implement any general plan of development in the project areas which have been approved by the political subdivision in which said development is located; (r) To have and to exercise any and all of the usual powers of private and public corporations which are not in conflict with the Constitution and the laws of the State of Georgia, including the power to adopt and amend bylaws and regulations for the conduct and management of the Authority; (s) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (t) To designate officers to sign and act for the Authority generally or in any specific matter; (u) To do any and all acts and things necessary or convenient to accomplish or to complement the purpose and powers of the Authority as herein stated. Section 6. Revenue Bonds. (a) The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such bond issue. The bond of each issue shall be dated,

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shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. (b) The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (c) All such bonds shall be executed with the engraved, imprinted, stamped, or otherwise reproduced facsimile of the signature of the Chairman of the Authority and the corporate seal of the Authority shall be thereunto impressed or a facsimile thereof imprinted or otherwise reproduced and attested by the manually executed signature of the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of said Secretary-Treasurer. In case any officer whose signature shall appear on the bonds or coupons shall cease to be such officer before delivery of such bonds, such signature shall, nevertheless, be valid and sufficient for all purposes the same as if he had remained in office until delivery, and such bonds may, nevertheless, be issued and delivered as though the person who signed or sealed such bonds had not ceased to be such officer, and any of such bonds may be executed and sealed on behalf of said Authority by such officers who may, at the time of the execution of such bonds, hold the proper offices of said Authority although on the date of such bonds or on the date of any lawful proceedings

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taken in connection therewith such persons may not have held such offices. (d) All revenue bonds issued under the provisions of this Act shall be and are hereby declared to be negotiable under the laws of the State of Georgia, subject to provisions for registration. (e) The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. (f) Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. (g) The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost. (h) Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified required hereunder. Any resolution providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority. (i) Revenue Bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the State of Georgia or any political subdivision thereof which may contract with said Authority. No contracts entered into by the Authority with any such political subdivision shall create a debt of such political subdivision of the State of

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Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such political subdivision may obligate itself to pay the payments required under such contracts, as herein set out, from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia. (j) In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or of the United States to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.

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In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 7. To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provided. Section 8. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may

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otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 9. Remedies of Bondholders. Any holders of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting or revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 10. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 11. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought

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in the Superior Court of Dougherty County, Georgia, and and action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 12. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of the State of Georgia, as heretofore or hereafter amended. The petition for validation shall also make a party defendant to such action any political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such political subdivision or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority. Section 13. Interest of Bondholders Protected. The Authority shall have perpetual existence, and, while any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. Section 14. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue

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bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 15. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 16. Property Not Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Section 17. Construction. This Act and all provisions, rights, powers and authority granted hereunder, being for the welfare of the State and its inhabitants, shall be liberally construed for the accomplishment of its purposes.

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Section 18. Powers Declared Supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. Section 19. Severability. The provisions of this Act are severable, and if any of its provisions shall be held un-constitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Section 20. Effective Date. This Act shall be effective immediately upon approval by the Governor or upon its becoming law without his approval, without regard to the provisions of Ga. L. 1958, p. 1364, as amended, codified in Ga. Code Ann. section 102-111. Section 21. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1977 session of the General Assembly of Georgia a bill to create the Albany-Dougherty Inner City Authority; to provide for powers and duties of such Authority; to provide for financing authorized undertakings by the issuance of revenue bonds and otherwise to authorize the Authority to own, operate, maintain, sell and lease property and facilities; to contract; to sue and be sued; to borrow money and pledge its assets; to collect and disburse money; to own and operate

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parking facilities; to provide for urban development; and to do all things necessary or incident thereto; to have all rights and privileges of a corporation generally, and to be a body politic and an instrumentality and public corporation of the State of Georgia; and for other purposes. James V. Davis City Attorney 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: December 29, 1976 and January 5, 12, 1977. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 1st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. SPALDING COUNTYCORONER'S SALARY CHANGED. No. 668 (House Bill No. 650). An Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p.

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3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), and by an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), so as to change the compensation of the Coroner of Spalding County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), and by an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2, which shall read as follows: Section 2. From and after the first day of the month following the month in which the 1977 amendment of this Act shall become effective, the Coroner of Spalding County shall be paid a salary at the rate of Two Thousand Seventy-three and 60/100 Dollars ($2,073.60) per annum, which salary shall be apportioned and payable for the remainder of the current year 1977 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County, and said salary shall be payable in equal monthly installments, as accrued, on the last day of each month, which said salary shall be in full payment of all services rendered by said officer and said compensation shall be all inclusive and said officer shall not receive any other compensation for services performed as Coroner of Spalding County. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia

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a Bill to change the compensation of the Coroner of Spalding County; to repeal conflicting laws and for other purposes. 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: December 24, 31, 1976 and January 7, 1977. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 4th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. CORONERSSALARY ACT REPEALED IN CERTAIN COUNTIES. No. 669 (House Bill No. 651). An Act to repeal an Act fixing 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, approved March 18, 1976 (Ga. L. 1976, p. 3004); to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4241

Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing 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, approved March 18, 1976 (Ga. L. 1976, p. 3004), is hereby repealed in its entirety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. WAYNE COUNTYBOARD OF HOSPITAL AUTHORITY REESTABLISHED. No. 675 (House Bill No. 699). An Act to abolish and reestablish boards of hospital authorities in each county 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 for the composition of such authorities and to provide the method of appointment and terms of office of the members thereof; to specify when a vacany is created on such boards; to provide for other matters relative to the foregoing; to repeal an Act to change the composition and method of appointing members of the board of hospital authorities in such counties, approved March 24, 1976 (Ga. L. 1976, p. 3250); to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4242

Be it enacted by the General Assembly of Georgia: Section 1. The board of the hospital authority in each county 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 is hereby abolished. Section 2. (a) There is hereby created, 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, a board of the hospital authority to consist of 5 members appointed for terms of 2 years beginning with the date of their appointment. Members shall be eligible for reappointment. (b) Each member of the board of commissioners in each such county shall appoint a member of the board of the hospital authority and vacancies on the hospital authority board shall be filled by appointment by the successor of the member of the board of commissioners who made the initial appointment. Such initial appontments shall be made for the terms provided above, the term of a particular initial member to be determined by lot drawn by the member of the board of commissioners making the appointment. (c) Should any member of the board of a hospital authority in any such county miss 3 consecutive meetings, whether regular or special, of the board, the seat of such member shall automatically become vacant as of the adjournment of the third such meeting and a new member shall be appointed as provided in this section to fill the remainder of the unexpired term. Section 3. An Act to change the composition and method of appointing members of the board of hospital authorities in counties of the 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, approved March 24, 1976 (Ga. L. 1976, p. 3250), is hereby repealed in its entirety.

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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. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. FAYETTE COUNTYSMALL CLAIMS COURT CREATED. No. 676 (House Bill No. 728). An Act to create and establish a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, 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 a jury and the number of jurors; to provide for the service of process of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide for 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 all procedures, requirements and other matters connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

Page 4244

Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County, which court shall have civil jurisdiction in cases in law in which the demand or value of the property involved does not exceed $1,500.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) Any person elected as a judge of the Small Claims Court created by this Act must, at the time of his taking office, be a resident of Fayette County, at least twenty-five years of age, and of good moral character. In addition to the foregoing qualifications, any person elected judge of such Small Claims Court shall have been licensed to practice law in the courts of Fayette County for at least three years prior to taking office as judge of said Court. Any person so elected shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established in Fayette County. Judge. (b) All other officers appointed to or employed by said court, as now or hereafter provided, must be at least twenty-one years of age and must be residents of Fayette County. Section 3. The first Judge of said Small Claims Court shall be elected at the general election held in 1978 and shall take office on the first day of January, 1979, for a term of two years and until his successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. The qualified voters of Fayette County shall be eligible to vote in such elections,

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and the Judge of said Small Claims Court shall be elected by a majority vote of said qualified electors voting at the elections provided for herein. The elections provided for herein shall be held and conducted in accordance with the provisions of Ga. Code Title 34, known as the Georgia Election Code, as now or hereafter amended, in the same manner as elections for county officers. Terms of office. Section 4. 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 Fayette 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. Disability. Section 5. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk or as deputy clerk, said clerk or deputy clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 6. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Proceedings. Section 7. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (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. Said service shall be made by any official or person authorized

Page 4246

by law to serve process in the superior court or by a duly qualified bailiff of said Small Claims Court; 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; or in any manner as may now or hereafter be prescribed by the pertinent laws of Georgia providing for service on defendants in the superior courts of Georgia. (c) 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. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. When the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than thirty days from the date of the service of said notice. Section 8. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 9. (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 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

Page 4247

same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed in the discretion of the Court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $7.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding. Section 10. (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

Page 4248

to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution or make any other just and proper disposition thereof, as justice may require. Section 11. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or the 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 12. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power 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. Satisfaction of judgments. Section 13. 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, and any such expense shall not constitute a cost to the judgment debtor. Section 14. The judge of the Superior Court presiding in Fayette County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the

Page 4249

purposes of this Act and shall have power to prescribe, modify and improve, from time to time, the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 15. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiff. Section 16. Jury trial may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of costs incurred by reason of the jury trial. Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and the defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trials. Section 17. 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

Page 4250

said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 18. 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 19. 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 Fayette County

Page 4251

Page 4252

Section 20. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Fayette County are hereby validated. Section 21. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Section 22. 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, and also designate the times when attachments and executions are returnable. Garnishment proceedings shall be in accordance with the provisions of Georgia Code Title 46, relating to garnishment, as now or hereafter amended. Section 23. A summons of garnishment shall be served on the garnishee and on the judgment debtor or defendant in accordance with the provisions of Georgia Code Title 46, relating to garnishment, as now or hereafter amended. Section 24. The Judge of the Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines shall be paid into the county treasury or depository for county purposes. Fines.

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Section 25. The fee of bailiff for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court Judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount with a minimum of three dollars. Section 26. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 27. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia a Bill to create a Small Claims Court for Fayette County; to repeal conflicting laws and for other purposes. This is the 19th day of January, 1977. John R. Carlisle District 71, Post 1 John L. Mostiler District 71, Post 2 Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton who, on oath, deposes and says that he is publisher of the Fayette

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County News, 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 said county, on the following dates: January 19, January 26, and February 2. /s/ Quimby Melton Affiant Sworn to and subscribed before me, this the 28th day of January, 1977. /s/ Helen S. Teague Notary Public, Fayette County, Ga. (Seal). Approved March 30, 1977. SPALDING COUNTYSALARY ACT REPEALED. No. 680 (House Bill No. 877). An Act to repeal 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, approved March 18, 1976 (Ga. L. 1976, p. 3003); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to 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, approved March 18, 1976 (Ga. L. 1976, p. 3003), is hereby repealed in its entitrey.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. RICHMOND COUNTYDISTRICT ATTORNEY'S PERSONNEL. No. 681 (House Bill No. 879). An Act to amend an Act relating to the appointment of certain assistant solicitors-general (now district attorneys), investigators and stenographer-clerks in all counties of this State having a population of not less than 135,000 and not more than 140,000, according to the United States Census of 1960 or any future such census, approved April 12, 1963 (Ga. L. 1963, p. 3547), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2640), so as to change the number of assistant district attorneys, investigators and stenographer-clerks authorized in such counties; to change certain compensation; to delete certain authorizations relative to chief investigators; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the appointment of certain assistant solicitors-general (now district attorneys), investigators and stenographer-clerks in all counties of this State having a population of not less than 135,000 and not more than 140,000, according to the United States Census of 1960 or any future such census, approved April 12, 1963 (Ga. L. 1963, p. 3547), as amended, particularly by an Act

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approved March 21, 1974 (Ga. L. 1974, p. 2640), is hereby amended by striking section 1 in its entirety, which reads as follows: Section 1. In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970 or any future such census, the district attorney may appoint for his office an assistant district attorney, a chief investigator, one investigator and five stenographer-clerks., and inserting in lieu thereof a new section 1, to read as follows: Section 1. In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States Decennial Census of 1970 or any future such census, the district attorney may appoint for his office two assistant district attorneys, two investigators and seven stenographer-clerks. Personnel. Section 2. Said Act is further amended by striking section 2 in its entirety, which reads as follows: Section 2. The assistant district attorney, the chief investigator, the investigator, and the five stenographer-clerks shall be subject to removal by the district attorney for misconduct in office or other sufficient cause, or when their services are no longer required., and inserting in lieu thereof a new section 2, to read as follows: Section 2. The assistant district attorneys, the investigators, and the seven stenographer-clerks shall be subject to removal by the district attorney for misconduct in office or other sufficient cause, or when their services are no longer required. Removal. Section 3. Said Act is further amended by striking section 3 in its entirety, which reads as follows: Section 3. The assistant district attorney, after receiving his appointment but before assuming the duties of

Page 4257

office, shall take the same oath of office as is prescribed for the district attorney of the various circuits of this State. The assistant district attorney shall have such authority as may be delegated to him by the district attorney under whom he holds his appointment, and, when acting on behalf of the district attorney, he shall have the authority and power, as well as the duties of the district attorney in the courts of the circuit of his appointment. The assistant district attorney, while drawing the salary provided hereinafter, shall not engage in the private practice of law., and inserting in lieu thereof a new section 3, to read as follows: Section 3. Each assistant district attorney, after receiving his appointment but before assuming the duties of office, shall take the same oath of office as is prescribed for the district attorney of the various circuits of this State. Each assistant district attorney shall have such authority as may be delegated to him by the district attorney under whom he holds his appointment, and, when acting on behalf of the district attorney, he shall have the authority and power, as well as the duties of the district attorney in the courts of the circuit of his appointment. Each assistant district attorney, while drawing the salary provided hereinafter, shall not engage in the private practice of law. Duties. Section 4. Said Act is further amended by striking section 4 in its entirety, which reads as follows: Section 4. The assistant district attorney shall receive as compensation for his services a salary not to exceed one thousand dollars ($1,000.00) per month payable out of the county treasury of the county of said assistant district attorney's appointment, and he shall be entitled to be paid out of the county treasury of such county the sum of fifty dollars ($50,000) per month for car allowance so long as he uses his car in connection with his office., and inserting in lieu thereof a new section 4 to read as follows: Section 4. Each assistant district attorney shall receive as compensation for his services a salary not to exceed two

Page 4258

thousand dollars ($2,000.00) per month payable out of the county treasury of the county of said assistant district attorney's appointment, and he shall be entitled to be paid out of the county treasury of such county the sum of fifty dollars ($50.00) per month for car allowance so long as he uses his car in connection with his office. Assistant D.A.-Salary. Section 5. Said Act is further amended by striking section 6 in its entirety, which reads as follows: Section 6. The duties of the chief investigator and the investigator shall be to assist in the investigation preparation and trial of all criminal cases, and they shall have the authority to make arrests, serve warrants, subpoenas and the same authority that any other peace officer of the State of Georgia now has or may hereafter be authorized., and inserting in lieu thereof a new section 6, to read as follows: Section 6. The duties of the investigators shall be to assist in the investigation, preparation and trial of all criminal cases, and they shall have the authority to make arrests, serve warrants, subpoenas and the same authority that any other peace officer of the State of Georgia now has or may hereafter be authorized. Investigators. Section 6. Said Act is further amended by striking in its entirety section 6A, which reads as follows: Section 6A. The chief investigator shall receive as compensation for his services a salary not to exceed eight hundred dollars ($800.00) per month payable out of the county treasury of the county of said chief investigator's appointment, and he shall be entitled to be paid out of the county treasury of such county the sum of fifty dollars ($50.00) per month for a car allowance so long as he uses the car in connection with his office. Section 7. Said Act is further amended by striking section 7 in its entirety, which reads as follows: Section 7. The investigator shall receive as compensation

Page 4259

for his services a salary not to exceed seven hundred dollars ($700.00) per month payable out of the county treasury of the county of said investigator's appointment, and he shall be entitled to be paid out of the county treasury of such county the sum of fifty dollars ($50.00) per month for a car allowance so long as he uses his car in connection with his office., and inserting in lieu thereof a new section 7, to read as follows: Section 7. Each investigator shall receive as compensation for his services a salary not to exceed one thousand dollars ($1,000.00) per month or an amount not to exceed the salary of the chief investigator in the sheriff's department of the county of said investigator's appointment, whichever is greater, payable out of the county treasury of the county of said investigator's appointment, and he shall be entitled to be paid out of the county treasury of such county the sum of one hundred dollars ($100.00) per month for a car allowance so long as he uses his car in connection with his office. Investigators' salary. Section 8. Said Act is further amended by striking section 8 in its entirety, which reads as follows: Section 8. The duties of the five stenographer-clerks shall be to assist in the investigation, preparation and trial of all criminal cases, to do clerical work in the office of the district attorney and perform such other duties in connection with the criminal and other business in said office as may be directed by the district attorney., and inserting in lieu thereof a new section 8, to read as follows: Section 8. The duties of the seven stenographer-clerks shall be to assist in the investigation, preparation and trial of all criminal cases, to do clerical work in the officer of the district attorney and perform such other duties in connection with the criminal and other business in said office as may be directed by the district attorney. Stenographer-clerk.

Page 4260

Section 9. Said Act is further amended by striking section 9 in its entirety, which reads as follows: Section 9. The said five clerks, one of whom shall be designated as chief clerk, shall be paid from the treasury of said counties as part of the court expenses of said counties, a salary for said chief clerk not to exceed five hundred twenty-five dollars ($525.00) per month; a salary for the second clerk not to exceed four hundred seventy-five dollars ($475.00) per month; a salary for the third clerk not to exceed four hundred sixty dollars ($460.00) per month; a salary for the fourth clerk not to exceed four hundred fifty dollars ($450.00) per month; and a salary for the fifth clerk not to exceed four hundred fifty dollars ($450.00) per month., and inserting in lieu thereof a new section 9, to read as follows: Section 9. The said seven clerks, one of whom shall be designated as chief clerk, shall be paid from the treasury of said counties as part of the court expenses of said counties. Each clerk shall be paid no less than five hundred ($500.00) per month and no more than nine hundred ($900.00) per month, in an amount to be fixed by the governing authority of the county of such clerks' appointment. Clerks' salary. Section 10. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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CITY OF FAYETTEVILLERECORDER'S COURT JURISDICTION CHANGED. No. 682 (House Bill No. 893). An Act to amend an Act reincorporating the City of Fayetteville in the County of Fayette, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3511), so as to change the provisions relative to the jurisdiction of the recorder's court 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 Fayetteville in the County of Fayette, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3511), is hereby amended by striking in section 6.03, the following: two hundred dollars ($200.00) for each offense; to imprison offenders for a period of not more than sixty (60) days for each offense; or at labor on the roads and streets or other public works of said city for not more than sixty (60) days for each offense, and substituting in lieu thereof, the following: one thousand dollars ($1,000.00) for each offense; to imprison offenders for a period of not more than twelve (12) months for each offense; or to labor on the roads and streets or other public works of said city for not more than twelve (12) months for each offense, so that when so amended, section 6.03 shall read as follows: Section 6.03. Jurisdiction. Be it further enacted, that the recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Fayetteville passed in accordance with this charter, to an amount not to exceed one thousand dollars ($1,000.00)

Page 4262

for each offense; to imprison offenders for a period of not more than twelve (12) months for each offense; or at labor on the roads and streets or other public works of said city for not more than twelve (12) months for each offense; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Fayetteville, which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction. The recorder's court shall also have concurrent jurisdiction with that of the justice of 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 Fayetteville. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders, police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 session of the General Assembly of Georgia a bill to amend the charter of Fayetteville, Georgia, to extend the maximum range of punishment on offenses tried in the City of Fayetteville Recorder's Court and to repeal conflicting laws and other purposes.

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The 12th day of January, 1977. Jan. 19, 26, Feb. 2. Georgia, Fayette County. This is to certify that this is a true and correct copy of the advertisement of Notice of Intention to Introduce Local Legislation re: an act or acts to amend the charter of Fayetteville, Georgia to extend the maximum range of punishment of offenses tried in the City of Fayetteville Recorder's Court and to repeal conflicting laws and other purposes, as shown in attached newspaper cutting, was published in the Fayette County News January 19, 26 and February 2, 1977. /s/ Quimby Melton, III, Publisher Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Louisa Melton Notary Public. (Seal). Approved March 30, 1977. CLERK'S SALARY SET IN CERTAIN COUNTIES. (2,000 OR LESS). No. 683 (House Bill No. 907). An Act to provide for the compensation of the county clerk in all counties of this State having a population of 2,000 or less, according to the United States Decennial Census of 1970 or any future such census; to provide for payment from county funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The county clerk in each county of the State having a population of 2,000 or less according to the United

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States Decennial Census of 1970 or any future such census shall receive compensation determined within the discretion of the governing authority of the county, such compensation to be in an amount not less than $1,200.00 per annum and not more than $3,000.00 per annum. The compensation of the county clerk shall be payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. FAYETTE COUNTY BOARD OF COMMISSIONERSTERMS AND TITLES. No. 684 (House Bill No. 911). An Act to amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), an Act approved March 31, 1965 (Ga. L. 1965, p. 3105), an Act approved April 6, 1967 (Ga. L. 1967, p. 2773), and an Act approved March 25, 1976 (Ga. L. 1976, p. 3398), so as to redesignate the members of the board elected from the county at large as the members from Road Districts No. 4 and No. 5; to provide that members of the board shall serve until their respective successors are elected and qualified; to provide for the continuation of the terms of current members of the board; to provide for the compensation of the members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. L. 1959,

Page 4265

p. 2431), an Act approved March 31, 1965 (Ga. L. 1965, p. 3105), an Act approved April 6, 1967 (Ga. L. 1967, p. 2773), and an Act approved March 25, 1976 (Ga. L. 1976, p. 3398), is hereby amended by striking section 2 in its entirety, which reads as follows: Section 2. For the purposes of electing the members of the board, Fayette County is hereby divided into three road districts. Road District No. 1 shall be composed of the following militia districts: Fayetteville District No. 496, Europe District No. 1262, and Black Rock District No. 709. Road District No. 2 shall be composed of the following militia districts: Shakerag District No. 624, Hopeful District No. 1248, and Rareover District No. 549. Road District No. 3 shall be composed of the following militia districts: Brooks District No. 1293, Starrs Mill District No. 495, and Woolsey District No. 538. Districts created. One member from each of the three road districts shall be elected by the voters of the entire county and any person offering as a candidate to represent a road district must reside within the territorial limits of the road district from which he offered. The members of the said board shall be elected at the same time the county officers for said county are elected and shall hold office for a term of four years, the first term beginning January 1, 1961. 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.,

Page 4266

and substituting in lieu thereof a new section 2, to read as follows: Section 2. For the purposes of electing the members of the board, Fayette County is hereby divided into five road districts. Road District No. 1 shall be composed of the following militia districts: Fayetteville District No. 496, Europe District No. 1262, and Black Rock District No. 709. Road District No. 2 shall be composed of the following militia districts: Shakerag District No. 624, Hopeful District No. 1248, and Rareover District No. 549. Road District No. 3 shall be composed of the following militia districts: Brooks District No. 1293, Starrs Mill District No. 495, and Woolsey District No. 538. Road District No. 4 shall consist of the entire county. Road District No. 5 shall consist of the entire county. Districts. One member from each of the five road districts shall be elected by the voters of the entire county and any person offering as a candidate to represent a road district must reside within the territorial limits of the road district from which he offered. The members of the said board shall be elected at the same time the county officers for said county are elected and shall hold office for a term of four years, and until their respective successors are elected and qualified. The board shall designate one of the members of the board elected from the county at large in the general election in November 1976 as the member from Road District No. 4 and the other member of the board elected from the county at large in the general election in November 1976 as the member from Road District No. 5. The members of the board in office on the effective date of this section shall serve out the remainder of their respective terms of office. Thereafter, successors shall be elected as provided in this Act. Section 2. Said Act is further amended by striking in section 7, the following: other two members,

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and substituting in lieu thereof, the following: other four members, so that when so amended, section 7 shall read as follows: Section 7. The chairman of the board shall be compensated in the amount of $1,800.00 per annum, payable in equal monthly installments from the funds of Fayette County. The other four members of the board shall be compensated in the amount of $1,200.00 per annum each, payable in equal monthly installments from the funds of Fayette County. 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 1977 session of the General Assembly of Georgia a bill to establish the compensation of the members of the Board of Commissioners of Fayette County, Georgia, to establish their post number designations, and to repeal conflicting laws, and for other purposes. This 27th day of December, 1976. Georgia, Fayette County. This is to certify that this is a true and correct copy of the advertisement of a Notice of Intention to Introduce Local Legislation re: an act or acts to: establish the compensation of members of the Board of Commissioners of Fayette County, Georgia; to establish their post number designations, and to repeal conflicting laws, and for other purposes, as shown in attached newspaper cutting, was published

Page 4268

in the Fayette County News January 5, 12, and 19, 1977. /s/ Quimby Melton, III, Publisher Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Helen S. Teague Notary Public (Seal). Approved March 30, 1977. SALARIES OF OFFICERS IN CERTAIN COUNTIES. (15,300-15,800). No. 685 (House Bill No. 915). An Act to fix the salary of certain county officers in each county in this State having a population of not less than 15,300 and not more than 15,800 according to the United States Decennial Census of population of 1970, or any future such census; to authorize certain county officers of such counties to employ personnel and to set the salaries for such personnel; to provide for base salaries; to provide for the approval by the county governing authority of the employment of personnel and the base salaries of such personnel; to provide for longevity pay; to provide for the compensation of employees of certain county officers of such counties who are employed on the effective date of this Act; to provide for minimum compensation for certain such employees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) Notwithstanding any other provisions of law to the contrary, in each county in this State having a population of not less than 15,300 and not more than 15,800

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according to the United States Decennial Census of population of 1970, or any future such census, the compensation of the county officers listed below shall be as follows: Officers' salaries. (1) county commissioner - $16,000 per annum plus $100 per month expense allowance (2) sheriff - $16,000 per annum (3) clerk of the superior court - $14,000 per annum (4) judge of the probate court - $14,000 per annum (b) The annual salaries specified in subsection (a) shall be paid in equal monthly installments. Such annual salaries shall be increased by 2 percent for each year of service in such office completed after the effective date of this Act. Section 2. Notwithstanding any other provisions of law to the contrary, in each county in this State having a population of not less than 15,300 and not more than 15,800 according to the United States Decennial Census of population of 1970, or any future such census, the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner are each authorized to employ, with the approval of the county governing authority, all personnel necessary for the operation of their respective offices and for the performance of their respective duties. In such counties, each county officer listed in this section, with the approval of the county governing authority, shall set a base salary for each classification of employee hired by such county officer. Once a base salary has been fixed, it shall not be changed until notice of such change has been posted in an appropriate place in the courthouse for a period of three weeks immediately prior to the effective date of such change. Each employee of such county officer shall receive the base salary established for the employee's job classification plus the longevity pay authorized by section 4. Personnel. Section 3. (a) The base salary set in accordance with the provisions of section 2 for an employee who is employed on the effective date of this Act shall be not less than the

Page 4270

total compensation to which such employee is entitled on the effective date of this Act. Employees' salaries. (b) If a county officer listed in section 2 and the county governing authority of the county cannot agree as to the base salary for an employee, the salary shall remain the same as the then current base salary or the minimum salary set by this section, whichever is greater. Section 4. In addition to the base salary provided for an employee of a county officer listed in section 2, each employee shall receive longevity pay set by such county officer in an amount of not less than two and one-half percent (2%) of the base salary for each year of service completed after the effective date of this Act as an employee of such officer. 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. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. SUPERIOR COURT CLERK'S SALARY SUPPLEMENT REPEALED IN CERTAIN COUNTIES. (2,000 OR LESS). No. 686 (House Bill No. 934). An Act to repeal an Act to provide a supplementary salary payable from county funds for clerks of the superior court in counties having a population of not more than 2,000 according to the United States Decennial Census of 1960 or any future such census, approved April 8, 1968 (Ga. L. 1968, p. 3312); to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4271

Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide a supplementary salary payable from county funds for clerks of the superior court in counties having a population of not more than 2,000 according to the United States Decennial Census of 1960 or any future such census, approved April 8, 1968 (Ga. L. 1968, p. 3312), is hereby repealed in its entirety. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. AUTHORITY FOR SALARY SUPPLEMENT FOR SUPERIOR COURT CLERKS REPEALED IN CERTAIN COUNTIES. (LESS THAN 3000). No. 687 (House Bill No. 935) An Act to repeal an Act to authorize the governing authority in counties having a population of less than 3,000 according to the United States census of 1950 or any future census, to supplement the compensation of the clerk of the superior court, approved March 13, 1957 (Ga. L. 1957, p. 3302); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to authorize the governing authority in counties having a population of less than 3,000 according to the United States census of 1950 or any future census, to supplement the compensation of the clerk of the superior

Page 4272

court, approved March 13, 1957 (Ga. L. 1957, p. 3302), is hereby repealed in its entirety. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. CERTAIN TAX COMMISSIONERSSALARY ACT REPEALED. No. 688 (House Bill No. 958). An Act to repeal an Act entitled, An Act to provide for the compensation of the tax commissioner in certain counties; to repeal conflicting laws; and for other purposes., approved March 17, 1956 (Ga. L. 1956, p. 3490), as amended by an Act approved March 15, 1961 (Ga. L. 1961, p. 2420); to provide 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 the compensation of the tax commissioner in certain counties; to repeal conflicting laws; and for other purposes., approved March 17, 1956 (Ga. L. 1956, p. 3490), as amended by an Act approved March 15, 1961 (Ga. L. 1961, p. 2420), is hereby repealed in its entirety. Section 2. This Act shall become effective on May 1, 1977.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. CITY OF VALDOSTACITY LIMITS CHANGED. No. 689 (House Bill No. 968). An Act to amend an Act to provide a new charter for the City of Valdosta, approved March 24, 1976 (Ga. L. 1976, p. 3185), so as to change 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 to provide a new charter for the City of Valdosta, approved March 24, 1976 (Ga. L. 1976, p. 3185), is hereby amended by striking section 1.3 thereof in its entirety and substituting in lieu thereof a new section 1.3, to read as follows: Section 1.3. Corporate limits. The corporate limits of the City of Valdosta in the County of Lowndes shall be defined, located and described as follows: Beginning at the point where the east margin of the right-of-way of the Georgia and Florida Railroad main line intersects the north margin of the right-of-way of Georgia State Highway 31 (East Park Avenue); thence, running westerly along the north margin of said highway right-of-way to its intersection with the north margin of the Old Lakeland Road; thence, running westerly along the north margin of said Lakeland Road to a point, said point being 1361.42 feet east of the northeast intersection of Forrest Street and Lakeland Road measured along the north margin of Lakeland Road and marked by a concrete monument; thence, running North 1 degree 52 minutes West a distance of 640 feet to a concrete monument; thence, running South 88 degrees 22 minutes West a distance of 1361.42 feet to a

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concrete monument located on the east margin of Forrest Street; thence, running North 1 degree 52 minutes West along the east margin of North Forrest Street a distance of 323.27 feet to a point; thence, North 88 degrees 08 minutes East 190.0 feet; thence, North 1 degree 52 minutes West 203.28 feet; thence, North 1 degree 37 minutes West 1866.11 feet; thence, North 88 degrees 33 minutes 06 seconds West a distance of 808.20 feet to a point; thence, North 1 degree 18 minutes 09 seconds East a distance of 683.41 feet to a point; thence, South 88 degrees 42 minutes 35 seconds West a distance of 190.91 feet to a point; thence, South 1 degree 17 minutes 25 seconds East a distance of 13.91 feet to a point; thence, South 88 degrees 42 minutes 35 seconds West a distance of 438.20 feet to a point; thence, South 1 degree 17 minutes 25 seconds East a distance of 135.00 feet to a point; thence, South 88 degrees 42 minutes 35 seconds West a distance of 400.00 feet to a point on the east right-of-way of North Forrest Street; thence, along the east right-of-way of North Forrest Street, North 1 degree 17 minutes 25 seconds West a distance of 1213.87 feet to a point where the west right-of-way of North Forrest Street, intersects the south right-of-way of Northside Drive; thence, north 77 degrees 05 minutes east a distance of 258 feet to a point, said point being the point of curvature of a curve having a radius of 2824.79 feet; thence, eastwardly along said curve a distance of 1245.19 feet to a point; thence, south 12 degrees 47 minutes 47 seconds west a distance of 351.74 feet to a point; thence, south 50 degrees 30 minutes 46 seconds east a distance of 144.0 feet to a point; thence, south 57 degrees 14 minutes 25 seconds east a distance of 256.13 feet to a point; thence, south 32 degrees 51 minutes east a distance of 256.51 feet to a point; thence, south 55 degrees 17 minutes east a distance of 968.5 feet to a point; thence, south 74 degrees 38 minutes east a distance of 106.93 feet to a point; thence, north 87 degrees 05 minutes east a distance of 486.85 feet to a point; thence, north 15 degrees 03 minutes east a distance of 1054.23 feet to a point, said point being on the north margin of Northside Drive; thence, running north 74 degrees 55 minutes west along the north margin of Northside Drive a distance of 298.54 feet to a point; thence, north 05 degrees 51 minutes 30 seconds east a distance of 142.53 feet to a point; thence, north 81 degrees

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20 minutes 30 seconds west a distance of 258.86 feet to a point; thence, north 84 degrees 08 minutes west a distance of 255.0 feet to a point; thence, north 05 degrees 52 minutes east a distance of 319.98 feet to a point; thence, north 68 degrees 22 minutes west a distance of 88.03 feet to a point; thence, north 24 degrees 44 minutes 30 seconds west a distance of 84.86 feet to a point; thence, north 19 degrees 37 minutes 30 seconds west a distance of 92.58 feet to a point; thence, north 14 degrees 00 minutes west a distance of 172.76 feet to a point; thence, north 19 degrees 08 minutes west a distance of 210.52 feet to a point; thence, north 26 degrees 11 minutes east a distance of 97.0 feet to a point; thence, north 14 degrees 52 minutes 24 seconds east a distance of 50.99 feet; thence, north 26 degrees 11 minutes east a distance of 100.00 feet to a point; thence, north 63 degrees 49 minutes west a distance of 130.28 feet to a point; thence, south 77 degrees 22 minutes 23 seconds west a distance of 63.80 feet to a point; thence, north 63 degrees 49 minutes west a distance of 160.0 feet to a point; thence, south 12 degrees 56 minutes 30 seconds west a distance of 87.32 feet to a point; thence, south 26 degrees 11 minutes west a distance of 85.0 feet to a point; thence, south 51 degrees 54 minutes 30 seconds west a distance of 71.12 feet west to a point; thence, south 80 degrees 07 minutes west a distance of 85.59 feet to a point; thence, south 03 degrees 10 minutes east a distance of 140.0 feet to a point; thence, south 18 degrees 15 minutes 17 seconds east a distance of 51.79 feet to a point; thence, south 03 degrees 10 minutes east a distance of 130.0 feet to a point; thence, south 86 degrees 50 minutes west a distance of 90.0 feet to a point; thence, south 48 degrees 52 minutes west a distance of 103.82 feet to a point; thence, south 05 degrees 39 minutes west a distance of 90.47 feet to a point; thence, south 17 degrees 31 minutes 38 seconds east a distance of 122.28 feet to a point; thence, south 07 degrees 14 minutes east a distance of 85.0 feet to a point; thence, south 20 degrees 27 minutes 28 seconds west a distance of 110.43 feet to a point; thence, north 69 degrees 32 minutes 22 seconds west a distance of 35.33 feet to a point; thence, south 18 degrees 06 minutes west a distance of 24.24 feet to a point; thence, north 84 degrees 33 minutes west a distance of 188.21 feet to a point; thence, north 64 degrees

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12 minutes 48 seconds west a distance of 107.21 feet to a point; thence, north 79 degrees 00 minutes west a distance of 294.57 feet to a point; thence, south 85 degrees 01 minutes west a distance of 179.74 feet to a point; thence, south 86 degrees 22 minutes west a distance of 50.57 feet to a point; thence, south 85 degrees 01 minutes west a distance of 150.0 feet to a point; thence, south 04 degrees 58 minutes west a distance of 140.08 feet to a point; thence, running westwardly along the curving north margin of Northside Drive a distance of 490.53 feet to a point; thence, north 4 degrees 56 minutes east a distance of 250.00 feet to a point; thence, north 34 degrees 56 minutes east a distance of 180.00 feet to a point; thence, north 64 degrees 25 minutes east a distance of 179.55 feet to a point; thence, north 1 degrees 08 minutes west a distance of 420.22 feet to a point; thence, south 88 degrees 40 minutes west a distance of 1136.13 feet to a point; thence, south 23 degrees 08 minutes 15 seconds east a distance of 683.93 feet to a point; thence, south 53 degrees 03 minutes 45 seconds east a distance of 160.10 feet to a point; thence, south 87 degrees 20 minutes 15 seconds east a distance of 183.84 feet to a point; thence, south 14 degrees 35 minutes 30 seconds east a distance of 140.43 feet to a point on the north right-of-way of Northside Drive; thence, south 77 degrees 05 minutes west a distance of 243.27 feet to a point, said point being the intersection of the north right-of-way of Northside Drive and the west right-of-way of North Forrest Street; thence, running north 1 degree 34 minutes west along the east margin of North Forrest Street a distance of 981.97 feet to a point; thence, running north 1 degree 14 minutes west along the east margin of North Forrest Street a distance of 1154.0 feet to a point where the east right-of-way of North Forrest Street intersects the centerline of Eastwind Road; thence, running north 1 degree 23 minutes 30 seconds west a distance of 17.5 feet to a point, said point being the southwest property corner of property of The Valdosta Board of Education; thence, running north 87 degrees 49 minutes 30 seconds east along the north margin of Eastwind Road a distance of 934.17 feet to a point; thence, north 37 degrees 14 minutes 06 seconds east a distance of 151.18 feet to a point; thence, north 81 degrees 49 minutes 19 seconds east a distance of 185.91 feet to a point on the west right-of way

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of Sundance Circle; thence, along the right-of-way of said street, south 13 degrees 05 minutes 49 seconds west (chord), a distance of 66.8 feet to a point; thence, south 02 degrees 51 minutes 07 seconds west a distance of 74.61 feet to a point; thence, south 47 degrees 51 minutes 07 seconds west along the chord between the tangents of the northwest corner of Sundance Circle and Eastwind Road, a distance of 28.28 feet to a point; thence, along the north right-of-way of Eastwind Road, south 87 degrees 08 minutes 53 seconds east a distance of 90.0 feet to a point; thence, north 42 degrees 08 minutes 53 seconds west along the chord between the tangents of the northeast corner of Sundance Circle and Eastwind Road a distance of 28.28 feet to a point; thence, along the east right-of-way of Sundance Circle, north 02 degrees 51 minutes 07 seconds east a distance of 74.61 feet to a point; thence, north 14 degrees 37 minutes 04 seconds east (chord) a distance of 56.20 feet to a point; thence, north 81 degrees 49 minutes 19 seconds east a distance of 493.46 feet to a point on the west right-of-way of Tyndall Drive; thence, along said right-of-way south 0 degrees 57 minutes 04 seconds west a distance of 219.21 feet to a point; thence, south 54 degrees 03 minutes 24 seconds east a distance of 61.03 feet to a point on the east right-of-way of Tyndall Drive; thence, south 89 degrees 02 minutes 56 seconds east a distance of 1091.68 feet to a point, said point being on the west right-of-way of Falling Leaf Lane; thence, south 89 degrees 02 minutes 56 seconds east a distance of 50.0 feet to a point, said point being on the east right-of-way of Falling Leaf Lane; thence, south 89 degrees 02 minutes 56 seconds east a distance of 135.00 feet to a point; thence north 0 degrees 58 minutes 38 seconds east a distance of 135.69 feet to a point; thence, north 01 degrees 07 minutes 55 seconds east a distance of 251.29 feet to a point; thence, north 0 degrees 07 minutes 55 seconds east a distance of 129.45 feet to a point; thence, north 89 degrees 02 minutes 56 seconds west a distance of 136.26 feet to a point, said point being on the east right-of-way of Falling Leaf Lane; thence, north 89 degrees 02 minutes 56 seconds west a distance of 50.0 feet to a point on the west right-of-way of said street; thence, along the right-of-way of said street, south 0 degrees 57 minutes 04 seconds west a distance

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of 159.31 feet to a point; thence, north 89 degrees 02 minutes 56 seconds west a distance of 120.00 feet to a point; thence, south 0 degrees 57 minutes 04 seconds west a distance of 19.28 feet to a point; thence, south 81 degrees 49 minutes 19 seconds west a distance of 243.09 feet to a point; thence, north 89 degrees 02 minutes 56 seconds west a distance of 160.00 feet to a point; thence, south 0 degrees 57 minutes 04 seconds west a distance of 25.71 feet to a point; thence, north 89 degrees 02 minutes 56 seconds west a distance of 240.00 feet to a point; thence, north 0 degrees 57 minutes 04 seconds east a distance of 62.71 feet to a point; thence, south 81 degrees 49 minutes 19 seconds west a distance of 335.94 feet to a point, said point located on the east right-of-way of Tyndall Drive; thence, north 0 degrees 57 minutes 04 seconds east along the east right-of-way of Tyndall Drive a distance of 196.43 feet to a point; thence, north 1 degrees 14 minutes 40 seconds west a distance of 134.09 feet to a point; thence, north 80 degrees 26 minutes 44 seconds east a distance of 128.71 feet to a point; thence, north 51 degrees 24 minutes 32 seconds east a distance of 119.46 feet to a point; thence, north 77 degrees 25 minutes 07 seconds east a distance of 38.84 feet to a point; thence, north 56 degrees 13 minutes 51 seconds east a distance of 109.83 feet to a point; thence, north 15 degrees 39 minutes 51 seconds east a distance of 85.33 feet to a point; thence, north 27 degrees 19 minutes 21 seconds east a distance of 65.61 feet to a point; thence, north 52 degrees 45 minutes 54 seconds west a distance of 183.26 feet to a point; thence south, 48 degrees 32 minutes 42 seconds west a distance of 35.69 feet to a point; thence, north 52 degrees 45 minutes 54 seconds west a distance of 118.0 feet to a point on the east right-of-way of Tyndall Drive; thence, along said right-of-way south 37 degrees 14 minutes 06 seconds west a distance of 50 feet to a point; thence, north 52 degrees 45 minutes 54 seconds west a distance of 50 feet to a point on the west right-of-way of Tyndall Drive; thence along said right-of-way north 37 degrees 14 minutes 06 seconds east a distance of 50 feet to a point; thence, north 52 degrees 45 minutes 54 seconds west a distance of 125 feet to a point; thence, running north 34 degrees 37 minutes 06 seconds east a distance of 677.69 feet to a point; thence, running south 88 degrees 03 minutes 30 seconds west a distance of 2172.60 feet to a point on the east

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right-of-way of North Forrest Street; thence, running south 88 degrees 16 minutes west a distance of 80.0 feet to a point on the west right-of-way of North Forrest Street; thence, running south 1 degree 44 minutes east along the west margin of North Forrest Street a distance of 1155.01 feet to a point where the west margin of North Forrest Street intersects the centerline of Highland Heights Drive; thence running south 1 degree 23 minutes 30 seconds east along the west margin of North Forrest Street a distance of 548.44 feet to a point; thence, running south 1 degree 14 minutes east along the west right-of-way of Forrest Street a distance of 1154.10 feet to a point; thence, south 1 degree 34 minutes east along the west right-of-way of North Forrest Street a distance of 566.47 feet (said point being 431.56 feet north of the north right-of-way of Northside Drive); thence, south, 89 degrees 35 minutes west a distance of 617.13 feet to a point; thence, north 1 degree 17 minutes 30 seconds east a distance of 368.94 feet to a point; thence, north 88 degrees 42 minutes 30 seconds west a distance of 630.00 feet to a point; thence, north 79 degrees 14 minutes 46 seconds west a distance of 60.83 feet to a point; thence, north 88 degrees 42 minutes 30 seconds west a distance of 160.00 feet to a point; thence, south 1 degree 17 minutes 30 seconds west a distance of 578.24 feet to a point; thence, north 87 degrees 56 minutes 07 seconds east a distance of 25.99 feet to a point; thence, south 10 degrees 22 minutes east a distance of 366.36 feet to a point; thence, south 79 degrees 38 minutes west a distance of 230.0 feet to a point, said point being on the east right-of-way of Habersham Road; thence, south 79 degrees 38 minutes west a distance of 50.0 feet to a point, said point being on the west right-of-way of Habersham Road; thence, south 79 degrees 38 minutes west a distance of 135.73 feet to a point; thence, south 85 degrees 21 minutes 8 seconds west a distance of 219.40 feet to a point; thence, north 74 degrees 51 minutes 0 seconds west a distance of 109.69 feet to a point; thence, north 64 degrees 07 minutes 20 seconds west a distance of 227.05 feet to a point; thence, north 71 degrees 44 minutes west a distance of 1260.85 feet to a point located on the east margin of Bemis Road; thence, north 18 degrees 41 minutes east along the east right-of-way of Bemis Road a distance of 553.92 feet to a point, said point being the

Page 4280

intersection of the projection of the north right-of-way of Connell Road and the east right-of-way of Bemis Road; thence, perpendicular to the right-of-way of Bemis Road a distance of 100.0 feet to the west right-of-way of Bemis Road to a point, said point being the intersection of the projection of the north right-of-way of Connell Road and the west right-of-way of Bemis Road; thence, along the north right-of-way north 70 degrees 34 minutes 30 seconds west a distance of 165.29 feet to a point; thence northerly along the curving right-of-way of Connell Road the arc distance of 889.38 feet to a point; thence, north 0 degrees 09 minutes 33 seconds west a distance of 471.10 feet to a point; thence, south 88 degrees 0 minutes 20 seconds west a distance of 970.07 feet to a point; thence, south 24 degrees 06 minutes 30 seconds east a distance of 814.00 feet to a point, said point being on the north right-of-way of Connell Road; thence, along said right-of-way, south 65 degrees 53 minutes 30 seconds west a distance of 60.00 feet to a point; thence, north 24 degrees 06 minutes 30 seconds west a distance of 660.00 feet to a point; thence, south 65 degrees 53 minutes 30 seconds west a distance of 660.00 feet to a point; thence, south 24 degrees 06 minutes 30 seconds east a distance of 660.00 feet to a point on the north right-of-way of Connell Road; thence, along the north right-of-way of Connell Road south 65 degrees 53 minutes 30 seconds west a distance of 1596.30 feet to a point where the north right-of-way of Connell Road intersects the east right-of-way of North Ashley Street; thence, running northwesterly on the east right-of-way of North Ashley Street a distance of 303 feet more or less to a point; thence, north 67 degrees 45 minutes east a distance of 200.00 feet to a point; thence, north 30 degrees 11 minutes 33 seconds west a distance of 114.00 feet to a point; thence, north 67 degrees 45 minutes east a distance of 300.00 feet to a point; thence, north 29 degrees 54 minutes 50 seconds west a distance of 180.00 feet to a point on the south right-of-way of Garden Drive; thence, along the south right-of-way south 67 degrees 45 minutes west a distance of 500.00 feet to a point, said point being where the south right-of-way of Garden Drive intersects the east right-of-way of North Ashley Street; thence, north 29 degrees 57 minutes 33 seconds west a distance of 50.46 feet to a point where the north right-of-way of Garden

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Drive intersects the east right-of-way of North Ashley Street; thence, north 67 degrees 45 minutes east along the north margin of Garden Drive a distance of 300 feet; thence, north 31 degrees 30 minutes west a distance of 225.46 feet to a point; thence north 31 degrees 34 minutes west a distance of 170.2 feet to a point located on the south margin of Barfield Drive; thence, south 71 degrees 42 minutes west a distance of 308.59 feet along the south margin of Barfield Drive to the east margin of North Ashley Street (U. S. Highway No. 41); thence, northwesterly along the east margin of U. S. Highway No. 41 a distance of 190.3 feet; thence, north 74 degrees 30 minutes east 311.99 feet; thence, south 31 degrees 24 minutes east 125.0 feet; thence, north 71 degrees 46 minutes east 88.48 feet; thence, north 11 degrees 54 minutes west 291.53 feet; thence, north 82 degrees 57 minutes east 1426.66 feet; thence, north 2 degrees 10 minutes west 848.35 feet; thence, south 86 degrees 46 minutes west 2056.55 feet to the east margin of the right-of-way of North Oak Street Extension; thence along the east right-of-way of Oak Street Extension (GA 125 Conn.) north 0 degrees 02 minutes west a distance of 275.0 feet to a point; thence, north 86 degrees 46 minutes east a distance of 633.60 feet to a point; thence, north 0 degrees 02 minutes west a distance of 100.0 feet to a point; thence, south 86 degrees 46 minutes west a distance of 633.60 feet to a point, said point being on the east right-of-way of Oak Street Extension; thence, along the east right-of-way a distance of 3816.6 feet to a point; thence, continuing along said margin of Cherry Creek Road (North Oak Street Extension) north 01 degrees 39 minutes west a distance of 1877.09 feet to a point; thence, south 88 degrees 21 minutes west a distance of 80 feet to a point on the west margin of Cherry Creek Road; thence, north 88 degrees 05 minutes west a distance of 340.65 feet to a point; thence, south 86 degrees 14 minutes west a distance of 100.06 feet to a point; thence, south 75 degrees 34 minutes west a distance of 102.54 feet to a point; thence, north 85 degrees 45 minutes west a distance of 100.53 feet to a point; thence, south 75 degrees 05 minutes west a distance of 113.01 feet to a point; thence, south 52 degrees 27 minutes west a distance of 135.75 feet to a point; thence, north 79 degrees 38 minutes west a distance of 117.57 feet to a point; thence, north

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78 degrees 05 minutes west a distance of 20.54 feet to a point; thence, north 01 degrees 39 minutes west a distance of 240.0 feet to a point on the south right-of-way of Shirley Place; thence, north 01 degrees 39 minutes west a distance of 50.0 feet to a point on the north right-of-way of Shirley Place; thence, north 01 degrees 39 minutes west a distance of 150.00 feet to a point; thence, north 37 degrees 57 minutes 22 seconds east a distance of 94.10 feet to a point; thence, north 40 degrees 18 minutes 22 seconds west a distance of 48.02 feet to a point; thence, north 01 degrees 39 minutes west a distance of 200.00 feet to a point; thence, north 03 degrees 43 minutes 18 seconds west a distance of 116.78 feet to a point; thence, north 16 degrees 56 minutes 13 seconds west a distance of 132.33 feet to a point; thence, north 31 degrees 24 minutes 38 seconds west a distance of 123.78 feet to a point; thence, north 48 degrees 54 minutes 53 seconds west a distance of 133.40 feet to a point on the south right-of-way of Lake Laurie Drive; thence, north 35 degrees 55 minutes west a distance of 80.00 feet to a point on the north right-of-way of Lake Laurie Drive; thence, along said right-of-way south 54 degrees 05 minutes west a distance of 320.00 feet to a point; thence, south 35 degrees 55 minutes east a distance of 80.00 feet to a point on the south right-of-way of Lake Laurie Drive; thence, south 35 degrees 55 minutes east a distance of 201.05 feet to a point; thence, south 01 degrees 99 minutes east a distance of 371.01 feet to a point; thence, south 42 degrees 14 minutes 22 seconds east a distance of 46.10 feet to a point; thence, south 01 degrees 39 minutes east a distance of 150.00 feet to a point on the north right-of-way of Shirley Place; thence, south 01 degrees 39 minutes east a distance of 50.00 feet to the south right-of-way of Shirley Place; thence, south 01 degrees 39 minutes east a distance of 185.21 feet to a point; thence, north 86 degrees 18 minutes west a distance of 20.12 feet to a point; thence, north 72 degrees 55 minutes 20 seconds west a distance of 105.59 feet to a point; thence, north 87 degrees 04 minutes 30 seconds west a distance of 100.32 feet to a point; thence, south 79 degrees 47 minutes 50 seconds west a distance of 165.43 feet to a point; thence, north 82 degrees 03 minutes 20 seconds west a distance of 182.53 feet to a point; thence, south 0 degrees 57 minutes 34 seconds east a distance of 1281.39 feet to a

Page 4283

point; thence, north 88 degrees 21 minutes 0 seconds east a distance of 334.95 feet to a point; thence, south 20 degrees 37 minutes 30 seconds east a distance of 169.12 feet to a point; thence, north 88 degrees 21 minutes 0 seconds east a distance of 75.00 feet to a point; thence, south 46 degrees 39 minutes east a distance of 140.00 feet; thence, south 63 degrees 21 minutes east a distance of 52.20 feet; thence, south 36 degrees 09 minutes east a distance of 137.33 feet; thence, south 33 degrees 48 minutes east 259.28 feet; thence, north 89 degrees 05 minutes east 1038.10 feet to a point on the west margin of Cherry Creek Road (Oak Street Extension); thence, south 0 degrees 38 minutes east along the west right-of-way of Oak Street Extension a distance of 550.11 feet to a point, said point being the intersection of the 35th and 36th Land Lot Line with the right-of-way; thence, south 0 degrees 38 minutes east along the west right-of-way of Oak Street Extension a distance of 1559.0 feet to a point; thence, north 87 degrees 39 minutes 31 seconds west a distance of 627.23 feet to a point; thence, south 7 degrees 30 minutes 12 seconds east a distance of 539.05 feet to a point; thence, south 87 degrees 39 minutes 31 seconds east a distance of 564.63 feet to a point, said point being on the west right-of-way of Oak Street Extension; thence, along said right-of-way south 0 degrees 0 minutes east a distance of 978 feet to a point; thence, south 75 degrees 40 minutes west a distance of 16 feet to a point; thence, south 0 degrees 0 minutes east a distance of 115 feet to a point; thence, south 75 degrees 40 minutes west 27.02 feet to the east margin of the right-of-way of North U. S. Highway No. 41; thence, south 58 degrees 35 minutes west 200.0 feet to the west margin of the right-of-way of North U. S. Highway No. 41; thence, north 31 degrees 33 minutes west along the west right-of-way of U. S. Highway No. 41, a distance of 32.23 feet to a point; thence, north 34 degrees 10 minutes west along the west right-of-way of U.S. Highway No. 41 a distance of 167.97 feet to a point, said point being the intersection of the west right-of-way of U. S. Highway No. 41 and the south right-of-way of Briggs Drive; thence, along the south right-of-way of Briggs Drive, south 59 degrees 58 minutes west a distance of 545.84 feet to a point; thence, running 137.45 feet along the arc whose chord distance of 129.02 feet at south 24 degrees

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49 minutes west to a point; thence south 10 degrees 20 minutes east a distance of 92.10 feet to a point; thence, running 176.71 feet along the arc whose chord distance is 174.33 feet at south 26 degrees 45 minutes east to a point; thence, south 43 degrees 10 minutes east a distance of 226.90 feet to a point; thence, running 187.72 feet along the arch whose chord distance is 181.96 feet at south 67 degrees 53 minutes east to a point; thence, north 87 degrees 24 minutes east along the north right-of-way of Smithbriar Drive, a distance of 422.13 feet to a point; thence, north 0 degrees 51 minutes west a distance of 9.60 feet to a point; thence, north 89 degrees 09 minutes east along the north right-of-way of Smithbriar Drive 80.0 feet to a point, said point being the intersection of the projected east right-of-way of North Oak Street with the north right-of-way of Smithbriar Drive; thence, south along the east margin of North Oak Street a distance of 1371.83 feet plus or minus to a point; thence, easterly a distance of 426.69 feet, plus or minus, to a point on the west margin of North Patterson street; thence, northerly along the west margin of North Patterson Street 1309.29 feet, plus or minus, to a point at the south intersection of North Patterson Street and Smithbriar Drive; thence, north 89 degrees 14 minutes east 82.53 feet to the east margin of the right-of-way of North Patterson Street; thence, south 14 degrees 59 minutes east along the east margin of the right-of-way of North Patterson Street a distance of 569.26 feet; thence, north 67 degrees 30 minutes east 201.04 feet to a point 50.0 feet west of the perpendicular to the west margin of the right-of-way of North Ashley Street (North U. S. Highway 41); thence, south 31 degrees 25 minutes east along the line 50.0 feet west of and parallel to the west margin of the right-of-way of North Ashley Street (North U. S. Highway No. 41) a distance of 851.88 feet to a point; thence, south 75 degrees 54 minutes west a distance of 442.33 feet to a point located on the east margin of Patterson Street; thence, south 14 degrees 26 minutes east a distance of 378.72 feet along the east margin of said street to the intersection of the North margin of Northside Drive; thence, south 14 degrees 26 minutes east a distance of 60 feet more or less to a point where the east right-of-way of North Patterson Street intersects the south right-of-way of Northside Drive; thence,

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along the south right-of-way of Northside Drive, south 75 degrees 43 minutes west a distance of 182 feet more or less to a point; thence, north 9 degrees 23 minutes 52 seconds west a distance of 60 feet to the north right-of-way of Northside Drive; thence, north 7 degrees 55 minutes 40 seconds west a distance of 201.24 feet to a point; thence, south 75 degrees 43 minutes 0 seconds west a distance of 110.18 feet to a point; thence, south 9 degrees 23 minutes 52 seconds east a distance of 200.73 feet to a point, said point being on the north right-of-way of Northside Drive; thence, south 9 degrees 23 minutes 52 seconds east a distance of 60 feet to the south right-of-way of Northside Drive; thence, south 75 degrees 43 minutes west along the south right-of-way of Northside Drive to a point 300 feet west of the west right-of-way of Oak Street; thence, running southerly parallel with and 300 feet westerly from the west margin of Oak Street to a point 175 feet northerly from the centerline of Canna Drive (measured perpendicular to Canna Drive); thence, running south 89 degrees west 2473 feet; thence, running north 2 degrees 02 minutes east 1483 feet to the south margin of Eager Road; thence, north 87 degrees 28 minutes east along the south margin of Eager Road a distance of 383.49 feet; thence, north 2 degrees 32 minutes west a distance of 80.0 feet to a point on the north margin of Eager Road; thence, north 0 degrees 54 minutes west a distance of 795.00 feet; thence, north 6 degrees 37 minutes west a distance of 50.13 feet; thence, north 0 degrees 54 minutes west a distance of 338.00 feet; thence south 87 degrees 28 minutes west a distance of 165.00 feet; thence, south 81 degrees 45 minutes west a distance of 50.41 feet; thence, south 87 degrees 28 minutes west a distance of 160.00 feet; thence, south 0 degrees 54 minutes east a distance of 1178.00 feet to a point on the north margin of Eager Road; thence, westerly along the north right-of-way of Eager Road to a point, said point being 512.87 feet east of the intersection of the east right-of-way of Country Club Drive and the north right-of-way of Jerry Jones Drive; thence, north 1 degree 54 minutes west a distance of 553.1 feet to a point; thence, south 88 degrees 06 minutes west a distance of 429.4 feet to a point, said point being on the east right-of-way of Country Club Drive; thence, south 1 degree 54 minutes east a distance of 501.8

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feet to a point, said point being the intersection of the north right-of-way of Jerry Jones Road and the east right-of-way of Country Club Drive; thence, along the projected north right-of-way of Jerry Jones Road to the west right-of-way of Country Club Drive; thence, along the northern margin of the right-of-way of Jerry Jones Road a distance of 295 feet to a point; thence, north 12 degrees 07 minutes west a distance of 175.0 feet to a point; thence, north 89 degrees 04 minutes east a distance of 150.0 feet; thence, north 11 degrees 25 minutes west a distance of 200.0 feet, said point on the south margin of Winding Way; thence, north 82 degrees 40 minutes west a distance of 15.29 feet along the south margin of Winding Way; thence, westerly along the curving south margin of Winding Way a distance of 114.98 feet; thence, south 82 degrees 48 minutes west a distance of 20.70 feet; thence, north 12 degrees 43 minutes east a distance of 56.02 feet; thence, north 13 degrees 41 minutes west a distance of 175.0 feet; thence, south 81 degrees 14 minutes west a distance of 104.93 feet; thence, north 3 degrees 13 minutes west a distance of 459.5 feet to a point on the south right-of-way of Green Meadow Drive; thence, north 2 degrees 54 minutes west a distance of 50.09 feet to a point on the north right-of-way of Green Meadow Drive; thence, north 2 degrees 21 minutes west a distance of 140.0 feet to a point; thence, north 2 degrees 04 minutes 33 seconds west a distance of 150.11 feet to a point; thence, north 1 degrees 35 minutes 14 seconds west a distance of 249.37 feet to a point; thence, north 85 degrees 28 minutes 11 seconds west a distance of 12.97 feet to a point; thence, north 85 degrees 06 minutes 02 seconds west a distance of 332.33 feet to a point; thence, south 74 degrees 55 minutes 11 seconds west a distance of 146.10 feet to a point; thence, south 4 degrees 02 minutes 30 seconds east a distance of 321.21 feet to a point; thence, south 0 degrees 46 minutes east a distanuce of 140.0 feet; thence, south 15 degrees 12 minutes east a distance of 51.7 feet; thence, south 6 degrees 1 minute east a distance of 156.9 feet; thence, south 79 degrees 18 minutes west a distance of 150.0 feet; thence, south 76 degrees 36 minutes west a distance of 156.1 feet; thence, south 61 degrees 42 minutes west a distance of 150.35 feet; thence, south 56 degrees 21 minutes west a distance of 271.2 feet; thence, south 54 degrees

Page 4287

52 minutes west a distance of 140.75 feet; thence, south 48 degrees 54 minutes west a distance of 194.44 feet; thence, south 32 degrees 11 minutes east a distance of 49.95 feet; thence, south 58 degrees 38 minutes west a distance of 176.45 feet; thence, north 38 degrees 53 minutes west a distance of 30.0 feet; thence, south 40 degrees 47 minutes west a distance of 100.95 feet; thence, south 86 degrees 49 minutes west a distance of 433.70 feet to a point; thence, south 3 degrees 11 minutes east a distance of 471.59 feet to a point; thence, south 17 degrees 15 minutes 12 seconds east a distance of 148.83 feet to a point; thence, south 2 degrees 16 minutes 03 seconds east a distance of 131.10 feet to a point; thence, south 39 degrees 07 minutes 27 seconds west a distance of 109.91 feet to a point; thence, south 72 degrees 39 minutes 48 seconds west a distance of 93.14 feet to a point; thence, south 28 degrees 00 minutes 15 seconds east a distance of 321.03 feet to a point; thence, south 85 degrees 25 minutes west 106.4 feet; thence, south 86 degrees 58 minutes west a distance of 393.6 feet; thence, south 61 degrees 11 minutes west a distance of 159.8 feet; thence, south 31 degrees 09 minutes west a distance of 162.3 feet; thence, south 9 degrees 08 minutes west a distance of 170.1 feet; thence, south 14 degrees 21 minutes east a distance of 286.2 feet; thence, north 66 degrees 51 minutes east a distance of 237.0 feet to a point; thence, south 23 degrees 09 minutes east a distance of 263.8 feet to the center of the run of Two Mile Branch; thence, running westerly along the meanderings of the center of the run of Two Mile Branch to its intersection with the center of the run of another certain branch known as Sugar Creek; thence, running southerly and along the center of the run of said Sugar Creek to the west margin of the right-of-way of the Georgia Southern and Florida Railroad; thence, running north 16 degrees 55 minutes west along the west margin of said railroad right-of-way a distance of 751.02 feet; thence, north 88 degrees 31 minutes west 1465.96 feet; thence, north 1 degree 29 minutes east 60.10 feet; thence, north 19 degrees 14 minutes east 278.4 feet to a point; thence, north 43 degrees 31 minutes west 120 feet to a point; thence, north 1 degree 29 minutes each 790 feet to a point; thence, north 88 degrees 31 minutes west 350 feet to a point; thence, north 1 degree 29 minutes east 550.59

Page 4288

feet to a point; thence, north 67 degrees 17 minutes west 97.82 feet; thence, south 58 degrees 08 minutes west 674.0 feet; thence, south 62 degrees 09 minutes west 278.0 feet; thence south 53 degrees 39 minutes west 480.0 feet; thence, south 82 degrees 16 minutes west 125.31 feet; thence, south 9 degrees 39 minutes west 152.07 feet; thence, north 36 degrees 21 minutes west a distance of 221.80 feet to a point; thence, south 80 degrees 30 minutes west a distance of 329.06 feet to a point; thence, south 53 degrees 39 minutes west a distance of 538.00 feet to a point; thence, south 36 degrees 23 minutes west a distance of 298.44 feet to a point; thence, south 3 degrees 11 minutes west a distance of 771.20 feet; thence, south 88 degrees 29 minutes 30 seconds east a distance of 354.67 feet to a point; thence, south 1 degree 14 minutes 37 seconds west a distance of 315 feet to a point; thence, south 88 degrees 29 minutes 30 seconds east a distance of 320.33 feet to a point; thence, south 1 degree 11 minutes 16 seconds west of 1177.31 feet to a point; thence, south 89 degrees 40 minutes 22 seconds east a distance of 318.29 feet to a point; thence, south 89 degrees 13 minutes 57 seconds east a distance of 200.45 feet to a point; thence, north 88 degrees 35 minutes 16 seconds east a distance of 196.36 feet to a point; thence, north 42 degrees 15 minutes 23 seconds east a distance of 155.33 feet to a point; thence, north 46 degrees 29 minutes 0 seconds east a distance of 420.00 feet to a point; thence, south 43 degrees 31 minutes 0 seconds east a distance of 129.67 feet to a point; thence, south 1 degree 29 minutes 0 seconds west a distance of 31.42 feet to a point, said point being on the north right-of-way of Gornto Road; thence, running southerly along the west margin of Gornto Road to the intersection of the west margin of Gornto Road with north margin of Baytree Road; thence, south 88 degrees 22 minutes west along the north right-of-way of Baytree Road a distance of 418 feet to a point; thence, north 0 degrees 20 minutes west a distance of 209 feet to a point; thence, south 88 degrees 22 minutes west a distance of 209 feet to a point; thence, south 0 degrees 20 minutes east a distance of 209 feet to a point, said point being on the north right-of-way of Baytree Road; thence, north 88 degrees 22 minutes east along said right-of-way to a point where the projected west right-of-way of Ellis Drive intersects the north

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right-of-way of Baytree Road; thence, running southwesterly across Baytree Road right-of-way and along the west margin of Ellis Drive a distance of 1073.00 feet to a point; thence, north 89 degrees 44 minutes west a distance of 203.56 feet; thence, north 3 degrees 54 minutes east a distance of 57.38 feet; thence, north 87 degrees 13 minutes west a distance of 243.25 feet to a point on the east margin of Springhill Drive; thence, south 6 degrees 18 minutes west a distance of 184.25 feet along the east margin of Springhill Drive; thence, south 61 degrees 24 minutes east a distance of 200.00 feet; thence, north 81 degrees 51 minutes east a distance of 9.63 feet; thence, south 2 degrees 47 minutes west a distance of 200.0 feet to a point located on the north margin of U. S. Highway No. 94; thence, running north 61 degrees 24 minutes west along said margin a distance of approximately 323 feet to a point, said point being located on the west margin of Twin Street (known as Springhill Drive); thence, north 1 degree 00 minutes west a distance of 171.00 feet to a point; thence, north 47 degrees 45 minutes west a distance of 111.52 feet to a point; thence, north 58 degrees 18 minutes west a distance of 130.65 feet to a point; thence, south 36 degrees 40 minutes west a distance of 175.00 feet to a point on the north margin of State Road 94; thence, north 61 degrees 24 minutes west along the north right-of-way of Georgia 94 (St. Augustine Road) to a point; thence, north 60 degrees 45 minutes west along the north right-of-way of GA 94 to a point where the north right-of-way of GA 94 intersects the east right-of-way of I-75; thence north 40 degrees 36 minutes 30 seconds west a distance of 236 feet more or less to a point on the east right-of-way of I-75; thence, north 18 degrees 55 minutes west a distance of 442 feet more or less to a point on the east right-of-way of I-75; thence, north 35 degrees 38 minutes 30 seconds west a distance of 570 feet more or less to a point on the east right-of-way of I-75; thence, north 18 degrees 51 minutes west a distance of 801 feet more or less to a point on the east right-of-way of I-75; thence, south 71 degrees 09 minutes west a distance of 300.00 feet to a point on the west right-of-way of I-75; thence, south 30 degrees 08 minutes 07 seconds west a distance of 443.10 feet to a point; thence, south 1 degree 35 minutes 45 seconds east a distance of 280.03 feet to a point,

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said point being on the north right-of-way of Baytree Road Extension; thence, along the north right-of-way of Baytree Road, north 88 degrees 24 minutes 15 seconds east a distance of 400.00 feet to a point on the west right-of-way of I-75; thence south 8 degrees 51 minutes east a distance of 373.18 feet to a point on the west right-of-way of I-75; thence, south 56 degrees 54 minutes east a distance of 58 feet more or less to a point where the west right-of-way of I-75 intersects the north right-of-way of GA 94; thence, south 35 degrees 24 minutes west a distance of 85 feet to a point on the south right-of-way of GA 94 and the west right-of-way of I-75; thence, south 40 degrees 36 minutes east a distance of 240 feet more or less to a point on the west right-of-way of I-75; thence, south 19 degrees 03 minutes east a distance of 431 feet more or less along the right-of-way of I-75 to a point; thence, south 35 degrees 14 minutes 30 seconds east a distance of 496 feet more or less along the right-of-way of I-75 to a point; thence, south 18 degrees 51 minutes east a distance of 765 feet more or less along the west right-of-way of I-75 to a point; thence, south 18 degrees 39 minutes east a distance of 111 feet more or less along the west right-of-way of I-75 to a point; thence, north 71 degrees 21 minutes east a distance of 300.00 feet to the east right-of-way of I-75; thence, north 21 degrees 56 minutes east a distance of 644.04 feet; thence, south 61 degrees 24 minutes east a distance of 245 feet; thence, north 28 degrees 36 minutes east a distance of 200.0 feet to a point on the south margin of U. S. Highway No. 94; thence, running eastwardly along said margin a distance of 200.0 feet to a point; thence, south 28 degrees 36 minutes west a distance of 200.0 feet; thence, south 61 degrees 11 minutes east a distance of 200.0 feet to a point on the west margin of proposed Ellis Drive; thence, south 61 degrees 11 minutes east a distance of 60 feet to a point on the east margin of proposed Ellis Drive; thence, south 61 degrees 11 minutes east a distance of 125.0 feet to a point; thence, north 28 degrees 36 minutes east a distance of 200 feet to a point located on the south margin of U. S. Highway 94; thence, proceeding south 61 degrees 24 minutes east along the south margin of U. S. Highway 94 a distance of 489.70 feet; thence, south 28 degrees 06 minutes west a distance of 838.20 feet; thence, south 61 degrees

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24 minutes east a distance of 210.00 feet; thence north 28 degrees 06 minutes east a distance of 838.20 feet to a point on the south margin of U. S. Highway 94; thence, south 61 degrees 24 minutes east a distance of 220 feet more or less to an iron pin located at the southeast corner of the intersection of said highway and a paved road leading to Lowndes County High School; thence, proceeding north 28 degrees 36 minutes east a distance of 60 feet to an iron pin located on the north margin of U. S. Highway 94; thence, proceeding north 61 degrees 24 minutes west along the north margin of said highway a distance of 280 feet, more or less, to an iron pin; thence, north 25 degrees 55 minutes 35 seconds east a distance of 545 feet to a point; thence, north 63 degrees 27 minutes 12 seconds west a distance of 443.51 feet to a point; thence, south 2 degrees 37 minutes 48 seconds west a distance of 596.19 feet to a point, said point being the intersection of the north right-of-way of St. Augustine Road (SR 94) and the east right-of-way of Gornto Road (Rose Hill Drive); thence north 61 degrees 11 minutes west a distance of 88 feet, more or less, said point being the northwest intersection of Gornto Road and U. S. Highway 94; thence, north 2 degrees 49 minutes 15 seconds east a distance of 851.50 feet; thence, north 89 degrees 53 minutes 53 seconds west a distance of 198.17 feet; thence, north 0 degrees 20 minutes 21 seconds west a distance of 11.99 feet; thence, north 89 degrees 53 minutes 53 seconds west a distance of 209.55 feet to a point, said point on the east margin of Ellis Drive; thence, north 4 degrees 51 minutes east along the east margin of Ellis Drive a distance of 992.38 feet to the south margin of Baytree Road; thence, from said point continuing eastwardly along the south margin of Baytree Road a distance of 4010 feet more or less to a point at the intersection of said margin and the west margin of the Georgia Southern and Florida Railroad right-of-way; thence, continuing eastwardly along the south margin of Baytree Road to its intersection with the west margin of Melody Lane; thence, running southerly along the west margin of Melody Lane to the Southern end of Melody Lane; thence, running due south to the center of the run of One Mile Branch; thence, running westerly along the meanderings of the center of the run of said One Mile Branch to the west margin of

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Gordon Street; thence, running north 33 degrees 37 minutes west along the west margin of Gordon Street a distance of 469 feet; thence, running south 40 degrees west 216 feet to the east margin of the right-of-way of the Georgia Southern and Florida Railroad; thence, running north along said east margin of said railroad right-of-way a distance of 765 feet; thence, running south 40 degrees west to the center of the run of Sugar Creek; thence, running southerly and easterly along the meanderings of the center of the run of Sugar Creek to its intersection with One Mile Branch; thence, south 58 degrees 29 minutes east a distance of 141.3 feet along Sugar Creek to a point; thence, south 47 degrees 18 minutes east a distance of 100.35 feet along Sugar Creek to a point; thence, south 51 degrees 48 minutes east a distance of 91.30 feet along Sugar Creek to a point; thence, south 47 degrees 22 minutes east a distance of 90.33 feet along Sugar Creek to a point; thence, south 50 degrees 12 minutes east a distance of 90.82 feet along Sugar Creek to a point; thence, south 48 degrees 28 minutes east a distance of 90.13 feet along Sugar Creek to a point; thence, south 44 degrees 41 minutes east a distance of 90.07 feet along Sugar Creek to a point; thence, south 49 degrees 38 minutes east a distance of 88.13 feet along Sugar Creek to a point, said point also being on the north right-of-way of Lankford Drive; thence, along the north right-of-way of Lankford Drive, north 48 degrees 25 minutes east a distance of 146.43 feet; thence, north 41 degrees 35 minutes west a distance of 144.03 feet along the east margin of Lankford Circle (private road) to a point; thence, north 9 degrees 35 minutes west a distance of 258.05 feet to a point on the west right-of-way of the Georgia Southern and Florida Railroad; thence, southeasterly along the west margin of said railroad to a point, said point being the intersection of the center of the run of a small creek with the west margin right-of-way of Georgia Southern and Florida Railroad; thence, south 86 degrees 28 minutes 30 seconds west a distance of 114.00 feet along small creek; thence, north 70 degrees 51 minutes west a distance of 116.40 feet along said creek; thence, south 79 degrees 37 minutes west a distance of 120.68 feet along said creek; thence, south 60 degrees 25 minutes west a distance of 148.06 feet along said creek; thence, south 41 degrees 49

Page 4293

minutes east a distance of 207.08 feet along said creek; thence, south 38 degrees 44 minutes east a distance of 101.69 feet along said creek; thence, south 22 degrees 26 minutes 30 seconds west a distance of 70.32 feet along said creek; thence, south 06 degrees 44 minutes east a distance of 61.62 feet along said creek; thence, south 20 degrees 42 minutes east a distance of 61.09 feet along said creek; thence, south 20 degrees 24 minutes east a distance of 61.03 feet along said creek; thence, south 01 degrees 39 minutes east a distance of 31.01 feet along said creek; thence, south 18 degrees 10 minutes west a distance of 79.62 feet along said creek; thence, south 02 degrees 49 minutes 49 seconds east a distance of 43.56 feet along said creek; thence, south 22 degrees 41 minutes west a distance of 62.53 feet along said creek; thence, south 24 degrees 58 minutes east a distance of 63.59 feet along said creek; thence, south 12 degrees 41 minutes east a distance of 69.19 feet along said creek; thence, south 07 degrees 17 minutes east a distance of 63.95 feet along said creek; thence, south 12 degrees 00 minutes east a distance of 38.63 feet along said creek; thence, south 22 degrees 45 minutes east a distance of 96.13 feet along said creek; thence, south 02 degrees 58 minutes 33 seconds east a distance of 60.01 feet along said creek to the south right-of-way of Magnolia Street; thence, south 01 degrees 02 minutes 23 seconds east a distance of 145.43 feet to a point; thence, south 13 degrees 36 minutes 20 seconds west along the center run of said creek a distance of 405.93 feet to a point; thence, south 23 degrees 44 minutes 40 seconds east along the center run of said creek a distance of 48.79 feet to a point; thence, north 77 degrees 17 minutes 07 seconds east a distance of 323.04 feet to a point; thence, south 21 degrees 54 minutes east a distance of 631.95 feet to a point; thence, north 4 degrees 36 minutes east a distance of 21.50 feet to a point; thence, south 21 degrees 54 minutes east a distance of 203.24 feet to a point which is on the northern margin of River Street Road; thence, westerly along the north margin of River Street a distance of 801.0 feet to a point; thence, north 1 degree 3 minutes west a distance of 185.12 feet to a point; thence, south 83 degrees 6 minutes west a distance of 150 feet to a point, said point being on the east margin of Blitch

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Street; thence, south 1 degree 3 minutes east a distance of 185.12 feet to a point, said point being the northeast intersection of Blitch Street and River Street; thence, continuing south 1 degree 3 minutes a distance of 60 feet to a point on the south margin of River Street; thence, north 85 degrees 57 minutes 16 seconds east along the south right-of-way of River Street a distance of 663 feet more or less to a point, said point being the intersection of the west property line of `Barber's Pool' with River Street; thence, south 4 degrees 02 minutes 44 seconds east a distance of 360 feet to a point; thence, south 9 degrees 9 minutes 55 seconds east a distance of 637 feet to a point; thence, southwesterly to a point on the north margin of the old VMW Railroad right-of-way 960 feet easterly from the east margin of Stanley Street (measured along the north margin of said railroad right-of-way); thence, south 82 degrees west along the north right-of-way of the VMW Railroad, 960 feet to a point, said point being on the east right-of-way of St. Augustine Road (North Stanley Street); thence, north along the curving east right-of-way of St. Augustine Road an arc distance of 101.02 feet to a point; thence, north 34 degrees 14 minutes west a distance of 935.09 feet to a point; thence, north along the curving east right-of-way of St. Augustine Road an arch distance of 236.33 feet to a point; thence, north 66 degrees 21 minutes 30 seconds east a distance of 312.75 feet to a point; thence, north 2 degrees 17 minutes west a distance of 179.17 feet to a point; thence, north 89 degrees 44 minutes 57 seconds west a distance of 79.96 feet to a point; thence, north 2 degrees 08 minutes 30 seconds east a distance of 200.00 feet to a point on the south right-of-way of River Street Extension; thence, along said right-of-way south 88 degrees 29 minutes 30 seconds west a distance of 369.18 feet to a point where the south right-of-way of River Street Extension intersects the east right-of-way of St. Augustine Road; thence, south 84 degrees 42 minutes west a distance of 62.39 feet to a point, said point being located on the west right-of-way of St. Augustine Road; thence, along the west right-of-way of St. Augustine Road south 21 degrees 14 minutes east a distance of 348.00 feet to a point; thence, along the curving right-of-way whose bearing and cord length is south 27 degrees 44 minutes east 439.20 feet (arc

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440.14 feet) to a point; thence, south 34 degrees 14 minutes east a distance of 935.9 feet to a point; thence, along the surving west right-of-way of St. Augustine Road a distance of 98.14 feet to a point; thence, along the curving right-of-way in a southerly direction to the north right-of-way of Collins Drive; thence, along the curving right-of-way in a southerly direction to where it intersects the south right-of-way of Maude Street; thence, along said right-of-way of Maude Street, south 13 degrees 39 minutes east a distance of 139.91 feet to an iron pin; thence, running north 77 degrees 57 minutes east a distance of 276.56 feet to an iron pin on the west right-of-way of North Stanley Street; thence, south 48 degrees 52 minutes east along the west right-of-way of St. Augustine Road (North Stanley Street) a distance of 148 feet to the beginning of the curving 27 foot radius) tangent between the west right-of-way of St. Augustine Road and the north right-of-way of West Hill Avenue (SR 38); thence, along the curving north right-of-way of West Hill Avenue a distance of 1150 feet to the intersection of the east right-of-way of Chaney Street; thence, south 58 degrees 13 minutes west a distance of 40 feet to the intersection of the west right-of-way of Chaney Street and north right-of-way of West Hill Avenue; thence, north 16 degrees 40 minutes 46 seconds west along the west right-of-way of Chaney Street a distance of 34.0 feet to a point; thence, north 60 degrees 03 minutes 36 seconds east along the jog of Chaney Street a distance of 10.0 feet to a point; thence, north 16 degrees 40 minutes 46 seconds west along the west right-of-way of Chaney Street a distance of 159.74 feet to a point; thence, south 74 degrees 49 minutes 48 seconds west a distance of 119.56 feet to a point; thence, south 17 degrees 37 minutes 22 seconds east a distance of 224.21 feet to a point on the north right-of-way of West Hill Avenue; thence, south 58 degrees 13 minutes west along the north right-of-way a distance of 108.0 feet to the east right-of-way of Hazelton Street; thence, south 58 degrees 13 minutes west a distance of 40.0 feet to the west right-of-way of Hazelton Street; thence, along the north right-of-way of West Hill Avenue, south 58 degrees 13 minutes west a distance of 105.5 feet to a point; thence, north 34 degrees 32 minutes west a distance of 967.3 feet to a point; thence, south 82 degrees 42 minutes west a distance of

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200.2 feet to a point; thence, south 32 degrees 31 minutes east a distance of 1049.15 feet to a point on the north right-of-way of West Hill Avenue; thence, running along the north right-of-way of West Hill Avenue (U.S. 84) south 58 degrees 11 minutes west a distance of 745 feet more or less; thence, north 31 degrees 49 minutes west a distance of 300.0 feet to a point; thence, south 58 degrees 11 minutes west a distance of 400 feet to a point; thence, south 31 degrees 49 minutes west a distance of 300.0 feet; thence, south 58 degrees 11 minutes west along the north margin of U. S. Highway 84, a distance of 200 feet, more or less to the east boundary of Mathis Acres Road; thence, north 31 degrees 48 minutes west a distance of 630.0 feet; thence, south 58 degrees 11 minutes west a distance of 610.8 feet; thence, north 32 degrees 48 minutes west a distance of 514.50 feet; thence, running south 58 degrees 24 minutes west approximately 408.4 feet to the east margin of the right-of-way of Interstate Highway No. 75; thence, north 31 degrees 06 minutes west along the east right-of-way of I-75 a distance of 366 feet more or less to a point; thence, north 24 degrees 41 minutes west along the east right-of-way of I-75, 1070 feet more or less to a point; thence, south 65 degrees 19 minutes west a distance of 300.0 feet to the west right-of-way of I-75; thence, north 88 degrees 10 minutes west a distance of 316.00 feet to a point, on the east right-of-way of Briarwood Drive; thence, south 29 degrees 58 minutes east along the east right-of-way of Briarwood Drive a distance of 519.20 feet to a point; thence, south 28 degrees 28 minutes east along the east right-of-way of Briarwood Drive a distance of 424.00 feet to a point; thence, north 65 degrees 19 minutes east a distance of 205.00 feet to a point on the west right-of-way of I-75; thence, south 18 degrees 40 minutes east along the west right-of-way of I-75 a distance of 386.25 feet to a point where the 16/17th Land Lot Line intersects the west right-of-way of I-75; thence, south 3 degrees 55 minutes east a distance of 735 feet more or less along the west right-of-way of I-75 to a point; thence, south 86 degrees 05 minutes west a distance of 80.0 feet to a point on the west margin of the right-of-way of Briarwood Drive, said point being the intersection of the west margin of said right-of-way and the east boundary of the property of the Standard Oil Company; thence, running

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south 58 degrees 54 minutes west approximately 232.0 feet to the west boundary of Standard Oil Company; thence, running South 26 degrees 11 minutes east along the west boundary of said property approximately 578.0 feet to the north right-of-way of U. S. Highway No. 84; thence, south 58 degrees west along the north right-of-way of U. S. Highway No. 84 a distance of 99.61 feet to a point; thence, north 27 degrees west a distance of 1122.0 feet to a point; thence, south 57 degrees 30 minutes west a distance of 226.50 feet to a point; thence, south 27 degrees east a distance of 1132.0 feet to a point on the north right-of-way of U. S. Highway 84; thence, running perpendicular to the right-of-way of U. S. Highway 84, a distance of 140.00 feet to a point on the south right-of-way of U.S. Highway 84; thence, north 58 degrees east along the south right-of-way of U. S. Highway 84 a distance of 29.10 feet to a point; thence, south 27 degrees 57 minutes east a distance of 295.0 feet to a point; thence, north 59 degrees 02 minutes east a distance of 325.0 feet to a point; thence, south 27 degrees 55 minutes east a distance of approximately 532 feet to a point on the north margin of the right-of-way of SCL Railroad; thence, running north 63 degrees 53 minutes east approximately 4854.0 feet to the east boundary of the property of SCL Railroad; thence, north 16 degrees 56 minutes west 863.3 feet; thence, north 14 degrees 16 minutes west 170.5 feet to the south margin of the right-of-way of West Hill Avenue (U. S. Highway No. 84); thence, running easterly along the south margin of said right-of-way a distance of 67.0 feet to the west margin of the right-of-way of South Stanley Street; thence, running south along the west margin of Stanley Street to the Southern margin of Dukes Bay Drainage Canal; thence, running easterly along the south margin of Dukes Bay Drainage Canal to the east margin of Myddleton Avenue; thence, running southeasterly in a straight line to a point on the west margin of the right-of-way of Valdosta Southern Railroad main line which point is located twelve hundred thirtyseven and six tenths (1237.6) feet northerly from the centerline of the Old Clyattville Road measured along the west margin of the last mentioned railroad right-of-way; thence, running southeasterly in a straight line to a point on the centerline of Old Clyattville Road 367 feet westerly from the

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centerline of the Georgia Southern and Florida Railroad, Palatka Division; thence, running southeasterly parallel with the last mentioned railroad to the centerline of a certain railroad side track located in the yards of the Langdale Company (which side track intersects the southern margin of the Georgia Southern and Florida Railroad right-of-way at a point approximately 980 feet from the west margin of the right-of-way of Georgia State Highway No. 31, measured along the south margin of said Georgia Southern and Florida Railroad right-of-way); thence, running southerly along the centerline of said railroad side tarck to its intersection with the east margin of the right-of-way of the Valdosta Southern Railroad; thence, running southerly along the east margin of said last mentioned right-of-way to the original south line of Land Lot No. 63 in the 11th Land District of Lowndes County, Georgia; thence, running easterly along said south line of said Lot No. 63 a distance of 276.5 feet; thence, running north 1 degree west a distance of 316.1 feet; thence, running north 89 degrees east to the west margin of the right-of-way of Madison Highway (Georgia State Highway No. 31); thence, running southerly along the west margin of said Madison Highway a distance of 1281 feet to a point; thence, south 88 degrees 07 minutes west a distance of 217.87 feet; thence, north 11 degrees 14 minutes west a distance of 100.00 feet; thence, south 88 degrees 07 minutes west a distance of 7.2 feet; thence, north 11 degrees 14 minutes west a distance of 226.11 feet; thence, south 88 degrees 12 minutes 56 seconds west a distance of 1238.75 feet to a point located on the east margin of the Valdosta Southern Railroad right-of-way; thence, continuing south 88 degrees 12 minutes 56 seconds west a distance of 154.09 feet to the west margin of said right-of-way; thence, northerly along the west margin of said right-of-way to a point located on the north land line of Land Lot No. 64 approximately 645 feet from last mentioned point; thence, south 88 degrees 12 minutes 19 seconds west a distance of 3560.54 feet to a point; thence, south 0 degrees 08 minutes east a distance of 486.55 feet; thence, south 1 degree 14 minutes east a distance of 487.68 feet; thence, south 83 degrees 18 minutes west a distance of 52.60 feet; thence, south 1 degree 22 minutes east a distance of 539.65 feet to a point located on the east margin

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of the Valdosta-Clyattville Road; thence, south 32 degrees 19 minutes 53 seconds east a distance of 791.99 feet along the east margin of said road to a point; thence, south 86 degrees 51 minutes west 91.48 feet to a point located on the west margin of the Valdosta-Clyattville Road; thence, south 61 degrees 51 minutes 07 seconds west a distance of 366.60 feet to a point located on the west line of Land Lot No. 64; thence, running south 2 degrees 09 minutes 09 seconds east a distance of 2730.03 feet along said Land Lot Line to a point located in the center of the run of Mud Swamp Creek; thence, north 89 degrees 40 minutes 08 seconds east along the meanderings of Mud Swamp Creek a distance of 215.48 feet to a point; thence, north 57 degrees 49 minutes 53 seconds east a distance of 400.25 feet to a point; thence, north 68 degrees 38 minutes 37 seconds east a distance of 410.22 feet to a point; thence, north 61 degrees 32 minutes 25 seconds east a distance of 402.00 feet to a point; thence, north 81 degrees 17 minutes 41 seconds east a distance of 383.42 feet to a point located on the west margin of the Valdosta-Clyattville Road; thence, north 57 degrees 40 minutes east a distance of 80.00 feet to a point located on the east margin of the last mentioned road; thence, north 85 degrees 27 minutes 40 seconds east a distance of 448.51 feet to a point; thence, north 80 degrees 04 minutes 52 seconds east a distance of 391.67 feet to a point located on the west margin of the Valdosta Southern Railroad right-of-way; thence, south 78 degrees 33 minutes east a distance of 150.00 feet to the east margin of said railroad right-of-way; thence, north 69 degrees 57 minutes 35 seconds east a distance of 482.41 feet to a point; thence, north 84 degrees 18 minutes east a distance of 409.78 feet to a point; thence, north 78 degrees 53 minutes east a distance of 201.56 feet to a point; thence, north 41 degrees 52 minutes east a distance of 194.67 feet to a point; thence, north 74 degrees 25 minutes 20 seconds east a distance of 30.63 feet to a point; thence, south 14 degrees 38 minutes 03 seconds west a distance of 2286.92 feet to a point; thence, south 02 degrees 07 minutes 48 seconds east a distance of 1100.45 feet to a point; thence, south 87 degrees 52 minutes 05 seconds west a distance of 827.84 fee to a point; thence, north 28 degrees 51 minutes 10 seconds west a distance of 688.66 feet to a point located on the east margin of the

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Valdosta Southern Railroad; thence, south 11 degrees 58 minutes 32 seconds west a distance of 4232.59 feet along the east margin of the Valdosta Southern Railroad to a point; thence, north 23 degrees 44 minutes 05 seconds west a distance of 263.92 feet to a point; thence, south 42 degrees 46 minutes west a distance of 2281.22 feet to a point; thence, south 40 degrees 24 minutes east a distance of 595.54 feet to a point; thence, north 41 degrees 56 minutes 32 seconds east a distance of 864.39 feet along the north right-of-way line of the Valdosta Southern Railroad to a point, being the point of tangent of the curve, then following the right-of-way line through a 2 degree 53 minutes curve a distance of 1039.28 feet to a point, being the point of a curve; thence, north 11 degrees 58 minutes 32 seconds east along the north right-of-way line of the Valdosta Southern Railroad a distance of 581.08 feet to a point; thence, south 23 degrees 44 minutes 05 seconds east a distance of 263.02 feet to a point; thence, south 11 degrees 58 minutes 32 seconds west a distance of 366.30 feet to a point of curve on the south right-of-way line of the Valdosta Southern Railroad; thence, following the right-of-way line a distance of 1116.78 feet through a 2 degree 41 minute curve to the point of tangent; thence, south 41 degrees 56 minutes 32 seconds west a distance of 884.58 feet along the south right-of-way line of the Valdosta Southern Railroad to a point; thence, south 40 degrees 24 minutes east a distance of 654.26 feet to a point; thence, south 55 degrees 46 minutes east a distance of 431.72 feet to a point; thence, north 25 degrees 42 minutes east a distance of 3076.88 feet to a point; thence, north 89 degrees 12 minutes east a distance of 1863.76 feet to a point; thence, south 10 degrees 46 minutes east a distance of 3614.89 feet to a point; thence, north 79 degrees 15 minutes 25 seconds east a distance of 75.0 feet to a point; thence, south 10 degrees 46 minutes east a distance of 1599.97 feet to a point; thence, north 79 degrees 14 minutes east a distance of 725.0 feet to a point; thence, south 10 degrees 46 minutes east a distance of 549.75 feet to a point; thence, north 86 degrees 47 minutes east a distance of 302.62 feet to a point; thence, north 10 degrees 46 minutes west a distance of 589.51 feet to a point; thence, north 79 degrees 14 minutes east a distance of 521.62 feet to a point, said point being on the west right-of-way

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of the Madison Highway (GA 31); thence, along said right-of-way north 10 degrees 35 minutes 46 seconds east a distance of 198.75 feet to a point; thence, north 86 degrees 38 minutes 59 seconds west a distance of 121.0 feet to a point; thence, north 1 degree 19 minutes 59 seconds west a distance of 1403.63 feet along the east Land Lot Line, No. 73 to a point; thence, north 1 degree 29 minutes 38 seconds west a distance of 323.10 feet to a point; thence, north 1 degree 17 minutes 46 seconds west a distance of 1018.8 feet to a point on the west margin of Madison Highway; thence, north 79 degrees 17 minutes 28 seconds east a distance of 100.00 feet to a point on the east margin of Madison Highway; thence, along the east margin of the Madison Highway North 10 degrees 42 minutes 32 seconds west a distance of 8837.78 feet to a point, said point being the center of Mud Creek; thence, along the east margin of Madison Highway west 11 degrees 14 minutes west a distance of 2535.44 feet to a point; thence, north 69 degrees 02 minutes 04 seconds east a distance of 1978.84 feet; thence, north 12 degrees 17 minutes west a distance of 1037.05 feet; thence, south 69 degrees 19 minutes 43 seconds west a distance of 1957.85 feet to a point located on the east margin of State Road No. 31; thence, running northerly a distance of 1170.50 feet to the intersection of the east margin of said Madison Highway and the south margin of Tucker Road; thence, running easterly along the south margin of Tucker Road to the east margin of the right-of-way of the Georgia Southern and Florida Railroad, Palatka Division; thence, running southeasterly along the east margin of said last mentioned right-of-way to the southern most corner of the State Farmers Market property in said county; thence, running north 40 degrees 32 minutes east seven hundred forty-seven (747) feet; thence, running southeasterly parallel with the west margin of the right-of-way of U. S. Highway No. 41 (South Patterson Street) a distance of three hundred (300) feet; thence, running north 40 degrees 32 minutes east to the east margin of the last mentioned highway right-of-way; thence, running northerly along the east margin of said U. S. Highway right-of-way to the east margin of South Lee Street; thence, running northerly along the east margin of South Lee Street to the south margin of the right-of-way of Georgia State Highway

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No. 94; thence, running easterly along the south margin of said State Highway No. 94 right-of-way to the original east line of Land Lot Number 76 in the 11th Land District of said County; thence, running northerly along the east original line of said Land Lot Number 76 and Land Lot Number 77 in said Land District to an iron pin located in the approximate center of Ulmer Avenue, said iron pin is located at the northwest corner of Land Lot Number 109 in the 11th Land District; thence, north 89 degrees 00 minutes east along the south Land Lot Line, a distance of 30 feet to the east right-of-way of Ulmber Avenue; thence, south 0 degrees 33 minutes 04 seconds east a distance of 250 feet along the east right-of-way to a point; thence, north 89 degrees 0 minutes 0 seconds east a distance of 375.02 feet to a point; thence, north 0 degrees 06 minutes 59 seconds east a distance of 250.04 feet to a point on the 76th and 77th Land Lot Line; thence, north 89 degrees 0 minutes east along the south Land Lot Line of Land Lot 108, a distance of 435.52 feet to an iron pin; thence, north 3 degrees 6 minutes, 19 seconds east a distance of 18.86 feet to a point; thence south 84 degrees 44 minutes 42 seconds east a distance of 64.20 feet to a point; thence, south 7 degrees 43 minutes 18 seconds west a distance of 11.96 feet to a point; thence, north 89 degrees east a distance of 1225.67 feet to a point; thence, north 16 degrees 12 minutes 56 seconds west a distance of 311.18 feet to a point; thence, north 73 degrees 59 minutes 06 seconds east a distance of 305.76 feet to a point; thence, north 16 degrees 12 minutes 56 seconds west a distance of 626.56 feet to a point on the south right-of-way of Old Statenville Road; thence, north 73 degrees 50 minutes east along the south right-of-way of Old Statenville Road a distance of 201.40 feet to a point; thence, along the arc which length is 225.3 feet to a point; thence, north 71 degrees 01 minutes east along the south right-of-way of Old Statenville Road a distance of 167.30 feet to a point which is the intersection of the south right-of-way of Old Statenville Road and the west right-of-way of Clay Road; thence, north 1 degree 31 minutes west a distance of 84.3 feet to a point where the north right-of-way of Old Statenville Road and the west right-of-way of Clay Road intersects; thence, north 3 degrees 41 minutes west a distance of 2443.98 feet along Clay Road to the south margin of the

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Georgia Southern and Florida Railroad; thence, south 87 degrees 45 minutes west a distance of 2647.67 feet along the south margin of the Georgia and Florida Railroad; thence, running northerly along the east original line of Land Lots Numbers 77 and 78 in said Land District to the south margin of the right-of-way of the S.C.L. Railroad; thence, running easterly along the southern margin of the last mentioned railroad right-of-way to a point, said point being the intersection of the southern margin of the Seaboard Coastline Road and the west margin of the Industrial Boulevard, formerly known as Clay Road; thence, running south 5 degrees 35 minutes east along the west margin of Industrial Boulevard a distance of 1049.18 feet to a point; thence, running along the west margin of said Boulevard and along a curve whose radius is 17,148.8 feet a distance of 982.71 feet; thence, running south 52 degrees 18 minutes east along the west margin of Industrial Boulevard a distance of 1434.65 feet to a point, said point being on the north right-of-way of the Georgia Southern and Florida Railroad; thence, running north 89 degrees 10 minutes east a distance of 86.02 feet to a concrete monument; thence, running north 89 degrees 10 minutes east along the north margin of the Georgia Southern Railroad right-of-way a distance of 2077.43 feet to a concrete monument; thence, running north 1 degree 49 minutes west a distance of 1024.25 feet to a point; thence, running south 88 degrees 42 minutes 40 seconds west a distance of 2091.71 feet to a concrete monument on the east margin of Industrial Boulevard; thence, running north 2 degrees 18 minutes west along the east margin of said Industrial Boulevard a distance of 384.00 feet more or less to a point; thence, north 87 degrees 42 minutes west a distance of 300 feet to a point; thence, north 2 degrees 18 minutes west a distance of 66 feet to a point; thence, south 87 degrees 42 minutes east a distance of 300 feet to a point; thence, running along the east margin of said Boulevard and along a curve whose radius is 17,228.8 feet a distance of 976.30 feet to a point; thence, running north 05 degrees 35 minutes west along the east margin of said Boulevard a distance of 1078.00 feet to a point, said point being the intersection of the south right-of-way of the Seaboard Coastline Railroad and the east margin of the Industrial Boulevard; thence, running easterly along the

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south margin of said railroad to the original west land lot line of Land Lot No. 153 in the 11th Land District; thence, running northerly along the course of the said west line of said Land Lot Number 153 to the center of the run of Knights Creek; thence, running in a generally westerly direction up the meanderings of the center of the run of Knight's Creek to the original east line of the Land Lot Number 106 in the 11th Land District of said County; thence, running due west to the east margin of the right-of-way of the Georgia and Florida Railroad; thence, running northerly along the east margin of said Georgia and Florida Railroad right-of-way to the north margin of the right-of-way of of Georiga State Highway No. 31 and the POINT OF BEGINNING. Provided, however, that there is excepted and excluded from the territory within the corporate limits of said City the following described area, to wit: (1) Beginning at the intersection of the west margin of South Patterson Street (U. S. Highway No. 41), in Lowndes County, Georgia, with the south margin of Dampier Street, and from said intersection running westerly along the south margin of Dampier Street approximately 975 feet to the center of the drainage ditch or canal; thence, running southerly along the center of said drainage ditch to the north margin of the right-of-way of Tucker Road; thence, running easterly along the north margin of the right-of-way of Tucker Road to the west margin of the right-of-way of U. S. Highway No. 41; thence, running northerly along the west margin of the right-of-way of said U. S. Highway No. 41 to a point 78 feet northerly from the north margin of Lela Avenue (measured along the west margin of the right-of-way of said U. S. Highway No. 41); thence, running southwesterly at right angles with said Highway right-of-way a distance of four hundred sixty feet (460); thence, running northwesterly parallel with said highway right-of-way a distance of sixty feet (60); thence, running northeasterly perpendicular to said highway right-of-way four hundred sixty feet (460) to the west margin of said highway right-of-way; thence, running northwesterly along the west margin of said highway right-of-way to a point 175 feet south of the south right-of-way of Dampier Street; thence, south 40

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degrees 40 minutes west a distance of 145 feet to a point; thence, north 50 degrees 0 minutes west a distance of 100.0 feet to a point; thence, north 40 degrees 40 minutes east a distance of 145.0 feet to a point, said point being on the west right-of-way of South Patterson Street (Ga 7); thence, along the west right-of-way of said street, north 50 degrees 0 minutes west a distance of 75.0 feet to a point, said point being the intersection of the south right-of-way of Dampier Street and the west right-of-way of Patterson Street and the POINT OF BEGINNING. (2) Beginning on the intersection of the east boundary of Land Lot No. 77, 11th Land District of Lowndes County and the east boundary of Lake Park Road, said point being also 1082.5 feet plus or minus along the east margin of Lake park Road from the intersection of the south margin of Bethune Street and the east margin of Lake Park Road; thence, running northerly along the boundary of Land Lot No. 77, a distance of 63 feet more or less to a point; thence, north 32 degrees 48 minutes 30 seconds east a distance of 475.17 feet to a point; thence, north 42 degrees 10 minutes 00 seconds west a distance of 285.40 feet to a point; thence, south 33 degrees 14 minutes 12 seconds west a distance of 135.24 feet to a point on the east boundary of Land Lot No. 77; thence, northerly along the east boundary of Land Lot 77 to a point, said point being a distance of 141.85 feet on a bearing of south 15 degrees 25 minutes west, south of south margin of Morningside Drive; thence, south 15 degrees 25 minutes east a distance of 219.95 feet to a point; thence, south 43 degrees 24 minutes east a distance of 111.32 feet to a point; thence, south 42 degrees 1 minute east a distance of 867.90 feet to a point on the north margin of the Old Statenville Road; thence, running westerly along said margin a distance of 768 feet more or less to the east boundary of Land Lot No. 77, and the POINT OF BEGINNING. (3) Beginning at the intersection of the south margin of Morningside Drive and the projected west margin of Woodgate Drive and from said intersection running south 2 degrees 53 minutes east a distance of 1062 feet, more or less to the north margin of the Old Statenville Road;

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thence, easterly along said margin a distance of 60.0 feet; thence, north 2 degrees 58 minutes west a distance of 1062 feet, more or less to the intersection of the projected south margin of Morningside Drive with the projected east margin of Woodgate Drive; thence, westerly along the projected south margin of Morningside Drive to the POINT OF BEGINNING. (4) Beginning at a concrete monument at the intersection of the southern right-of-way of U. S. Highway 84 and the west right-of-way of 1-75; thence, proceeding south 59 degrees 02 minutes west along the south right-of-way of U. S. Highway 84 a distance of 499.75 feet to the POINT OF BEGINNING; thence, south 59 degrees 02 minutes west along the south right-of-way of U. S. Highway 84, a distance of 175.0 feet to a point; thence, south 27 degrees 57 minutes east a distance of 150.0 feet to a point; thence, north 59 degrees 02 minutes east a distance of 175.0 feet to a point; thence, north 27 degrees 57 minutes west a distance of 150.0 feet to a point, on the south right-of-way of U. S. Highway 84 and the POINT OF BEGINNING. (5) Beginning at the intersection of the north right-of-way of Baytree Road and the west right-of-way of the Georgia Southern Railroad; thence, proceeding along the west right-of-way of the Georgia Southern Railroad, north 19 degrees 29 minutes 30 seconds west a distance of 2386.21 feet to a point; thence, south 80 degrees 50 minutes 00 seconds west a distance of 50 feet to a point, said point being the POINT OF BEGINNING. thence, south 80 degrees 50 minutes 00 seconds west a distance of 278.26 feet to a point; thence, north 74 degrees 18 minutes 48 seconds west a distance of 1287.57 feet to a point; thence, north 1 degree 29 minutes 00 seconds east a distance of 656.70 feet to a point; thence, south 88 degrees 31 minutes 00 seconds east a distance of 1416.44 feet to a point; thence, south 16 degrees 55 minutes 00 seconds west, parallel to the railroad right-of-way to the POINT OF BEGINNING. (6) Beginning at a point where the north right-of-way of Baytree Road intersects the west right-of-way of the

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Georgia Southern Railroad, said point being the POINT OF BEGINNING. thence, along the north right-of-way of Baytree Road, south 87 degrees 55 minutes 44 seconds west a distance of 2679.38 feet to a point where the right-of-way intersects the 11th and 12th Land District line; thence, along the 11th and 12th Land District line, north 1 degree 29 minutes 10 seconds west a distance of 477.50 feet to a point; thence, north 87 degrees 55 minutes 44 seconds east a distance of 300.0 feet to a point; thence, south 1 degree 29 minutes 10 seconds east a distance of 25.0 feet to a point; thence, north 87 degrees 55 minutes 44 seconds east a distance of 2200.04 feet to a point on the west right-of-way of the Georgia Southern Railroad; thence, along said right-of-way south 19 degrees 29 minutes 30 seconds east a distance of 486.83 feet to a point, said point being the POINT OF BEGINNING. (7) Beginning at a point where the north right-of-way of Baytree Road intersects the east right-of-way of Gornto Road, said point being the POINT OF BEGINNING. thence, along the east right-of-way, north 1 degree 11 minutes 28 seconds west a distance of 182.21 feet to a point; thence, north 87 degrees 55 minutes 44 seconds east a distance of 782.57 feet to a point; thence, south 1 degree 29 minutes 10 seconds east a distance of 182.21 feet to a point on the north right-of-way of Baytree Road; thence, along the north right-of-way south 87 degrees 55 minutes 44 seconds west a distance of 783.58 feet to a point, said point being the POINT OF BEGINNING. (8) Beginning at a point where the north right-of-way of Baytree Road intersects the east right-of-way of Gornto Road; thence, along the east right-of-way north 1 degree 11 minutes 28 seconds west a distance of 425.89 feet to a point, said point being the POINT OF BEGINNING. thence, north 88 degrees 44 minutes 32 seconds east a distance of 155.0 feet to a point; thence, north 1 degree 11 minutes 28 seconds west a distance of 229.55 feet to a point; thence, south 87 degrees 55 minutes 44 seconds west a distance of 106.87 feet to a point on the right-of-way of Gornto Road; thence, along the curve of the east right-of-way of Gornto Road, in a southerly direction to the POINT OF BEGINNING.

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(9) Beginning at the intersection of the west right-of-way of North Forrest Street with the south right-of-way of Northside Drive; thence, south 78 degrees 16 minutes west a distance of 130.0 feet along the south right-of-way of Northside Drive to a point, said point being the POINT OF BEGINNING. thence, south 1 degree 55 minutes east a distance of 83.44 feet to a point; thence, south 88 degrees 05 minutes west a distance of 389.88 feet to a point, said point being on the east right-of-way of Deborah Drive; thence, north 1 degree 02 minutes west along the east right-of-way of Deborah Drive a distance of 19.72 feet to a point, said point being on the south right-of-way of Northside Drive; thence, along the south right-of-way of Northside Drive, north 78 degrees 16 minutes east a distance of 336.60 feet to a point, said point being the POINT OF BEGINNING. (10) Beginning at a point where the west right-of-way of Deborah Drvie intersects the south right-of-way of Northside Drive; thence, along the south right-of-way of Northside Drive, south 78 degrees 16 minutes west a distance of 127.78 feet to a point, said point being the POINT OF BEGINNING. thence, south 1 degree 42 minutes east a distance of 2028.31 feet to a point on the north right-of-way of Pineview Drive; thence, running south 85 degrees 02 minutes west along the north margin of Pineview Drive to a point 140 feet east of Dukes Avenue; thence, northerly and parallel with Dukes Avenue a distance of 239 feet; thence, south 89 degrees 10 minutes east 150 feet; thence, north 11 degrees 15 minutes east 240 feet; thence, north 89 degrees 10 minutes west a distance of 150 feet; thence, north 11 degrees 15 minutes east 80 feet; thence, north 89 degrees 10 minutes west a distance of 150 feet to a point on the east margin of Dukes Avenue; thence, northerly along the east margin of Dukes Avenue a distance of 80 feet to a point, being the intersection of the east margin of Dukes Avenue with the south margin of Randolph Street; thence, south 89 degrees 10 minutes east along the south margin of Randolph Street a distance of 377.57 feet to a point; thence, north 00 degrees 50 minutes east a distance of 40 feet to a point on the north margin of Randolph Street; thence, due north a distance of 372.24 feet to a point; thence,

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south 89 degrees 00 minutes west a distance of 96.25 feet to a point; thence, south 05 degrees 36 minutes west a distance of 370.4 feet to a point on the north margin of Randolph Street; thence, north 89 degrees 10 minutes west along the north margin of Randolph Street a distance of 324.57 feet to a point; thence, southerly along the centerline of Dukes Avenue to a point on the north margin of Pineview Drive; thence, westerly along the north margin of Pineview Drive to the east margin of Bemis Road; thence, running northerly along the east margin of Bemis Road a distance of 572.92 feet to a point; thence, running easterly 248.8 feet to a point on the west margin of a 10 foot alley, said point being 80.0 feet from the south margin of Randolph Street measured along the west margin of said alley; thence, running northerly along the west margin of said 10 foot alley a distance of 80 feet to a point on the south margin of Randolph Street; thence, running westerly along the south margin of Randolph Street a distance of 246.0 feet to a point, said point being the southeast intersection of Bemis Road and Randolph Street; thence, running northerly along the east margin of Bemis Road to a point located 502.81 feet south of the centerline of Habersham Road on the east margin of Bemis Road; thence, south 87 degrees 07 minutes 40 seconds east a distance of 355.96 feet; thence, south 88 degrees 09 minutes east a distance of 432.33 feet; thence, south 88 degrees 57 minutes east a distance of 738.39 feet; thence, south 88 degrees 57 minutes east a distance of 51.00 feet; thence, south 2 degrees 15 minutes 30 seconds west a distance of 375.00 feet; thence, north 83 degrees 47 minutes 15 seconds east a distance of 198.50 feet; thence, north 88 degrees 39 minutes 52 seconds east a distance of 120.10 feet; thence, south 76 degrees 39 minutes 46 seconds east a distance of 114.10 feet; thence, north 40 degrees 50 minutes 59 seconds east a distance of 186.59 feet; thence, north 62 degrees 00 minutes 27 seconds east a distance of 170.00 feet; thence, north 27 degrees 59 minutes 33 seconds west a distance of 50.00 feet; thence, north 62 degrees 00 minutes 27 seconds east a distance of 150.00 feet; thence, north 27 degrees 59 minutes 33 seconds west a distance of 200.00 feet; thence, north 17 degrees 00 minutes 27 seconds east a distance of 113.14 feet; thence, north 62 degrees 00

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minutes 27 seconds east a distance of 100.00 feet; thence, north 57 degrees 32 minutes 48 seconds east a distance of 139.93 feet; thence, north 34 degrees 04 minutes 21 seconds east a distance of 176.17 feet; thence, north 6 degrees 13 minutes 21 seconds east a distance of 161.16 feet; thence, north 55 degrees 21 minutes 31 seconds west a distance of 21.23 feet; thence, north 10 degrees 24 minutes 14 seconds west a distance of 146.42 feet to a point on the southern margin of Northside Drive; thence, along the south right-of-way of Northside Drive, north 79 degrees 38 minutes east a distance of 818.01 feet to a point, said point being the POINT OF BEGINNING. (11) Beginning at the intersection of the north right-of-way of Gornto with the east tangent point of the radius of High Point Drive; thence, north 46 degrees 29 minutes east along Gornto Road a distance of 401.54 feet to a point (south boundary of Woodvalley V); thence, north 43 degrees 31 minutes west a distance of 149.58 feet to a point; thence, south 46 degrees 29 minutes west a distance of 421.67 feet to a point, which is on the east right-of-way of High Point Drive; thence, south 43 degrees 31 minutes east along High Point Drive a distance of 129.67 feet to a point; thence, along the radius between High Point Drive and Gornto Road, which chord is south 88 degrees 31 minutes east a distance of 31.42 feet, said point being the POINT OF BEGINNING. (12) Beginning at a point where the centerline of Mud Creek intersects the west right-of-way of the Madison Highway (SR 31); thence, south 79 degrees 55 minutes 55 seconds west a distance of 133.20 feet to a point; thence, north 81 degrees 01 minutes west a distance of 36.70 feet to a point; thence, north 80 degrees 17 minutes west a distance of 112.57 feet to a point; thence, north 85 degrees 23 minutes west a distance of 219.51 feet to a point; thence, north 86 degrees 44 minutes east a distance of 145.95 feet to a point; thence, north 09 degrees 32 minutes east a distance of 360.00 feet to a point; thence, north 80 degrees 28 minutes east a distance of 627.36 feet to a point located on the west right-of-way of the Madison Highway; thence, along the west right-of-way south 11 degrees 14 minutes

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east a distance of 789.50 feet to a point, said point being the POINT OF BEGINNING. (13) Beginning at a point where the south right-of-way of Northside Drive intersects the west right-of-way of Bemis Road (GA 125); thence, along the south right-of-way of Northside Drive north 78 degrees 23 minutes west a distance of 170.76 feet to a point; thence, north 78 degrees 29 minutes west a distance of 4.22 feet to a point on the south margin of Northside Drive, said point being the POINT OF BEGINNING; thence, south 16 degrees 22 minutes west a distance of 171.75 feet to a point; thence, south 89 degrees 01 minutes east a distance of 175.0 feet to a point, said point is on the west right-of-way of Bemis Road; thence, south 19 degrees 30 minutes west along the west right-of-way of Bemis Road 150 feet to Land Lot Line 80/81; thence, westwardly along the 80/81 Land Lot Line to a point, said point being 330.0 feet east of the intersection of the 58, 59, 80 and 81st Land Lot Line; thence, north 17 degrees 14 minutes west a distance of 332.5 feet to a point on the south right-of-way of Northside Drive; thence, easterly along the curving south right-of-way of Northside Drive to said POINT OF BEGINNING. (14) Beginning at a point on the east right-of-way of North Ashley Street and the south right-of-way of Northside Drive, said point being the POINT OF BEGINNING; thence, north 67 degrees 45 minutes east along the south right-of-way of Northside Drive a distance of 2062.26 feet to a point; thence, south 2 degrees 00 minutes west a distance of 10.89 feet to a point; thence, along the south right-of-way of Northside Drive in an easterly direction to a point; thence, south 17 degrees 23 minutes east a distance of 243.0 feet to a point where the 58, 59, 80 and 81st Land Lot Lines intersect; thence, south 70 degrees 02 minutes west a distance of 495.6 feet to a point; thence, running south 70 degrees 23 minutes west to a point; thence, south 69 degrees 30 minutes west to a point; thence, north 29 degrees 01 minutes west a distance of 183.15 feet to a point, said point being on the south right-of-way of Northside Drive; thence, running 67 degrees 45 minutes west a distance of 200.00 feet to the POINT OF BEGINNING.

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(15) Beginning at a point where the west right-of-way of Bemis Road intersects the south right-of-way of Connell Road, said point being the POINT OF BEGINNING; thence, north 70 degrees 08 minutes west along the south right-of-way of Connell Road a distance of 155.34 feet to a point; thence, a chord distance and bearing of north 84 degrees 21 minutes west a distance of 536.39 feet to a point; thence, south 4 degrees 20 minutes west a distance of 495.18 feet to a point; thence, south 83 degrees 27 minutes 30 seconds east a distance of 240.27 feet to a point; thence, north 19 degrees 30 minutes east a distance of 222.23 feet to a point; thence, south 70 degrees 30 minutes east a distance of 336.62 feet to a point, said point being west margin of Bemis Road; thence, north 19 degrees 30 minutes east along the west margin of Bemis Road a distance of 150.0 feet to the POINT OF BEGINNING. (16) Beginning at a point where the north right-of-way of Northside Drive intersects the east right-of-way of North Ashley Street, said point being the POINT OF BEGINNING; thence, running north 31 degrees 51 minutes west along the east right-of-way of Ashley Street (Ga 7) to a point, said point being 461.26 feet south of the intersection of the southeast intersection of the rights-of-way of North Ashley Street and Connell Road; thence, north 67 degrees 05 minutes east a distance of 1585.72 feet to a point; thence, south 21 degrees 27 minutes 23 seconds east a distance of 219.46 feet to a point, said point being on the north right-of-way of Northside Drive; thence, along the said right-of-way south 68 degrees 32 minutes 37 seconds west a distance of 1560.35 feet to a point, said point being the POINT OF BEGINNING. (17) Beginning at a point where the west right-of-way of Bemis Road intersects the south right-of-way of Connell Road; thence, north 70 degrees 08 minutes west along the south right-of-way of a Connell Road a distance of 155.34 feet to a point; thence, a chord distance and bearing of north 84 degrees 21 minutes west a distance of 536.39 feet to a point; thence, a chord distance and bearing of south 80 degrees 36 minutes west a distance of 46.36 feet to a point; thence, a chord bearing and distance of south 76 degrees

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13 minutes west a distance of 124.43 feet to a point, said point being the POINT OF BEGINNING; thence, south 01 degrees 35 minutes west a distance of 399.02 feet to a point; thence, south 04 degrees 20 minutes west a distance of 304.00 feet to a point, said point being on the north right-of-way of Northside Drive; thence, in a westerly direction along the curving right-of-way of Northside Drive to a point; thence, south 2 degrees 00 minutes west a distance of 10.89 feet to a point; thence, south 68 degrees 32 minutes 37 seconds west a distance of 148.22 feet to a point; thence, north 21 degrees 27 minutes 23 seconds west a distance of 229.36 feet to a point; thence, north 67 degrees 05 minutes east a distance of 238.39 feet to a point; thence, north 0 degrees 50 minutes 30 seconds west a distance of 433.84 feet to a point, said point being on the south right-of-way of Connell Road; thence, running in an easterly direction along the curving south right-of-way on Connell Road to a point, said point being the POINT OF BEGINNING. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1977 session of the General Assembly of Georgia local legislation to amend the Charter of the City of Valdosta, which bill shall be entitled as follows: A bill entitled: An Act to amend the charter of the city of Valdosta as set forth in the Act of the General Assembly of Georgia, approved March 24, 1976 (1976 Ga. L., p. 3186 and 3239, inclusive), and acts amendatory thereof. George T. Talley City Attorney City of Valdosta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck who, on

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oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following dates: December 29, 1976, January 5, 12, 1977. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 18th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. COBB COUNTY JUVENILE COURTJUDGE'S SALARY CHANGED. No. 691 (House Bill No. 987). An Act to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4451), so as to change the compensation of said judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4451), is hereby amended by striking from section 1 the following: $25,500.00,

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and inserting in lieu thereof the following: $28,500.00, so that when so amended, section 1 shall read as follows: Section 1. The Judge of the Cobb County Juvenile Court shall receive $28,500.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County. Said Judge shall devote his full time to the duties of his office and shall not engage in the private practice of law. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia, a bill to amend an act fixing the compensation of the Judge of the Juvenile Court of Cobb County, Georgia, and for other purposes. This 11th day of January, 1977. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 14, 21 and 28, 1977. /s/ Johnny Isakson Representative, 20th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. CLARKE COUNTY BOARD OF ELECTIONSEMPLOYEES, ETC. No. 692 (House Bill No. 1004). An Act to amend an Act providing for a board of elections in each county of this State having a population of not less than 63,000 and not more than 65,999 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 by an Act approved March 31, 1976 (Ga. L. 1976, p. 3635), so as to authorize such boards to employ employees subject to the approval and confirmation of such employees by the county governing authority; to abolish the board of registrars and the office of chief registrar in such counties; to authorize such boards to

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contract with municipalities for the holding of primaries and elections within the municipality; to provide 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 board of elections in each county of this State having a population of not less than 63,000 and not more than 65,999 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 by an Act approved March 31, 1976 (Ga. L. 1976, p. 3635), is hereby amended by adding at the end of section 9, the following: The board shall be authorized to employ such employees, including a full-time chief clerk, as the governing authority shall approve and confirm., Chief clerk. so that when so amended, section 9 shall read as follows: Section 9. The board shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. The board shall be authorized to employ such employees, including a full-time chief clerk, as the governing authority shall approve and confirm. Section 2. Said Act is further amended by adding before the last sentence in section 11, the following: Also, at such time, the board of registrars and the office of chief registrar shall be abolished., Board of registrars abolished. so that when so amended, section 11 shall read as follows: Section 11. Upon the effective date of this Act, the judge of the probate court and the county board of registrars shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and

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shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, paper, records and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of registrars and the office of chief registrar shall be abolished. However, the judge of the probate court shall swear in all persons elected to public office as done prior to the effective date of this Act. Section 3. Said Act is further amended by adding following section 14 a new section to be designated section 14A, to read as follows: Section 14A. The board of elections in such counties shall have the authority to contract with any municipality located within the county for the holding of any primary or election by the board to be conducted within the municipality. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977. CITY OF GARFIELDNEW CHARTER No. 693 (House Bill No. 1005). An Act to reincorporate the City of Garfield in the County of Emanuel; 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 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

Page 4319

for the fiscal administration of the city government; to provide for the levy and collection of taxes; to provide for elections; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation 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 other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I REINCORPORATION, CORPORATE LIMITS AND CORPORATE POWERS Section 1-1. Reincorporation. This Act shall constitute the whole charter of the City of Garfield, Georgia, repealing and replacing the charter consolidated by an Act approved August 23, 1905 (Ga. L. 1905, p. 829). Section 1-2. Corporate Limit. The corporate limits of the City of Garfield shall be extended in every direction one-half mile from the center of the City Hall Building in said town. Section 1-3. Corporate Powers. The corporate powers of the city, to be exercised by the mayor and council, shall include, but shall not be limited to, the following: (1) To assess and collect ad valorem tax upon all property, both real and personal, within the limits of said city, for the purpose of providing revenue for the ordinary expenses of the municipal government; to levy and collect an excise tax upon the business of selling malt beverages; to levy and collect a specific or occupation tax on all businesses, occupations,

Page 4320

professions, callings or trades exercised within the city as may be deemed just and proper, and by ordinance to classify said businesses; to fix license fees on all privaleges, occupations, trades and professions within the police powers of the city. (2) To provide by ordinance for the return or assessment, or both, of all real or personal property for taxation, at the value provided for by law, and no more; to penalize defaulters, to prescribe the time or times at which same shall be due, and have the power to enforce the same by an execution issued by the clerk, directed to the chief of police, and bearing teste in ths name of the mayor, and sales thereunder shall be had as prescribed in Chapter 92-44 of the Code of Georgia of 1933, as now or hereafter amended. (3) To provide by ordinance for the registration of all businesses and occupations that are subject to a specific tax or license fee, and the time when same shall be due; to provide penalties for engaging in same without first registering and paying the tax or fee; to enforce the collection of same by execution, as provided in the previous subsection. (4) To prohibit a nuisance in the city and to provide for its abatement, whether on public or private property. The recorder of the city shall have jurisdiction of all nuisance abatement proceedings in the city. The city may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so and after an opportunity to be heard on same. (5) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (6) 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.

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(7) To regulate and control all hotels and public houses within the city. (8) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same for 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. (9) To require the owners of lots to drain same; to fill up excavations or depressions; to drain cellars and cisterns and fill up same if necessary; and upon failure to do so after reasonable notice, to have same done at owner's expense, and to enforce the collection of the amount so expended by an execution against said property on which said work was done. (10) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles, or any other reasonable regulations as may be prescribed by ordinance. (11) To regulate junk dealers; pawn shops; the manufacture, sale or transportation of intoxicating liquors; the sale and use 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. (12) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of and light streets, roads, alleys and walkways within the corporate limits of the city, at the expense of the owners of the adjoining property, enforcing the payment of said cost by execution against the said adjoining property, and against the owners of the same,

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which shall be issue and levied as executions for taxes, and sales thereunder and all the incidents of purchase and redemption shall be the same as if said sale was had for taxes. (13) To construct or extend sewers in any of the streets or alleys of said city or any territory thereof; to assess such part of the costs of the same on the real estate abutting on the street or alley on which may be extended, according to frontage, as may be just and reasonable, and to enforce the payment of the same by execution against the abutting real estate and the owners thereof in the same manner as an execution for taxes. (14) To grant franchises and rights-of-way through the streets and roads, and over the bridges and viaducts, for the use of public utilities. (15) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards. (16) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads within the corporate limits of the city. (17) 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. (18) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, athletic, curative, correctional, detentional,

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penal, and medical institutions, agencies and facilities; and any other public improvements, inside or outside the corporate boundaries of the city; and to regulate the use thereof; and for such purposes property may be acquired by condemnation under Part II of Title 36 of the Code of Georgia of 1933, as now or hereafter amended, or other applicable public acts. (19) 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. (20) To provide for the prevention and punishment of vice, obscenity, immorality, disorderly conduct, riots, and public disturbances. (21) To acquire, construct, equip, maintain, operate, distribute, sell and dispose of public utilities, including but not limited to a water works system, sewerage system, a natural gas system, an electrical power system, and a community antenna television system, both inside and outside the corporate limits, subject to Chapter 91-9 of the Code of Georgia. For water, gas and electricity furnished, and for all sewerage and sanitary service rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided, and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes. The city may provide by ordinance for the punishment of those illegally use said systems. The city may issue bonds for purposes enumerated in this section. (22) To acquire, by purchase or otherwise, own and equip ice plants and cold storage plants, in connection with the waterworks system of said city or otherwise, and to do

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and perform all acts in connection with ownership and operation and conduct of same, ordinarily incident to the operation and conduct of the same, and to issue bonds of said city, for the purposes of acquiring, owning and equipping or operating said plants. (23) To designate a depository or depositories for all city funds, and to require indemnity bond from such depository or depositories in the sum fixed by the mayor and council. (24) 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 general obligation 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 Act, 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. (25) To acquire, dispose of, lease and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (26) To grant franchises or make contracts for public utilities and public services but not limited to those stated in (21) above, not to exceed periods of twenty-five 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. (27) To levy and provide for the collection of special assessments to cover the costs for any public improvements.

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(28) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for public and charitable agencies. (29) To contract with any State department or agency or any other political subdivision for joint services or the exchange of services; and to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest. (30) To authorize the providing for surety bonds for employees, said bonds to be payable to the city, with premiums payable by the city, when necessary or proper. (31) 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 any limitation prescribed by this Act or State law. (32) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the mayor and council may provide for the commitment of city prisoners to any county work camp, or other governmental agency or jail, by agreement with the appropriate county or governmental officers. (33) 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. (34) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to

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promote or protect the safety, health, peace, security, good order, comfort, convenience, morals and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Act as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable laws of the State. ARTICLE II MAYOR AND COUNCIL Section 2-1. Establishment of City Government. The legislative powers of the city shall be vested in a Mayor and five councilmen to be known as the Mayor and council of the City of of Garfield. 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 Act, 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. Section 2-2. Qualification of Mayor and Councilman. A person must be at least 18 years of age and reside in the city for one year in the case of the councilman and one year in the case of the mayor preceding the election in which he offers as a candidate. Section 2-3. Mayor and Councilman Election. On the first Wednesday of January, 1978, and on said date every two years thereafter, an election shall be held for the mayor and the councilmen to be determined at an at-large election with persons designating whether they are running for the post of mayor or councilman, and the top five vote recipients

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from the councilmen shall be deemed councilmen with their terms beginning at the first council meeting in February in the year following their respective elections, with the terms to continue for two years. Section 2-4. Mayor and Council. (1) Except as otherwise provided in this Act, all corporate, legislative and other powers of the city are vested in the mayor and council. The mayor and council shall hold regular public meetings at a stated time and place as provided by ordinance. The mayor and council shall meet in special session on call of (a) the mayor, or in his absence, the mayor pro tem, or (b) three councilmen, and notice of which shall be served on the other members personally or left at their respective residences at least twelve hours in advance of the meeting. Alternatively, or in addition thereto, notice of a special session may be given by telephoning the other members. If this method is used, the first order of business in the special session shall be to enter upon the minutes of the meeting an oath, or an affidavit by the mayor, or the mayor pro tem or two councilmen calling the special session, attested to by the city clerk or by another member of the council, any person authorized to administer oaths. Said oath or affidavit must contain a statement that each councilman was either notified personally by telephone by the person making the oath or affidavit, or was not capable of being so notified by reason of lack of knowledge of his whereabouts, or his absence from the State. Any person who is found guilty of false swearing as defined by section 26-2402 of the Code of Georgia, as it now exists or may hereafter be amended, in the above proceeding shall be punished as provided by law. (2) Any action taken in a special session which was called by a person later found guilty of false swearing regarding the telephone notice of any member shall be void, unless ratified unanimously at a regular council meeting held after said person is found guilty. A ratification of action taken in such a special session by the mayor and council prior to a conviction for false swearing shall not be effective. Any liability to the city arising from action by the mayor

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and council pursuant to a special session in which telephone notice is given, and in which the person calling the meeting is found guilty of false swearing shall result in several liability for the persons so convicted. Such notice of a special meeting shall not be required and shall be considered waived if the mayor and all councilmen are present when the special meeting is called or convened. Only the business stated in the written call or stated as being the purpose in the oath or affidavit required in special sessions convened under the telephone notice provision of this Act may be transacted at a special meeting, except by unanimous consent of all members of the council. (3) Three of the five councilmen shall constitute a quorum; ordinances and resolutions shall be adopted by majority vote. The mayor and council may, be ordinance, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment for contemptuous behavior conducted in their presence. Section 2-5. Powers and Duties of Mayor with Respect to Council. (1) The mayor shall recommend such measures as he may deem necessary or expedient for the welfare of the city; may call the mayor and council together at any time when deemed necessary by him; shall preside at meetings of the mayor and council; shall have a vote only in the case of a tie vote by councilmen; may sign ordinances and resolutions on their final passage as provided in sub-section (2); may obtain short term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds and contracts when authorized by the council to do so; and shall perform such other duties imposed by this Act and duly adopted ordinances. (2) Within 96 hours after the adjournment of any council meeting, the city clerk shall present to the mayor the record of proceedings of the meeting and all ordinances and resolutions adopted at the meeting. The mayor, within seven days of receipt of an ordinance or resolution, shall return it

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to the city clerk with or without his approval, or with his veto. If an ordinance or resolution is vetoed, the mayor shall attach a written statement explaining the reason for his veto. Ordinances or resolutions vetoed by the mayor shall be considered at the next regular meeting of the council, and the council may pass the ordinance over the veto by the affirmative vote of three of its members. The effective date of an ordinance passed over the mayor's veto shall not be less than 15 days after the date of final passage. The mayor's veto shall extend to disapproving or reducing the individual appropriation items in the budget or any ordinance or resolution, except appropriations for auditing or investigating any part of the executive branch. The mayor shall not have the power to veto any emergency ordinance. Section 2-6. Mayor Pro Tem. The mayor and council at the first council meeting in February of each year, and after the newly elected councilmen have taken office following each regular election, shall elect from its membership a mayor pro tem for a term of one year. Upon the mayor and council's falure to elect a mayor pro tem by the fourth Tuesday 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 have the authority and duty to perform the duties of the mayor whenever the mayor, for any reason, cannot or will not act. Section 2-7. 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 for any other reason no longer holds his office, except if granted a leave of absence by the mayor and council and such leave of absence is entered on the minutes; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony. The mayor and council shall appoint a qualified citizen of said city to fill any such vacancy in the office of councilman for the remainder of the unexpired term. The person receiving the majority of the votes of said council shall be

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declared elected, and the mayor shall vote in case of a tie. At no time shall there be more than one appointed councilman holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of forty-five (45) days after the office becomes vacant pursuant to a call of a special election as provided by this Act; however, if a special election is called pursuant to this Act, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the remainder of the unexpired terms in a special election; provided, however, if a regular election for the city shall be held within three (3) months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. In the event a vacancy should occur in the office of mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code, Title 34A of the Code of Georgia, as it now exists or may hereafter be amended, so long as the vacancy occurs at least three (3) months prior to the regular expiration date of the term. If the vacancy occurs within three (3) months of the expiration date of the term, the mayor pro tem shall serve until the expiration date and shall be authorized during said period to exercise all of the powers of the mayor, hereinbefore or hereinafter provided. Section 2-8. Compensation and Expenses. The mayor shall receive $300.00 per year, and each councilman shall receive $90.00 per year as compensation for their services as such. Each councilman and the mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance of their duties of office. Said compensation and expenses shall be paid from the funds of the city. Section 2-9. Misfeasance or Malfeasance in Office. In case the mayor or any councilman, while in office, shall

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be guilty of any misfeasance, malfeasance, willful neglect, or abuse of the powers confided in him, he shall be subject to indictment in the Superior Court of Emanuel County, and on conviction shall be fined in a sum not exceeding $100.00, and shall be removed from office. The said fine may be collected by execution and shall be paid to the city treasurer for the use of the city. Section 2-10. Bond of Clerk. The mayor and council shall require the clerk, before entering upon discharge of his duties, to give good and sufficient bond in the amount to be decided by the mayor and council, said bond payable to the city, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city. The mayor and council may require such bonds from any other officers and employees thereof. Section 2-11. City Legislation. Any action of the mayor and council having a regulatory or penal effect or required to be done by ordinance under this Act, shall be done only by ordinance. Each ordinance shall be in written form before being introduced. The affirmative vote of a majority of those members of the council present and voting shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. Section 2-12. Readings. No ordinance, except in the case of an emergency which shall be stated in the ordinance, shall be approved until it shall have been read at two consecutive meetings of the mayor and council not less than seven days apart; provided that this requirement may be waived by two-thirds of those voting upon the question of waiver.

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Section 2-13. Codification of Ordinances. The mayor and council may adopt a code of ordinances and may amend and repeal the same, or any part thereof. ARTICLE III CITY ADMINISTRATION Section 3-1. Organization. The mayor and council, by ordinance, may establish, abolish, merge or consolidate offices, positions of employment, departments, commissions, boards, 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 3-2. Duties of Mayor and Council. The mayor shall have such powers and duties as may be provided by ordinance not inconsistent with this Act. The mayor shall appoint a city attorney and members of boards and commissions, subject to council approval, and shall determine their duties and compensation. The city attorney shall be appointed for an indefinite term but may be removed by a majority vote of the mayor and council. Section 3-3. Administrative Duties of Mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city, and the city attorney shall take such legal actions as the mayor may direct for such purposes. He shall have authority to appoint, promote, demote, transfer, suspend and remove all officers and employees and to direct and control their work, any such personnel action to be subject to council approval. He shall submit to the council annual budgets, reports, and such other information as he may deem necessary or the council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditure shall be made without his approval. If no other employee is designated as purchasing agent, he shall

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act as purchasing agent for the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. Section 3-4. City Planning Commission. The mayor and council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereafter be amended. ARTICLE IV FISCAL ADMINISTRATION Section 4-1. Fiscal Year. The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of each year, but a different fiscal year may be fixed by ordinance for the entire city government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the city government, unless otherwise prohibited by law. Section 4.2. Mayor to Submit Annual Budget. 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 next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (1) the revenue and expenditure during the preceding fiscal year, (2) appropriations and estimated revenue and recommended expenditures for the next fiscal year, (3) a comparative statement of assets, liabilities, reserves and surplus at the end of the preceding fiscal year, and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (4) such other information and data, as may be considered necessary by the mayor and council. Section 4-3. Action by Mayor and Council on Budget. Before the beginning of the ensuing fiscal year, the mayor and council shall adopt an appropriation ordinance, based on the mayor's budget, with such modifications as the mayor

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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, or lives, safety or general welfare of the inhabitants of the city, provided the mayor and council unanimously agree that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Section 4-4. 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 for any public purpose only from an existing unappropriated surplus. Section 4-5. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. Section 4-6. Capital Improvements Budget. (1) Not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of inhabitants, when passed by an affirmative vote of four (4) councilmen. Such capital improvements budget may be

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revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition. (2) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriation ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the mayor and council. Section 4-7. Sale of City Property. Except as otherwise provided herein, the mayor and council may sell any city property valued at less than $100.00 which is obsolete, surplus, or unusable at public or private sale, with or without advertisement and for such consideration as the mayor and council shall deem equitable and just to the city. Any sale of city property of a value in excess of $100.00 shall be by sealed bid or public auction. Section 4-8. Annual Audit. The mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4-9. Publication of Financial Statement. As soon as practicable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper, a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent

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the general financial condition of the city, as of the close of the preceding fiscal year. Section 4-10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1, in each year, shall be returned for taxes each year on or before April 1. The mayor and council by ordinance may provide for an independent city assessment as provided by law or may elect to use the county assessment for the year in which city taxes are to be levied as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of tax payers taken within ten days after the city clerk has sent a notice, by ordinary mail, of a new or increased assessment; provided that such notice shall not be required, nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as now or as may hereinafter be provided by general law. Section 4-11. Tax Levy. The mayor and council shall make a tax levy, expressed as a fixed millage rate per $100.00 of assessed valuation. Said city is hereby authorized to levy taxes in excess of the limitations prescribed by Georgia Code sections 92-4101 to 92-4104 and such limitations shall not be applicable to the City of Garfield. Section 4-12. Tax Bills. (1) The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 20 of each year which time may be changed by ordinance, at which time a penalty of ten percent (10%) in addition to a fi. fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of nine percent (9%) per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall

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have the force and effect of a judgment of a court of record. (2) Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxation; to provide for the compelling of such return; and to provide penalties for failure to do so after due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in any conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due; and to provide the time or times when said taxes shall be due and payable. Section 4-13. Collection of Delinquent Taxes. The mayor and council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by the chief of police under the same procedure provided by laws governing execution of such process from the Superior Court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for State or county taxes. Section 4-14. Transfer of Executions. The city clerk shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee, with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by law; and in all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under State or county ad valorem tax fi. fa., as the same now exists, or as may from time to time be provided by law. Section 4-15. Special Assessments. The mayor and council

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may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent (10%) and shall thereafter be subject to interest at the rate of seven percent (7%) per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest and penalties, shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes. ARTICLE V ELECTIONS Section 5-1. Time for Holding Elections. The regular elections for mayor and councilmen shall be held as provided in section 2-3 on the first Wednesday after the first of January. Section 5-2. Qualification of Candidates. Any person desiring to become a candidate in any regular election shall file oral or written notice of his candidacy with the municipal superintendent not less than fifteen (15) days nor more than forty-five (45) days, as provided by ordinance, prior to the date fixed for the holding of any such election. Oral or written notice of candidacy for any special election shall be filed with said superintendent not less than ten (10) nor more than thirty (30) days, as provided by ordinance, prior to the date fixed for the holding of any such election. Section 5-3. Qualification of Electors. Any person meeting the qualifications of an elector as prescribed by the Georgia Municipal Election Code, Title 34A of the Code of Georgia, as amended, shall be qualified to register as an elector in any city election held under this Act.

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Section 5-4. Applicability of General Laws. Except as otherwise provided by this Act, the election of all officials of the City of Garfield where provision is made for election by the qualified voters thereof shall be conducted as to special or general elections in conformity, so far as applicable, with the provisions of the Georgia Municipal Election Code, Title 34A of the Code of Georgia, as it now exists or may hereafter be amended. Whenever any time period established by said Code is altered so as to change or supersede any time period provided herein, it shall be considered that said periods herein shall be correspondingly changed so as to avoid any conflict between this Act and the general law. Section 5-5. Time of Election - Polls. The polls shall be opened from 7 o'clock a.m. to 7 o'clock p.m. Section 5-6. Place of Elections. The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice; provided, however, any change in a polling place shall be effected as provided by Code section 34A-604 of the Municipal Election Code, as it now exists or may hereafter be amended. Section 5-7. Voter Registration. In all elections held in the City of Garfield, whether primary or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Section 5-8. Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this Act and general laws as are deemed necessary for the conduct of elections. Section 5-9. Absentee Ballots. The mayor and council in its discretion is authorized to provide by ordinance for absentee ballots for any city election. Section 5-10. Call for Election. Any call for an election which is required to be made by the laws of this State shall

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be made by the mayor and council, except as otherwise provided herein. Section 5-11. Organization. The persons elected as mayor and councilmen shall attend on the first meeting of the council in February at the council chamber for the purpose of qualifying and taking the oath of office. The mayor and each councilman so elected shall take and subscribe before some officer authorized to administer same 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), by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Garfield, and the common interest thereof; so help me God. They shall then immediately enter upon the discharge of the duties of their respective offices. ARTICLE VI RECORDER'S COURT Section 6-1. Creation. There is hereby established a court to be known as the Recorder's Court, City of Garfield, which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the condition of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court

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shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council. Section 6-2. Recorder. (1) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years, shall not have been convicted of a crime involving moral turpitude and shall be qualified to vote in Emanuel County. Until such time that the mayor and council shall appoint a recorder to serve at their discretion, the mayor, or in his absence the mayor pro tem, shall act as recorder. The compensation of the recorder shall be fixed by the mayor and council. (2) 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. (3) Before entering on duties of his office, the recorder or recorder pro tem shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council. Section 6-3. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the city passed in accordance with this Act. Said recorder shall have the authority to punish for contempt by imposing a fine of fifty dollars ($50.00) or imprisonment not exceeding thirty (30) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the city, which warrants may be executed by an officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of

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competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of a justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors', recorders', and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 6-4. Right of Appeal. The right of appeal and procedures pertaining to appeal bonds to the Superior Court of Emanuel County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. An appeal to the Superior Court shall be a de novo proceeding, and the city shall be entitled to reimbursement of its costs therefor. Section 6-5. Court Costs. In all cases in the recorder's court, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the mayor and council may establish a schedule of fees to defray costs of operation and the city shall be entitled to reimbursement of the costs, meals, transportation and caretaking of prisoners bound over to the Superior Court for violations of State law. The mayor and council may also provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. The recorder is hereby authorized to issue subpoenas to compel the attendance of witnesses to said recorder's court, and to issue such other processes as may be necessary for the proper administration of said court. Section 6-6. 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

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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 to the rules and regulations relative to the procedures of the operation of the superior courts under the general laws of the State of Georgia or other rules and regulations deemed desirable thereby. The recorder shall have the powers of a superior court judge to control the proceedings in said court. ARTICLE VII ORDINANCES Section 7-1. 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 said mayor and council of the said city. ARTICLE VIII SEVERABILITY Section 8-1. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE IX REPEALER Section 9-1. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. Notice is hereby given that a bill will be introduced in the 1977 session of the General Assembly to amend the Charter of the City of Garfield in Emanuel County, Georgia. This 3rd day of January, 1977. Hilary Johnson Clerk, City of Garfield. 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 5, 12 and 19, 1977. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Oct. 20, 1979. (Seal). Approved March 30, 1977. WALKER COUNTY COMMISSIONER'S SALARY CHANGED. No. 694 (House Bill No. 1013). An Act to amend an Act creating the office of Commissioner of Walker County, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, particularly by an Act approved

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March 22, 1974 (Ga. L. 1974, p. 2768), 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 Walker County, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2768), is hereby amended by striking from section 9 the following: seventeen thousand five hundred dollars ($17,500.), and inserting in lieu thereof the following: twenty thousand dollars ($20,000.00), so that when so amended, section 3 shall read as follows: Section 9. The compensation of the Commissioner of Walker County shall be twenty thousand dollars ($20,000.00) per annum, to be paid monthly out of the county depository or treasury. Said commissioner shall give his full time to the discharge of his duties as such. The commissioner is hereby authorized to purchase an automobile from the funds of Walker County, which he shall use in the discharge of the official duties of his office. The expenses of the operation of such automobile shall be paid from the funds of the county. The commissioner shall continue to receive the expense allowance provided for in section 10 of this Act. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia,

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a Bill to amend an Act creating the office of Commissioner of Roads and Revenue of Walker County, Georgia, approved February 10, 1939 (Ga. Laws 1939, p. 751 et seq.), as amended, so as to increase the salary and compensation of the Commissioner and to provide the method of purchasing and providing the business automobile of the Commissioner; and for other purposes. This 31st day of January, 1977. Norman S. Fletcher, Walker County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: February 2, 9 and 16, 1977. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 30, 1977. CRISP COUNTY SMALL CLAIMS COURTCHANGES. No. 695 (House Bill No. 1015). An Act to amend an Act creating and establishing a Small Claims Court for Crisp County, Georgia, approved April 17, 1973 (Ga. L. 1973, p. 3339), so as to change the jurisdiction

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of said Court; to change the provisions relative to the cost of filing claims; to change the provisions relative to the term of office 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 for Crisp County, Georgia, approved April 17, 1973 (Ga. L. 1973, p. 3339), is hereby amended by striking from section 1 the following: $1,000.00, and inserting in lieu thereof the following: $2,000.00, so that when so amended section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court for Crisp County, Georgia, to be known as the `Small Claims Court of Crisp County', which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $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 laws of the State of Georgia. Jurisdiction. Section 2. Said Act is further amended by striking the figure $7.50 where the same first apepars in subsection (a) of section 8 and inserting in lieu thereof the figure $10.00 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 $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

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defendants; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant shall be $10.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. Section 3. Said Act is further amended by striking section 20 in its entirety and substituting in lieu thereof a new section 20 to read as follows: Section 20. The grand jury in session in Crisp County immediately prior to the expiration of the term of office of the judge of said Small Claims Court shall nominate and the judge of the Superior Court of Crisp County shall appoint a qualified person to serve as judge of the Small Claims Court for a period of four years, beginning on November 1, immediately following his appointment, and until his successor is duly appointed and qualified. If, in the opinion of the judge of the Superior Court of Crisp County, the person so nominated by the grand jury is qualified, he may appoint him as judge of the Small Claims Court of Crisp County to serve said four-year term; but if the appointing judge in his sole discretion does not deem such person qualified or desirable to hold such office, he shall refuse to appoint him as such judge and shall notify the foreman of the grand jury nominating such person to nominate another person for such office. Within five days thereafter it shall be the duty of the grand jury to nominate another person for appointment to such office, and the judge of the Superior Court of Crisp County upon receipt of such nomination shall use his discretion as aforesaid in

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making or refusing to make such appointment. Successors in such office shall be nominated and appointed, each four years in the same manner as hereinbefore setout, for a four-year term beginning on November 1 immediately following their appointment. Any vacancy in such office for any unexpired term shall be filled without undue delay by the appointment of a qualified person by the judge of the Superior Court of Crisp County, with or without any nomination by the grand jury, in the sole discretion of the appointing judge. The judge of said Small Claims Court may be removed from office by the judge of the Superior Court of Crisp County upon a recommendation being made by the grand jury of Crisp County that he be removed. Any vacancy created by any such removal shall be filled for the unexpired term in the same manner that other vacancies are filled. Judge. Removal. 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing a Small Claims Court for Crisp County, Georgia, approved April 17, 1973 (Ga. Laws 1973, p. 3339); and for other purposes. This 21 day of Jan., 1977. Howard H. Rainey Representative, 135th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp

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County, on the following dates: January 24, 31 and February 7, 1977. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 30, 1977. PAULDING COUNTY TAX COMMISSIONERSALARY CHANGED. No. 696 (House Bill No. 1020). An Act to amend an Act creating the office of Tax Commissioner of Paulding County, approved February 25, 1949 (Ga. L. 1949, p. 1335), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3074), an Act approved March 9, 1959 (Ga. L. 1959, p. 2556), an Act approved March 7, 1962 (Ga. L. 1962, p. 3213), an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2252), an Act approved March 10, 1965 (Ga. L. 1965, p. 2223), an Act approved January 4, 1966 (Ga. L. 1966, p. 2631), an Act approved March 21, 1970 (Ga. L. 1970, p. 3081), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2727), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Paulding County, approved February 25, 1949 (Ga. L. 1949, p. 1335), as amended by an Act approved March 4,

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1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3074), an Act approved March 9, 1959 (Ga. L. 1959, p. 2566), an Act approved March 7, 1962 (Ga. L. 1962, p. 3213), an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2252), an Act approved March 10, 1965 (Ga. L. 1965, p. 2223), an Act approved January 4, 1966 (Ga. L. 1966, p. 2631), an Act approved March 21, 1970 (Ga. L. 1970, p. 3081), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2727), is hereby amended by striking from the first paragraph of section 4 the symbol and figure: $12,000.00, and substituting in lieu thereof, the symbol and figure: $14,000.00, so that when so amended, the first paragraph of section 4 shall read as follows: Be it further enacted by the aforesaid, that the Tax Commissioner of Paulding County shall be compensated in the amount of $14,000.00 per annum which shall be paid in equal monthly installments from the funds of said county. Said salary shall be the only compensation of the tax commissioner and 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. Sess., p. 295), as amended. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1977 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner of Paulding County approved February 25, 1949, (Ga. L. 1949, p. 1335) as heretofore amended; and for other purposes. This 3rd day of February, 1977. Nathan Dean, Haskew Brantley, Senators A. L. Burruss, Bill Cooper, Eugene Housley, Max Kaley Tom Murphy, Joe Mac Wilson, Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on oath, deposes and says that he is Representative from the 19th District, and that the attacthed copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following dates: February 3, 10 and 17, 1977. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 30, 1977.

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CITY OF TIFTONNEW CHARTER. No. 697 (House Bill No. 1038). An Act to provide a new Charter for the City of Tifton; to repeal the Charter provided by an Act approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended; to provide for definitions; to provide for the corporate boundaries; to provide for corporate powers; to provide for the governing body and its powers, duties, and organization; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide penalties for certain violations; to provide for the financial and fiscal affairs of the city; to provide for elections; to provide for certain officers and employees; to provide for a city manager; to provide for property taxes; to provide for special assessments; to provide restrictions on actions for damages against the city; to provide for all other matters relative to the foregoing; 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: CHARTER OUTLINE Article I. Charter, Definitions, Corporate Boundaries and Corporate Powers Sections 1.01 through 1. Article II. Governing Body Sections 2.01 through 2. Article III. Executive Branch Sections 3.01 through 3. Article IV. Judicial Branch Sections 4.01 through 4. Article V. Finance and Fiscal Sections 5.01 through 5. Article V. Finance and Article VI. Elections Sections 6.01 through 6. Article VII. Miscellaneous Sections 7.01 through 7.

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ARTICLE I CHARTER, DEFINITIONS, CORPORATE BOUNDARIES AND CORPORATE POWERS . Section 1.01. Charter. This Act shall constitute the whole Charter of the City of Tifton, repealing and replacing the Charter provided by an Act approved August 14, 1920 (Ga. L. 1920, p. 1625), with all amendments thereto. The City of Tifton, in the County of Tift, State of Georgia, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of City of Tifton, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) City shall mean the City of Tifton. (b) Commissioner shall mean a person elected to the City Commission as provided in this Act. Member of the Commission shall mean the Chairman, Vice-Chairman and the three other Commissioners. (c) Chairman shall mean the person elected to the office of Chairman of the Commission of the City of Tifton. Vice-Chairman shall mean the person elected to the office of Vice-Chairman of the Commission of the City of Tifton. (d) At large shall mean the entire city, as distinguished from wards or districts of the city. (e) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads, highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels, and other thoroughfares, and including the rights-of-way of such public ways.

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(f) Elector shall mean a person residing within the city who is qualified to voter therein. (g) The masculine shall include the feminine and the singular shall include the plural and vice versa. (h) The word shall is mandatory; may is permissive. Section 1.03. Corporate Boundaries. (a) The boundaries of the City of Tifton 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 Tifton, at all times, shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: City of Tifton. 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 city manager. 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 the original map. (b) The City Commission may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.04. Corporate Powers. The corporate powers of the government of the City of Tifton, to be exercised by the governing authority, may include the following: (a) To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; 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.

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(c) 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. (d) To appropriate and borrow money for the payment of debts of the city and to issue bonds and revenue certificates for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia. (e) To acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city. (f) 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. (g) To have the power of eminent domain and 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, as amended, or under other applicable Public Acts as are or may be enacted. (h) 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 power system, transportation facilities, cable television system, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties and withdrawal of service for refusal to pay same; and to fix the manner in which such remedies shall be enforced. (i) To grant franchises or make contracts for public services and public utilities, not to exceed periods of 99 years and

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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 Georgia Public Service Commission. (j) 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 public ways, roads, alleys and walkways within the corporate limits of the city. (k) To grant franchises and rights-of-way on, over and under public ways, streets and roads and on, over and under bridges and viaducts for the use of public utilities. (l) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, 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, as amended, or other applicable Public Acts as are or may be enacted. (m) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so. (n) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building and building trades; to

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license all building trades; to license the construction and erection of buildings and all other structures. (o) To provide for the prevention and punishment of riots and public disturbances. (p) 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. (q) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise. (r) To license, tax, regulate or prohibit professional fortunetelling and palmistry. (s) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (t) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (u) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city. (v) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishments for violation thereof.

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(w) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public. (x) To provide for the collection and disposal of garbage, rubbish and refuse; to regulate the collection of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials and the sale of same. (y) 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. (z) 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 systems; 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. (aa) 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. (bb) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city; and to provide for the enforcement of such standards. (cc) To define a nuisance and provide for its abatement whether on public or private property.

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(dd) 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. (ee) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness, safety and welfare of the inhabitants of the city; and to provide for the enforcement of such standards. (ff) 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. (gg) 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. (hh) 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 deemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (ii) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city. (jj) To regulate and license vehicles operated for hire in

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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. (kk) To provide and maintain a system of pensions and retirement for officers and employees of the city. (ll) To levy and provide for the collection of special assessments to cover the costs of any public improvements. (mm) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor. (nn) To create, alter or abolish departments, boards, offices, commissions and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same. (oo) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the peace, health, good order and good government of the city. (pp) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia. (qq) To establish and operate a Recorder's Court in which violations of city ordinances and laws may be tried and sentences imposed; to exercise the power of arrest through duly appointed policemen. (rr) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city; and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency

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for the health, safety, protection or well-being of the citizens of the city. (ss) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated therein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the laws of the State of Georgia. No enumeration of particular powers in this Charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (tt) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries. (uu) To regulate and control public ways, public streets, public alleys and ways; and in the discretion of the City Commission by ordinances or resolutions to alter, open or close public ways, public streets and public alleys and ways. Section 1.05. 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.

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Section 1.06. 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 1.07. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into executions as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.01. Creation, Composition, Number, Election. The legislative authority of the government of the City of Tifton, except as otherwise specifically provided in this Charter, shall be vested in a City Commission to be composed of five commissioners. The commissioners shall be elected in the manner provided by Article VI of this Charter. Section 2.02. Terms and Qualifications of Office. The members of the Commission shall serve for three years and until their respective successors are elected and qualified. No person shall be eligible to serve as commissioner unless he: (a) Has been a resident of the city for a period of one year immediately prior to the date of the election of the commissioner; (b) Continues to reside within the city during his period of service;

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(c) Is registered and qualified to vote in municipal elections of the City of Tifton; and (d) Is 21 years of age or over. Section 2.03. Commissioner Posts and Terms. There shall be five commissioner posts to be designated 1, 2, 3, 4, and 5. All persons offering themselves for election as commissioner shall designate the commissioner post for which he is offering as a candidate. Commissioners of posts one and three whose terms expire on December 31, 1979, shall be succeeded by commissioners of posts one and three who shall be elected on the first Wednesday in December, 1979, and shall take office on the first day of January of 1980. Commissioners of posts two and four whose terms expire on December 31, 1977, shall be succeeded by commissioners of posts two and four who shall be elected on the first Wednesday in December, 1977, and shall take office on the first day of January of 1978. Commissioner of post five whose term expires on December 31, 1978, shall be succeeded by commissioner of post five who shall be elected on the first Wednesday in December, 1978, and shall take office on the first day of January of 1979. Thereafter an election shall be held on the first Wednesday in December of each year to elect the commissioners of the commissioner post or posts whose terms of office will be expiring on December 31 of the same year and such commissioners or commissioner shall take office and be sworn in at the first meeting of the Commission in January of the next year following the election for terms of three years and until their successors are elected and qualified. Section 2.04. Present Commissioners. The present commissioners of the City of Tifton shall continue to hold office until the expiration of the terms to which elected and until their successors have been duly elected and qualified. Present and future commissioners shall be eligible to succeed themselves in office. Section 2.05. Chairman and Vice-Chairman of City Commission. There shall be a Chairman and Vice-Chairman of the City Commission. In the city election to be held each year

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there shall be elected by the electors of the City of Tifton a Chairman and Vice-Chairman of the City Commission who shall serve during the ensuing calendar year following their election. Section 2.06. Duties of Chairman and Vice-Chairman. (a) The Chairman of the City Commission shall: (1) Preside at all meetings of the City Commission. (2) Be the official head of the city for the service of process and for ceremonial purposes. (3) Sign all ordinances, resolutions, rules and regulations adopted by the City Commission. (b) The Vice-Chairman of the City Commission shall do and perform all things required of the Chairman in the absence of the Chairman or when the Chairman is laboring under any disability. Section 2.07. Prohibitions. (a) Except as authorized by law, no member of the Commission shall hold any other elective city office or have any city employment during the term for which the member is elected. (b) No member of the City Commission shall vote upon any question or matter in which he is personally interested. (c) No member of the Commission shall sell any real or personal property to the city or contract with the city for the furnishing of any service nor shall any corporation, partnership, or firm in which any member of the Commission shall be an officer, owner, member, partner, or associate sell any real or personal property to the city nor furnish any services of any kind to the city. Section 2.08. General Power and Authority of the Commission. (a) Except as otherwise provided by this Charter, the Commission shall be vested with all the powers of government of the City of Tifton as provided by Article I.

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(b) In addition to all other powers conferred upon it by law and by this Charter, the Commission shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this Charter, the Constitution and 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 Tifton and may enforce such ordinances by imposing penalties for violation thereof. Section 2.09. Oath of Commissioners. Before taking office each commissioner shall make and subscribe the following oath: I do solemnly swear that I will well and truly demean myself as a commissioner of the City of Tifton for the ensuing term and that I will faithfully conduct the affairs of said city according to the Charter and ordinances thereof to the best of my skill and ability without fear or favor, so help me God. Section 2.10. Vacancy: Forfeiture of Office; Filling of Vacancies. (a) The office of Chairman of the Commission, Vice-Chairman of the Commission, or commissioner 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 Chairman, Vice-Chairman, or any commissioner 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 expressed prohibition of this Charter. (3) Is convicted of a felony.

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(c) A vacancy in the office of Chairman, Vice-Chairman, or commissioner shall be filled for the remainder of the unexpired term, if any, as provided for in Article VI. Section 2.11. Meetings. (a) The Commission shall hold one regular meeting each month. This meeting may be recessed and continued to any weekday or hour the Commission may fix, and the Commission may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the Commission may be held upon the call of the Chairman or three members of the Commission at least 24 hours in advance of the meeting but no notice is required if all members of the Commission 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 any special meeting shall also constitute a waiver of notice. Only the business stated in the call may be transacted at any 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 transacted at any special meeting. (c) All meetings of the Commission shall be public. Section 2.12. Quorum; Voting. Any three commissioners or the Chairman of the Commission or in his absence the Vice Chairman and two commissioners shall constitute a quorum for the transaction of all business or matters, except in the selection of the city manager and for this purpose five commissioners shall participate, but a majority shall be sufficient for the selection of the city manager, and provided further that when only three members of the Commission are present it shall require the unanimous vote of all three members to pass or adopt any ordinance, resolution or motion except as otherwise provided in this Charter. The Chairman and the Vice-Chairman shall each be entitled to vote on all questions. Voting on all matters shall be taken by voice vote and the ayes and nays shall be recorded in the minutes of the meeting but any member of the Commission shall have the right to request a roll-call vote. The Chairman or

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in his absence the Vice-Chairman may not make a motion but may second a motion made by another commissioner. Section 2.13. Action Required on an Ordinance. Except as herein provided, every official action of the Commission shall be by ordinance, motion or resolution. Every proposed ordinance shall be put in writing before adoption. Each ordinance shall be read at a regular or special meeting of the Commission and shall be adopted and must be adopted for the second time at a regular monthly meeting of the Commission following the meeting of its initial reading and adoption except emergency ordinances. Provided, however, the regular monthly meeting at which any ordinance is adopted for the second and final time must not be within the same calendar month that the ordinance was first read and adopted. Section 2.14. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the Commission may adopt emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise or regulate the rate charged by any public utility for its services 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 or rejected at the meeting at which it is introduced and read, but three affirmative votes shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 120 days following the date upon which it was adopted but this shall not prevent adoption of the ordinance as an ordinary one in the manner specified in this Article. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for emergency ordinances. Section 2.15. Amending and Repealing Ordinances. Any ordinance may be amended or repealed by the City Commission

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in the same manner and by taking the same action as the adopting of such ordinance. Section 2.16. Codes of Technical Regulations. The Commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.17. Section 2.17. 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 Commission, Every ordinance shall be signed by the Chairman as a matter of course after adoption. (b) The Commission 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 Commission 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 Commission may specify. This compilation shall be known and cited officially as Code of Ordinances, City of Tifton. Copies of this code shall be furnished to all officers, departments and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the Commission. (c) The Commission shall cause each ordinance and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city manager. Following publication of Code of Ordinances, City of Tifton 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 Commission shall make such further arrangements as deemed desirable with respect to reproduction

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and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in Code of Ordinances, City of Tifton. Section 2.18. Compensation and Expenses. The Chairman and members of the Commission shall receive as compensation for their services an amount which may be determined from time to time by the Commission; provided, however, there shall be no decrease in compensation during the term of office of the Chairman or any commissioner who is in office at the time of any such change of compensation. The Chairman and commissioners shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office, such sums to be paid from the funds of the City of Tifton. Section 2.19. City Attorney. The Commission shall appoint a city attorney at its first regular meeting in January of each year and his compensation shall be determined by the Commission. The city attorney: (a) Shall be responsible for representing and defending the city in all litigation in which the city is a party. (b) May be the prosecuting officer in the Recorder's Court. (c) Shall advise the Commission, the city manager, and other officers and employees of the city concerning legal aspects of the affairs of the city. (d) Shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, and motions of the Commission prior to enactment or execution. Section 2.20. City Auditor. The Commission shall appoint a city auditor at its first regular meeting in January of each year who shall prepare an annual audit of all financial books and records of the city. His compensation shall be approved by the Commission. Section 2.21. Centralized Purchasing and Disposition of

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City Property. (a) The Commission shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Tifton. (b) The Commission may sell and convey any real or personal property owned or held by the City of Tifton 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 Commission may quitclaim for a nominal sum any rights the City of Tifton has in either real or personal property when it is determined by the Commission that such property is not needed for public or other purposes by the city. (d) The city manager shall sign all deeds, bills of sale, and other documents of title in behalf of the city, such documents to be attested by the clerk of the City of Tifton. Section 2.22. Personnel Administration. (a) Position Classification and Pay Plans. The city manager may prepare a position classification and pay plan to be submitted to the Commission for approval. Said plans may apply to all employees except by amendment of said pay plan. (b) Personnel Policies. The Commission shall adopt rules and regulations consistent with this Charter concerning: (1) The method of employee selection and probationary periods of employment. (2) The administration of any 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. (4) Such other personnel policies as may be necessary

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to provide for adequate and systematic handling of the personnel affairs of the City of Tifton. Section 2.23. Licenses, Occupational Taxes, Excise Taxes. (a) The Commission by ordinance shall have full power to: (1) Levy such license and specific or occupation taxes upon the residents of the City of Tifton, 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 Commission may deem expedient for the public health, safety, benefit, convenience or advantage of the city. (2) Classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful. (3) Require such persons to procure licenses. (4) Compel the payments of such licenses by execution or any other lawful manner. (5) Make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. (b) The Commission shall have full power and authority to levy an excise tax not prohibited by general law. Section 2.24. Charter Provisions Constitute Defense. The provisions of this Charter may be pleaded and shall be a defense to any action brought against any commissioner, or all of them, when the acts of the commissioners are done in accordance with this Charter. ARTICLE III EXECUTIVE BRANCH Section 3.01. (a) The office of city manager for the City of Tifton is hereby created. The city manager shall be the

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chief executive and administrative officer of the City of Tifton and he shall be appointed by the City Commission at its first regular meeting in January of each year. He may be removed from office by the Commission at any time at the will of the Commission. His salary shall be determined and fixed by the City Commission and the city manager shall receive no other compensation for his services except this salary as fixed by the City Commission. During any suspension or disability of the city manager the Commission shall designate some properly qualified person to perform the duties of the office. (b) The city manager shall be responsible to the Commission for the proper administration of all the affairs of the city and shall enter into a good and sufficient bond of not less than $50,000.00 payable to the City of Tifton and conditioned for the faithful discharge of his duties and for the faithful accounting for all property, money and effects belonging to the city that may come into his possession or come under his control. Said city manager shall require from each of his subordinates handling any money or having custody of any money or personal property of the city a like bond in such amount as he shall deem proper and upon his failure to do so, the city manager shall be liable on his own bond for any default of such subordinates which shall include any officer or employee appointed by him. The premiums on the bonds required by this paragraph shall be paid by the city. (c) The city manager may appoint a city clerk, a recorder, a building inspector, a chief of police who shall also be the marshal, a chief of the fire department, a tax supervisor, a street superintendent, a city treasurer, a supervisor of purchases and all other officers, subordinates and employees that in his judgment may be necessary for the proper administration of the government of the City of Tifton. It shall be the responsibility and duty of the city manager to enforce all ordinances, resolutions, rules and regulations adopted by the City Commission. At the regular meeting in March of each year of the City Commission, the city manager shall submit to the Commission the names of all employees of the city, except the city attorney, together

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with the salary being paid to each; and until confirmed at such meeting by the City Commission, no person shall henceforth receive compensation for any services rendered to the city. (d) The city manager shall be engaged in no other work or kind of business but shall devote his entire time and attention exclusively to the affairs of the city. He shall maintain an office in the City Hall and may employ in such office such help as may be necessary in his judgment to carry out his duties properly. (e) The city manager shall be chosen by the City Commission on the basis of his executive and administrative qualifications and shall be a graduate of an accredited high school but he need not be a resident of the City of Tifton. He shall attend all meetings of the City Commission and at such meetings shall advise the City Commission of the financial condition and needs of the city and shall make such recommendations as he may deem desirable. (f) The city manager may appoint, suspend or remove all officers and employees of the city except the city attorney and city auditor and may consolidate or combine offices, positions, departments or units of the city. The City Commission shall deal with and communicate with the officers and employees of the city solely through the city manager but nothing herein contained shall prevent the City Commission from conducting such inquiries into the operation of the city government and the conduct of the affairs of the city as it may deem necessary. (g) The city manager shall recommend from time to time to the City Commission such measures as he may deem necessary or expedient to the health, safety or welfare of the residents of the city or for the improvement of administrative services. (h) Neither the Chairman nor any commissioner shall direct or request the appointment of any person to, or the removal from, office by the city manager or any of his subordinates or, in any manner, take part in the appointment

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or removal of officers and employees of the City of Tifton. Except for the purpose of inquiry, the Chairman and commissioners shall deal with the administrative personnel of the city solely through the city manager and neither the Chairman nor any commissioner shall give orders to any subordinates of the city manager, either publicly or privately. (i) The city manager shall perform such other duties as may be given him by the City Commission which are not inconsistent with this Charter or ordinances of the city and shall have charge of all property of the city. All public utilities owned and operated by the city shall be under the control and management of the city manager. (j) The city manager shall prepare the budget annually and submit it to the City Commission for approval and shall be responsible for the administration of such budget after its adoption by the City Commission. He shall have prepared at the end of each fiscal year an audit of the finances of the city which shall be presented to the City Commission. (k) The city manager shall sign all agreements, contracts, deeds, leases and covenants in behalf of the city. (l) The city manager shall be solely responsible for collection of all taxes, business license fees, assessments, and moneys due the city. Section 3.02. City Clerk. The city manager shall appoint a city clerk who shall: (a) Be responsible for keeping and preserving the city seal and all records of the City Commission. (b) Attend all meetings of the City Commission and keep minutes of the proceedings at such meetings. (c) Perform such other duties as may be required by the Commission or the city manager. Section 3.03. Supervisor of Purchases. The City of Tifton

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shall have a purchasing department under the supervision of a supervisor of purchases. The City Commission may adopt such ordinance at it may deem expedient to control purchases made by the city. The supervisor of purchases is required to give a purchase order to any department head wishing to make purchases; if any department head violates this and does not get a purchase order and makes a purchase without same and without the approval of the supervisor of purchases, the first time this occurs he will be called in by the city manager and reprimanded; and department head violating this a second time will be discharged. Section 3.04. Expenses of City Manager, Department Heads, City Officials. The city manager and department heads and other city officials shall be reimbursed by the city for actual and necessary expenses incurred by them in carrying out the official duties of their office, but all such expenses shall be subject to approval by the Commission before reimbursement is made and a detailed itemized statement covering such expenses shall be submitted to the Commission for such purposes. The Commission may authorize at its discretion the city manager to review and approve expenses of department heads and city employees but a detailed itemized statement covering such expenses shall be required in any case. ARTICLE IV JUDICIAL BRANCH Section 4.01. Recorder's Court. There shall be a Recorder's Court in said city for the trial of all offenders against the laws and ordinances of the City of Tifton, to be known as Recorder's Court of City of Tifton, the same to have a seal and it shall be a court of record. A recorder shall preside over such court who shall be appointed by the city manager, the person appointed to be a member of the State Bar of Georgia in good standing. The jurisdiction of said Recorder's Court shall extend to all offenses herein provided for, together with all other offenses of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within

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the corporate limits of said city. The sessions of said Recorder's Courts shall be held by the recorder at such times and at such places in said city as in his judgment may be necessary. Section 4.02. Penalty for Violation of Laws, Ordinances. The recorder or any authorized presiding officer of the Recorder's Court of the City of Tifton may punish for any violation of a city ordinance or law by fine not exceeding $500.00, by imprisonment not to exceed 90 days, by work on the work gangs on the streets of the City of Tifton or on such public works as the work gang may be employed upon, not to exceed 30 days; or by any one or more of these punishments in the discretion of the recorder or presiding officer of said Recorder's Court. Section 4.03. Appeal from Conviction in Recorder's Court. Any person convicted in the Recorder's Court of the City of Tifton for the violation or any ordinance or law thereof shall have the right of appeal to the Superior Court of Tift County, Georgia, such appeal to be by applying for and obtaining a Writ of Certiorari, as is provided for in sections 19-203 to 219-216, inclusive, Code of Georgia Annotated, and any Act amendatory thereof. The petition for issuance of a Writ of Certiorari to the Superior Court of Tift County, Georgia, must be filed in said court within 10 days after the judgment complained of is pronounced and all cost of the case must first be paid and bond and security given to answer the final judgment rendered in the case, such bond and security to be approved by the recorder of the Recorder's Court of the City of Tifton. Section 4.04. Bond. (a) Any police officer of the City of Tifton shall have authority to release any person arrested for a violation of any law or ordinance of said city, or law over which the recorder may have jurisdiction, upon such person giving bond, with security, payable to the City of Tifton in an amount and surety to be approved by the Chief of Police of the City of Tifton, conditioned for the appearance of such person before the Recorder's Court at the time and place specified in said bond and from time

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to time until he or she shall have been tried for the offense for which he or she is charged. (b) If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited; and a rule nisi shall be issued requiring him or the surety upon such bond or both, to show cause before said court, at a time not less than 10 days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof, provided service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs, in the same amounts as are applicable in such cases in the Superior Courts, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the Clerk of the City of Tifton and the recorder and shall be directed as warrants are directed, set out hereinafter, and the same when so issued shall be a lien upon all property, real or personal of such parties, and binding effect upon such property and of the defendant and surety therein as if the same were issued upon judgments in the Superior Courts, and shall be levied by any officer to whom it shall be directed; provided, however, that any police officer of said city may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at the trial thereof, said cash bond may be regarded as a fine and so assessed by said recorder and paid into the treasury of the city, in the discretion of the city recorder, or those acting in his stead. Section 4.05. Powers of Court. When sitting as a court for the trial of offenders, the recorder shall have the power to punish for contempt against his lawful authority, whether in his presence or otherwise, by fine not exceeding $100.00, by imprisonment not exceeding 15 days, or by one or both or any part thereof, in the discretion of the recorder. The recorder shall have the power and authority to subpoena witnesses

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to attend the Recorder's Court under the same rules and regulations that regulate and govern the Superior Courts of this State, to compel their attendance, and to punish any witness, who has been subpoenaed and fails to attend, under the provisions for contempt provided for hereinbefore. The recorder shall have the power to forfeit bonds for appearance at the sessions of the Recorder's Court and to do all other acts and things necessary for the proper reinforcement of the authority of the Recorder's Court of the City of Tifton. Section 4.06. Warrants; Execution; Form. (a) The recorder shall be authorized to issue warrants for any offense under any law or ordinance of the City of Tifton or this State, and when the offense is against State laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a State court having jurisdiction to try the same. If the offense charges in the warrant be one against any law or ordinance of the City of Tifton, the arresting officer shall carry the same before the Recorder's Court, where same shall be disposed of as other cases of arrest not under warrant. (b) All warrants issued by the recorder, or any one authorized to preside in the Recorder's Court, shall be directed to the Chief of Police of the City of Tifton, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia, and any one of said officers shall have authority to execute these warrants. Any sheriff or deputy sheriff of any county in the State of Georgia shall have authority to execute, anywhere in the State of Georgia, any warrant issued by the recorder. Section 4.07. Fugitives from Justice. Should any person violating any of the ordinances or laws of the city flee from the jurisdiction thereof, he may be apprehended whenever he may be in this State, and the warrant of the recorder of the city shall be sufficient authority for his arrest, his return and trial upon the charge resting against him, and should any person, after trial and conviction of a violation

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of an ordinance or law of said city escape, he may be apprehended wherever found in this State and the warrant of the recorder of said city shall be sufficient authority for his arrest and return; and all persons escaping from the custody of the city may be again tried for such escape and punishment not exceeding penalties hereinbefore set out. ARTICLE V FINANCE AND FISCAL Section 5.01. Property Taxes. All property subject to taxation for State or county purposes, including the capital stock of merchants and public service companies, assessed as of January 1 in each year, shall be subject to the property tax levied by the city. The Commission by ordinance may elect to use the county assessment or may provide for an independent city assessment, as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three persons appointed by the Commission, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city assessor has sent a notice by ordinary mail of a new or increased assessment; provided that such notice shall not be required nor may appeals be taken in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in the section, appeals involving city property assessments may be taken as provided by laws of this State. The Board of Equalization may increase or decrease the assessment of all property of the same class by a uniform percentage, in which case individual notices shall not be mailed but a notice of such action shall be published once in the official city newspaper; such a blanket increase or decrease shall not be subject to appeal. The authority and duties of such city assessing personnel shall be the same as those provided by laws of this State for county assessing personnel. The city assessor shall meet with and assist the Board of Equalization. The Board of Equalization, upon completion of its work, shall submit a written report to the Commission, including total increases and decreases made by it and the final total assessment of each class of property.

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Section 5.02. Tax Levy. The Commission shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city subject to taxation by the State of Georgia or County of Tift for the purposes of raising revenues to defray the costs of operating the city government, providing governmental services and for any other public purpose, in addition to a sufficient levy to pay principal and interest on general obligations. Section 5.03. Tax Due Date and Tax Bills. The due date of property taxes shall be October 1, of each year. The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 20 of each year, at which time a penalty of ten percent (10%) in addition to a fi. fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of nine percent (9%) per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 5.04. Collection of Delinquent Taxes. The Commission may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by the chief of police or any other person or persons appointed by the Commission, under the same procedure provided by laws governing execution of such process from the Superior Court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for Federal, State and county taxes. Section 5.05. Special Assessments. The Commission may assess all or part of the cost of purchasing, placing, constructing, building, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, paving, water mains and lines, sewers, or other utility mains and

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appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, and shall thereupon be subject in addition to fi. fa. charges, to a penalty of ten percent (10%) and shall thereafter be subject to interest at the rate of nine percent (9%) per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest and penalties, shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedure and under the same remedies as provided in this Article for city property taxes. Section 5.06. Collection by Execution. The Commission shall have the power and authority to enforce by execution the collection of any tax, license fee, assessment, water, gas or sewer fee; such executions to be issued by the clerk and bear teste in the name of the city against the property, person, corporation, association or firm against which or upon whom any such debt or demand is issuing to the city; such executions to be directed to all and singular chief of police, assistant chief, marshal, deputy marshal, and policemen of the City of Tifton, who are authorized to levy the same upon the property against which it is issued or upon the property of the person against whom such execution shall have issued, and the same shall be sold by the chief of police or the assistant chief at public outcry, under the laws for sheriff's sales to the highest bidder, before the door of the City Hall, or at such other place as the Commission shall determine, notice of which place shall be stated in the advertisement of the sale of such property; if property so levied upon shall be personal property, it shall be advertised by posting notices in three public and conspicuous places in the city for ten days before the day of said sale; if the property levied upon is real estate, he shall advertise the same once a week for four weeks in the newspaper wherein the Tift County sheriff's sales are advertised or in some other newspaper published in the City of Tifton before selling the same. All sales as above provided shall be at public outcry to the highest bidder and for cash. The chief of police or the assistant

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chief making such sale shall execute title to the purchaser and shall have the power to place the purchaser in possession of the property sold. Section 5.07. Claim of Illegality. When any execution shall be issued and levied as provided in the preceding section a Claim of Illegality may be interposed or made in the same manner as is now provided for by the laws of the State of Georgia for claims of illegalities on tax executions or other executions issuing from the Superior Courts of the State of Georgia. Such claim of illegality shall be heard in the Superior Court of Tift County, Georgia. Section 5.08. Transfer of Executions; Redemption of Property. The City of Tifton shall be authorized to transfer and assign any fi. fa. or execution issued for property taxes, street assessments, gutter assessment, paving assessment, curbing assessment, sewer assessments, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee, with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by laws of the State of Georgia; and on all sales of property hereafter made under execution in behalf of the city for the collection of property taxes, street assessments, sewer assessments, and other assessments, the owner or owners, as the case may be, are authorized to deem same within the same time and on compliance with the same terms and payment of the principal interest and costs, as in cases of redemption of property as now provided by laws of the State of Georgia where sold under State or county ad valorem tax fi. fa. as the said laws now exist, or as may from time to time be amended. Section 5.09. General Obligation Bonds. The Commission shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 5.10. Revenue Bonds. Revenue bonds may be issued

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by the Commission 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 laws as now or hereafter provided. Section 5.11. Short-term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. ARTICLE VI ELECTIONS Section 6.01. Regular Elections; Time for Holding. On the third Wednesday in November of each year there shall be an election for the office of Chairman of the City Commission, Vice-Chairman of the City Commission, and for the offices of commissioners of the post whose term expires at the end of the year in which the election is held. The term of each person who is elected to any of these offices shall commence on the first day of the next January following the election. The elections herein provided for shall be under the management and control of an election superintendent and three citizens of the City of Tifton, all of whom shall be appointed by the Commission. Section 6.02. Qualifying; Absentee Ballots. The Commission may either by ordinance or resolutions prescribe the rules and regulations governing the qualifying, nomination of candidates, challenge of votes and such other rules and regulations for the holding of fair and just elections. Absentee ballots shall be provided in all elections. Section 6.03. Applicability of General Laws. The procedures and requirements for elections of all elected officials of the City of Tifton 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 6.04. Vacancies. Should a vacancy occur in the

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office of Chairman, Vice-Chairman, or in the office of any commissioner post, by reason of death, resignation, disqualification or otherwise, the remaining members of the Commission shall select a qualified resident of the City of Tifton to fill said vacancy for the unexpired term if the unexpired term is 120 days or less. If the unexpired term is more than 120 days, the Commission shall call a special election within 30 days after the date of said vacancy at which a qualified person shall be elected to fill said vacancy for the unexpired term. Section 6.05. Election Results. At the next regular meeting of the Commission following any election the manager of the election shall present to the Commission a written report of the results together with the tally sheets, and ballots showing the number of votes cast and for whom. The Commission at such meeting shall declare the result of the election and such declaration shall be placed by the city clerk in the minutes of such meetings. After 30 days from the day of election if no notice of contest has been filed as a result of the election, the city clerk shall destroy the ballots. Section 6.06. Election of Chairman and Vice-Chairman of the Commission. Any member of the Commission and any candidate offering for election to the Commission shall be eligible to qualify for the offices of Chairman and Vice-Chairman. The candidate for said offices who receives the highest number of votes for each respective office shall be the Chairman and Vice-Chairman for the ensuing year if they are members of the Commission or have been elected to the Commission. In the event any candidate for the office of Chairman or Vice-Chairman who received the highest number of votes for the office shall not be elected to the Commission or shall not be a member of the Commission, then that candidate receiving the next highest number of votes for the office shall be the Chairman or Vice-Chairman, as the case may be. Section 6.07. Use of County Registration List. The city shall use the registration list of electors of Tift County as provided for in section 34A-501 (b) of the Georgia Municipal

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Election Code, approved April 4, 1968 (Ga. L. 1968, p. 885), as it now is or as hereafter amended. ARTICLE VII MISCELLANEOUS Section 7.01. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Tifton not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified or amended by the governing authority. Existing rules and regulations of the City of Tifton not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified or amended. Section 7.02. Terms of Officers. All present commissioners of the City of Tifton, the present Chairman and Vice-Chairman of the Commission, and all other present officers of the city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified. Section 7.03. 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 7.04. Penalties. The violation of any provisions of this Charter, for which a penalty is not specifically provided for herein, shall be punishable by fine of not more than $500.00 or by imprisonment not to exceed 90 days, or both such fine and imprisonment. Section 7.05. Specific Repealer. An Act incorporating the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, is hereby repealed in its entirety. Section 7.06. Existing Acts Preserved. All other Acts heretofore approved by the General Assembly of Georgia relating to the City of Tifton, except such part or parts thereof as may be in conflict with this Charter and except for the Act specifically repealed herein, shall be and they

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are hereby continued in operation, confirmed and consolidated with and made a part of this Charter. Section 7.07. Severability. If any provision of this Act shall be held to be unconstitutional, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect. Section 7.08. Restrictions on Actions for Damages against City. No action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the city manager within sixty days after such cause of action shall have occurred; except that when the claimant is a minor or non compos mentis, or when an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 7.09. Effective Date. This Act shall become effective on May 1, 1977. Section 7.10. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1977 Regular Session of the General Assembly of Georgia a Bill to enlarge the City limits of the City of Tifton; to provide for a referendum and for other purposes. This 27th day of January, 1977. /s/ Fred L. Bailey Vice-Chairman of City Commission of City of Tifton

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey 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 Tifton Gazette which is the official organ of Tift County, on the following dates: January 29, February 5, and 12, 1977. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. MONROE COUNTY PROBATE COURTJUDGE'S SALARY, ETC. No. 698 (House Bill No. 1057). An Act to abolish the present mode of compensating the Judge of the Probate Court of Monroe 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 fo rthe compensation for such

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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 Monroe 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. Except as hereinafter provided, the Judge of the Probate Court of Monroe County shall receive for his services as such that minimum annual salary provided for in an Act approved March 21, 1974 (Ga. L. 1974, p. 455), relating to minimum salaries for the judges of the probate courts of this State. In the event that that person occupying the office of Judge of the Probate Court of Monroe County shall have served in that capacity for more than four years, the annual salary of such judge shall be $25,000.00, payable in equal monthly installments. 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. Duties. Section 4. The Judge of the Probate Court shall have the authority to appoint one clerk who shall be compensated in the amount of $650.00 per month payable in equal weekly

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installments. The Judge of the Probate Court shall have the authority to hire such additional help as he and the governing authority shall agree upon. It shall be within the sole power and authority of the Judge of the Probate Court, during his term of office, to designate and name the person or persons who shall be employed as the clerk, and to prescribe the duties and assignments of such clerk, and to remove or replace such clerk at will and within his sole discretion. Clerk. Section 5. The necessary operating expenses of the Judge of the Probate Court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, telephones, utilities, unforms and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the Judge of the Probate Court and the governing authority of Monroe County. Expenses. Section 6. This Act shall become effective January 1, 1978. 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 1977 session of the General Assembly of Georgia, a bill to place the Judge of the Probate Court of Monroe County on an annual salary in lieu of the fee system of compensation; to provide for a Clerk, to provide for the expenses of operating said office and the furnishing of supplies, materials, furnishings, furniture, utilities, and equipment, and

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the repair and replacement of the same, and for other purposes. This 29th day of January, 1977. /s/ Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following dates: February 2, 9 and 16, 1977. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 21st day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. CITY OF TOCCOACITY LIMITS EXPANDED. No. 699 (House Bill No. 1058). An Act to amend an Act of the General Assembly of Georgia incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as heretofore amended, so as to add additional lots, tracts or parcels of land adjacent to

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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 tracts, now outside the city limits of the City of Toccoa, be added and included in the city limits of the City of Toccoa, Georgia. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 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 Northernly direction 190 feet to an iron pin on the road; thence in Westerly direction along said road 120 feet to the beginning corner. This being a part of the land deeded from Dennis C. Ring to Carrie Hurst Nov. 3, 1943 and recorded Nov. 12, 1943 in Book 36, page 101.

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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 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 corner 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 and survey of John F. Carey, dated November 21, 1950. Said premises has a seven-room brick veneer dwelling situated thereon. 1. Parcel 10 in Lot 2 of Map 2-48, revised as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the office of the City Clerk of the City of Toccoa. 2. Hoyt Worley, Parcel 9 in Lot 2 of Map 2-48 as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the Office of the City Clerk of the City of Toccoa. 3. Garland and Ruth Smith Parcel 5 in Lot 2 of Map 2-48, revised as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the Office of the City Clerk of the City of Toccoa. 4. Freddie Holcomb, Parcel 3 in Lot 1 of Map 2-48 as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the Office of the City Clerk of the City of Toccoa. 5. D. O. Eller, Parcel 2 in Lot 2 of Map 2-48 as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the Office of the City Clerk of the City of Toccoa.

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6. Frank Keener, Parcel 1 in Lot 2 of Map 2-48 as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the Office of the City Clerk of the City of Toccoa. 7. C P Development Associates, Parcel 6 in Lot 1 of Map 2-48 as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the Office of the City Clerk of the City of Toccoa and continuing with said property as shown on Map 2-47. 8. Frank Grafton and Mildred D. Grafton, Parcel 3 in Lot 1 of Map 2-48 as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the Office of the City Clerk of the City of Toccoa. 9. Joel Hill, Parcel 6 in Lot 1 of Map 2-47 as of July, 1970 of Stephens County Tax Evaluation Map as the same are on file in the Office of the City Clerk of the City of Toccoa, Georgia. 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)

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and Fifty Eight (58) of the Harper Homesites Sub-division, 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 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 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 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 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

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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. 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 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. Roundtree, 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, 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 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

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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 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. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia on the 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

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point of beginning, and containing One (1) Acre, more or less. 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 Toccoa, 440th District, G. M., Stephens County, Georgia in 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

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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 Subdivision, according to plat of Oliver Humphries, Registered Surveyor, dated July 24, 1952. 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

Page 4400

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 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 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 East 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 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

Page 4401

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 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 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 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[UNK] 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

Page 4402

May 12, 1949, and recorded in Plat Book 2, page 153, 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 an iron pin corner on the North side of Rountree Road at the East line of Lot No. 51; thence running along the East 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 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 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 of beginning, and being Lot No. Sixty-three (63) of the Harper Home Site

Page 4403

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 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 Toccoa 440th District, G. M., Stephens County, Georgia, about three miles South of Toccoa on the East side of Rose Lane, more particularly described as follows: BEGINNING at an iron pin corner which iron pin corner is common to the lands herein conveyed, the right of way line of Rose Lane and the lands being conveyed to James E. Dill and Sue Nell Dill and running thence along the Dill line North 87 degrees 37 minutes East 198.8 feet, more or less to an iron pin corner next to formerly W. J. Rothell lands; thence South 15 degrees West 60 feet to an iron pin corner between Lots 1 and 2 of the sub-division of the Rothell lands; thence South 12 degrees 58 minutes West 100 feet to an iron pin corner next to 25 foot alley; thence along the Northern boundary line of said alley South 66 degrees 05 minutes West 200 feet to an iron pin corner on the right of way of Rose Lane Road; thence along the right of way of Rose Lane Road North 02 degrees 46 minutes East 150 feet to concrete monument; thence along said right of way North 12 degrees 17 minutes East 80 feet to the beginning iron pin corner and being all of

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Lot 1 and the Southern portion of Lot 2 in the W. J. Rothell-Rose Lane Sub-division according to plat by James H. Garrett, Jr., R. S., dated November 30, 1963. Said tract of land being bounded on the North by Dill lands, East by formerly W. J. Rothell lands, on the South by alley and on the West by Rose Lane Road. 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 right of way of Rothell Road, said iron pin being common to the Southwest corner of property of Reverend H. Moore, thence along the north right of way line of Rothell Road South 56 degrees 15 minutes West 400 feet to an iron pin corner next to Rothell property; thence with Rothell line North 49 degrees 02 minutes West 200 feet to an iron pin corner; thence with other property of Rothell North 56 degrees 15 minutes East 400 feet to an iron pin corner next to property of Reverend H. Moore, thence with Moore line South 49 degrees 02 minutes East 200 feet to the beginning corner and being Lots 1 and 2 of the property of Frank Grafton all according to plat and survey thereof by J. Ryals, Surveyor, dated October 30, 1963, to which survey reference is made for a more accurate description of said premises. 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 more particularly described as follows: BEGINNING at an iron pin corner on the South side of Lucille Lane next to Lot No. 43 of said Sub-division; thence along the line of Lot No. 43 South 10 degrees 52 minutes East 150 feet to an iron pin corner next to the rear line of Lot No. 49; thence along the rear line of Lot No. 49 South 79 degrees 08 minutes West 75 feet to an iron pin corner next to Lot No. 45; thence along the line of Lot No. 45 North 10 degrees 52 minutes West 150 feet to an iron pin corner on the South side of Lucille Lane; thence along the South side of Lucille Lane North 79 degrees 08 minutes East 75 feet to the point of beginning and being Lot No. Forty-Four (44) of the Harper Home Site Sub-division, according

Page 4405

to plat and survey of John F. Carey, Surveyor, dated May 29, 1952. All that tract or parcel of land in the 440th District, G. M., Stephens County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner on the South of the George W. Scott land on the Northeast side of State Highway #17, approximately mile Northwest of Toccoa Creek; thence running along the George W. Scott line North 82 degrees East 71 feet, to an iron pin corner; thence running South 62 degrees East 60 feet to a corner on the John Ledford line; thence running in a Southern direction along the property of John Ledford 36 feet to a point; thence along the property of John Leford South 42 degrees West 63 feet; thence North 85 degrees West 55 feet to an oak corner; thence a Northerly direction along other property of Jimmy Terrell to the iron pin corner, point of beginning, and being the remainder of that tract or parcel of land not conveyed to Jimmy Terrell this date, and being a part of that tract surveyed by O. F. Smith, Registered Surveyor, on December 6, 1958, and being a portion of the property conveyed by John Ledford to Joyce Ledford Terrell and Jimmy Terrell on December 20, 1958, as recorded in Stephens County, Georgia Records, Deed Book 69, page 410. 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 more particularly described as follows: BEGINNING at an iron pin corner on the East side of Curtis Street at the point of tangency of the curve at the Northeast intersection of Curtis Street and Lucille Lane, said point being 20 feet North as measured along the East side of Curtis Street, if said street lines were extended to form an angle instead of a curve, from said intersection and running thence along the East side of Curtis Street (unopened) North 10 degrees 45 minutes West 130 feet to an iron pin corner next to property of Ayers; thence along the Ayers property North 79 degrees 08 minutes East 75 feet to an iron pin corner next to Lot No. 27 in said sub-division; thence along the line of Lot No. 27 South 10 degrees 45 minutes East 150 feet to an iron pin corner on the North side of Lucille Lane; thence along the North side of Lucille Lane

Page 4406

South 79 degrees 08 minutes West 55 feet to the point of curvature at the intersection of Curtis Street and Lucille Lane; thence following the intersection of Curtis Street and Lucille Lane on a radius of 20 feet 31.41 feet to the point of tangency, the point of beginning on Curtis Street, and being known as Lot No. 26 of the Harper Home Site Sub-division, according to plat and survey by James H. Garrett, Jr., Registered Surveyor, dated June 29, 1955. 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, and being more particularly described as follows: BEGINNING at an iron pin corner at the Northeast corner of the intersection of Cherry Street and Rothell Road, and running thence along the Eastern boundary of Cherry Street North 20 degrees 04 minutes West 107.12 feet to an iron pin corner next to Lot I in said sub-division; thence along the line of Lot I North 69 degrees 14 minutes East 154.53 feet to an iron pin corner next to Ellenburg and Crump property; thence along the line of Ellenburg and Crump South 20 degrees 14 minutes East 107.71 feet to an iron pin corner on the North side of Rothell Road; thence along the North side of Rothell Road South 69 degrees 28 minutes West 154.84 feet to the beginning iron pin corner; and being all of Lot H of the Oakwood Acres Sub-division, according to plat and survey by James L. Garrett, Jr., Registered Surveyor, dated February 16, 1963. 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 corner on the West side of Irene Street at the Northeast corner of Lot No. 11; thence running along the North line of Lot No. 11 North 71 degrees 45 minutes West One Hundred Fifty (150) feet to an iron pin corner on the East line of Lot No. 22; thence running along the East line of Lot No. 22 North 18 degrees 15 minutes East Sixty-two and eight one-hundredths (62.80) feet to an iron pin corner on the South side of Brady Street; thence running along the South side of Brady Street South 85 degrees 04 minutes East One Hundred Fifty-four and twelve one-hundredths (154.12) feet to an iron pin corner at

Page 4407

the intersection of Brady and Irene Streets; thence running along the West side of Irene Street South 18 degrees 15 minutes West Ninety-eight and twenty-one one hundredths (98.21) feet back to the iron pin point of beginning and being all of Lot Number Ten (10) of the Ernest Brady Sub-division all according to plat and survey of said sub-division by James H. Garrett, Jr., R. S., dated November 2, 1955, and recorded in Plat Book 3, page 166, in the Office of the Clerk of Superior Court, Stephens County, Georgia, reference being made to said plat and survey and the record thereof 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, on the South side of Rountree Road and being Lot No. Sixty-Four (64) of the Harper Home Site sub-division according to plat of John F. Carey, Engineer, dated August 8, 1948, and revised May 12, 1949, and more particularly described as follows: BEGINNING at an iron pin corner on the South side of Rountree road next to Lot No. 65 of the Harper Home Sites sub-division and running thence North 79 degrees 8 minutes East along the South side of said road Seventy-five (75) feet to an iron pin corner next to Lot No. 63; thence along the line of Lot No. 63, South 10 degrees 52 minutes East One Hundred Fifty (150) feet to an iron pin corner next to Lot No. 67; thence South 79 degrees 8 minutes West Seventy-Five (75) feet along the line of Lot No. 67 to an iron pin corner next to Lot No. 65; thence North 10 degrees 52 minutes West One Hundred Fifty (150) feet along the line of Lot No. 65 to the point of beginning, all according to plat and survey of Harper Home Sites sub-division by John F. Carey, Engineer dated August 8, 1948 revised May 12, 1949, said plat being recorded in Plat Book 2, page 141 Office of Clerk Superior Court, Stephens County, Georgia. All that tract or parcel of land lying and being in G. M. D., 440th Stephens County, Georgia and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Currahee Heights Road at Chastain property; thence running along the Southwest side of said Currahee Heights Road North 17 degrees 40 minutes West One Hundred (150) feet to an iron pin corner at unnamed street

Page 4408

thence running along unnamed street; thence running along unnamed street South 70 degrees 08 minutes West One Hundred (100) feet to an iron pin corner at undeveloped property; thence running along undeveloped property South 17 degrees 40 minutes East One Hundred Fifty (150) feet to an iron pin corner at Chastain property; thence running along Chastain property North 70 degrees 08 minutes East One Hundred (100) feet back to the iron pin point of beginning, and being all of Lot Number Ninety-nine (99) 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 of survey and made a part of this description. All that tract or parcel of land lying and being in the City of Toccoa, Stephens County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the East right of way line of Ga. Highway 13, said iron pin being common with other property of Thompson; thence with Thompson line South 75 degrees 01 minutes East 48 feet to an iron pin; thence with Thompson line North 61 degrees 33 minutes East 85.2 feet to an iron pin; thence with Caudell line South 21 degrees 40 minutes West 229 feet to an iron pin; thence with Caudell line North 50 degrees 48 minutes West 107.3 feet to an iron pin on the East right of way line of Ga. Highway 13; thence with the East right of way line of Ga. Highway 13 North 21 degrees 41 minutes East 125.7 feet to the beginning iron pin corner and being 0.38 acres, all according to plat and survey for Faye R. Caudell by Clelland Tyson, Registered Surveyor dated September 21, 1976 and the same is hereby incorporated herein by reference. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia in the Harper Homesites Sub-division and more fully described as follows: BEGINNING at an iron pin corner on the South side of Lucille Lane next to Lot 44 in said Sub-division, said iron pin corner being 41.9 feet Northeast of the intersection of Lucille Lane and Curtis Street, and running thence along the right of way of Lucille Lane North 79 degrees 08 minutes East 75 feet to an iron pin corner next to Lot 46 in said Sub-division; thence along the line of Lot 46 South 10 degrees 52 minutes East 150 feet to an iron pin corner which is common

Page 4409

to Lots 45, 46, 47 and 48 in said Sub-division; thence along the line of Lot 48 South 79 degrees 08 minutes West 75 feet to an iron pin corner which is common to Lots 44, 45, 48 and 49 in said Sub-division; thence along the line of Lot 44 North 10 degrees 52 minutes West 150 feet to the beginning iron pin corner and being Lot 45 of the Harper Homesites Sub-division according to plat and survey by Clelland A. Tyson, R. S. dated May 16, 1974. All that tract or parcel of land lying and being in the Toccoa 440th District, G. M., Stephens County, Georgia, on the West side of State Highway No. 17 about three-fourths of a mile Southeast from the City of Toccoa and more particularly described as follows: BEGINNING at an iron pin corner on the West side of State Highway 17, which iron pin corner is common to the right of way of State Highway No. 17 and Lot No. 1 owned by Huckaby and the tract herein described and running thence along the line of Lot No. 1 South 38 degrees 55 minutes West 210 feet to an iron pin corner next to the Frank Collins lands; thence along the Collins line North 54 degrees 11 minutes West 104 feet to an iron pin corner next to Lot No. 3; thence along the line of Lot No. 3 N38 degrees 57 minutes West 208.8 feet to an iron pin corner on the right of way of State Highway No. 17; thence along the Western boundary of said highway South 54 degrees 37 minutes East 104 feet to the beginning iron pin corner and being known and designated as Lot No. Two (2) of the J. M. Thomason sketch of survey made for Wearon Huckaby dated February 28, 1961. Said lot being bounded on the Northwest by Lot No. 3 of said survey, on the Northeast by the right of way of State Highway No. 17, also known as Big A Road, on the Southeast by Lot No. 1 of said survey owned by Huckaby and on the Southwest by the Frank Collins lands. 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 being situated on the Northeast side of State Highway #17 and more particularly described as follows: Beginning at an iron pin corner on the right of way of State Highway #17; thence running along other property of George W. Scott North 82 degrees East One Hundred Ninety-six (196) feet to an iron pin corner; thence running South 30

Page 4410

degrees Seventy-seven (77) feet to a point; thence running South 42 degrees West Sixty-three (63) feet; North 85 degrees West Fifty-five (55) feet to an oak corner; thence running South 61 degrees West Seventy-three (73) feet to the corner of State Highway #17; thence running the Northeast side of State Highway #17 North 28 degrees West One Hundred One (101) feet back to the beginning iron pin corner containing.39 acres all according to plat and survey by O. F. Smith, C. S., R. S. December 6, 1958, reference being made to said plat and survey and made a part of this description. THERE IS EXPECTED from the above tracts two tracts of land previously conveyed by John Ledford as follows: 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 of the George W. Scott land on the Northeast side of State Highway #17, approximately mile northwest of Toccoa Creek; thence running along the George W. Scott line North 82 degrees East 71 feet, to an iron pin corner; thence running South 62 degrees East 60 feet to a corner on the John Ledford line; thence running in a Southern direction along the property of John Ledford 36 feet to a point; thence along the property of John Ledford South 42 degrees West 63 feet; thence North 85 degrees West 55 feet to an oak corner; thence a Northerly direction along other property of Jimmy Terrell to the iron pin corner, point of beginning, and being the remainder of that tract or parcel of land not conveyed to Jimmy Terrell this date, and being a part of that tract surveyed by O. F. Smith, Registered Surveyor, on December 6, 1958, and being a portion of the property conveyed by John Ledford to Joyce Ledford Terrell and Jimmy Terrell on December 20, 1958, as recorded in Deed Book 69, page 410 Stephens County, Georgia Records. 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 Northeast side of State Highway #17, approximately

Page 4411

mile Northwest of Toccoa Creek; thence running along the George W. Scott line North 82 degrees East 125 feet; more or less, to an iron pin; thence a Southerly direction along other property now owned by Joyce Ledford Terrell to an oak tree for a distance of 110 feet, more or less; thence running South 61 degrees West 73 feet along the John Ledford property to a point on the Northeast side of State Highway #17; thence running along the right of way of State Highway #17 North 28 degrees West 101 feet to the point of beginning, and being a part of that parcel of land as surveyed by O. F. Smith, Registered Surveyor, on December 6, 1958, and being a portion of the property conveyed by John Ledford to Joyce Ledford and Jimmy Terrell as recorded in Stephens County, Georgia Records, Deed Book 69, Page 410. TRACT ONE: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, 440th District, G. M. and being on State Highway #17, between the City of Toccoa and the Toccoa Municipal Water Works Lake, and being a lot 150 [UNK] 200 feet and known in said County as portion of the George W. Scott property, and being bounded on the North by property of George W. Scott; East by T. M. Wilkerson; West by property of George W. Scott and South by State Highway #17, and being the place whereon John Ledford now lives. TRACT TWO: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, in the 440th District, G. M., and being on State Highway #17 and more particularly described as follows: BEGINNING at an iron pin corner on the West side of Joel Gross Drive on the Northeast side of Highway #17; thence running North 28 degrees West One Hundred Seventy-one (171) feet to an iron pin corner; thence running North 61 degrees East Seventy-three (73) to an oak corner; thence running South 85 degrees East Fifty-five (55) feet to plumb tree corner; thence running North 42 degrees East Sixty-three (63) feet to an iron pin corner; thence running North 30 degrees West Seventy-seven (77) feet to an iron pin corner; thence running South 62 degrees East Sixty (60) feet to an oak tree corner; thence running along the line of George W. Scott South 84 degrees

Page 4412

15 minutes East Five Hundred Eight (580) [sic] feet to stake corner; thence running along the Creg Love property line South 19 degrees Thirty (30) minutes West One Hundred Twelve (112) feet to maple corner; thence running along Joel Gross property Westerly One Hundred Forty-eight (148) feet to a point; thence running North 77 degrees Thirty (30) minutes West Three Hundred Ninety-eight (398) feet to an iron pin corner; thence running along said Joel Gross line South 29 degrees West Two Hundred Thirtyfive (235) feet back to the iron pin corner of beginning on the Northeast side of State Highway #17, containing 1.49 acres, all according to plat and survey by O. F. Smith, C. S., R. S. dated December 6, 1958, reference being made to plat and survey made a part of this description. 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., and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Currahee Heights Road at the Southeast line of Lot No. 91; thence running along the Southwest side of said Currahee Heights Road South 22 degrees 11 minutes East One Hundred (100) feet to an iron pin corner on the Northwest line of Lot No. 93; thence running along the Northwest line of Lot No. 93 South 68 degrees 48 minutes West One Hundred Fifty (150) feet to an iron pin corner at undevedoped property; thence running North 22 degrees 11 minutes West Ninety-five and thirty-three One-hundredths (95.33) feet to an iron pin corner at the Southeast line of Lot No. 91; thence running along the Southeast line of Lot No. 91 North 67 degrees 01 minutes East On Hundred Fifty (150) feet back to the iron pin point of beginning and being all of Lot Number Ninety-two (92) 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. Said premises has a six-room brick-veneer dwelling situated thereon. Being the same property conveyed by Martin Realty Company to Joel Dean Whitworth by Warranty Deed, which Deed appears of record in the Office of the Clerk of Superior Court, Stephens County, Georgia.

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Land lying and being in G. M. D. 440, Stephens County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner common to Lots Nos. 124 and 125 of the Meadowbrook Subdivision, which iron pin is located 1010.19 feet Southeast of C. M. at R/W Currahee Hts. Road, and S 07 degrees 30[UNK] W 150[UNK] from Rothell Road; thence running along the South west line of Lot No. 125 S 78 degrees 13[UNK] E. Ninety-four and five one-hundredths (94.05) feet to an iron pin corner; thence running along the Southwest line of Lot No. 126 S 58 degrees 19[UNK] E. Seventy and thirty-five one-hundredths (70.35) feet to an iron pin corner; thence running along the Southwest line of Lot No. 127 S 38 degrees 18[UNK] E. Eighty-eight and twenty one-hundredths (88.20) feet to an iron pin corner; thence running along other property of Martin Realty Company S 31 degrees 51[UNK] W Sixty-eight and two-tenths (68.2) feet to an iron pin corner; thence a radius curve One Hundred Two and one-tenth (102.1) feet to an iron pin corner; thence N 28 degrees 20[UNK] W One Hundred (100) feet to an iron pin corner; thence N 59 degrees 47[UNK] W Sixty-seven and nine-tenths (67.9) feet to an iron pin corner; thence N 07 degrees 03[UNK] E One Hundred (100) feet back to the iron pin point of beginning and being all of Lot Number Two Hundred Four (#204) of the Meadowbrook Subdivision, all according to Sketch of Survey by James H. Garrett, Jr., R. S., No. 872, dated May 6, 1967, 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 Toccoa (440) G. M. D., Stephens County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Rothell Road at the Northwest corner of Lot No. 129; thence running along the Southwest side of Rothell Road North 34 degrees 29 minutes West 100 feet to an iron pin corner; thence running along the Southeast side of Lot No. 127 South 55 degrees 31 minutes West 150 feet to an iron pin corner; thence running along property of now or formerly Martin Realty Company South 34 degrees 29 minutes East 97.64 feet to an iron pin corner; thence running along the Northwest line of Lot No. 29 North 56 degrees 25 minutes East 150 feet back to the

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iron pin point of beginning and being all of LOT NUMBER 128 OF THE MEADOWBROOK SUBDIVISION, all according to sketch of survey by James H. Garrett, Jr., R. S., dated August 28, 1965, and revised July 1, 1967 to which reference is hereby made 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 Harper Home Sites Sub-division and more fully described as follows: BEGINNING at an iron pin corner on the South side of Lucile Lane next to Lot 44 in said sub-division; said iron pin corner being 191.8 feet Northeast of the intersection of Lucile Lane and Curtis Street, and running thence along the right of way of Lucile Lane North 79 degrees 08 minutes East 75 feet to an iron pin corner next to Lot 42 in said sub-division; thence along the line of Lot 42 South 10 degrees 52 minutes East 150 feet to an iron pin corner which is common to Lots 42, 43, 50 and 51 in said sub-division; thence along the line of Lot 50 South 79 degrees 08 minutes West 75 feet to an iron pin corner which is common to Lots 43, 44, 49 and 50 in said sub-division; thence along the line of Lot 44 North 10 degrees 52 minutes West 150 feet to the beginning iron pin corner and being Lot 43 of the Harper Home Sites Sub-division according to plat and survey by Clelland A. Tyson, Registered Surveyor dated April 1, 1974. 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 Southwest right of way of Georgia Highway number 17 next to property of Bagwell at a point.4 of a mile, more or less, Southeast of the City Limits of the City of Toccoa; thence South 32 degrees 17 minutes West 200 feet, more or less, to a point; thence North 65 degrees 15 minutes West 170 feet, more or less, to a point on property of Mrs. Ernest Wright; thence North 37 degrees 55 minutes East 200 feet, more or less, along property of Mrs. Ernest Wright to a point on Georgia Highway 17; thence along Georgia Highway 17 South 65 degrees 15 minutes East 166.75 feet to the beginning iron pin corner.

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All that tract or parcel of land situate lying and being in the 440th District, G. M., Stephens County, Georgia, in what is known as the Meadowbrook Sub-division according to revised plat of James H. Garrett, Jr., R. S. dated August 28, 1965, revised June 3, 1966, and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Rothell Road next to Lot No. 126 in said sub-division; running thence along the right of way of said road South 41 degrees 15 minutes East 60 feet, South 36 degrees 33 minutes East 60 feet to an iron pin corner next to Lot No. 128; thence South 55 degrees 31 minutes West 150 feet to an iron pin corner; thence North 38 degrees 18 minutes West 88.20 feet to an iron pin corner next to Lot No. 126; thence along the line of Lot No. 126 North 43 degrees 23 minutes East 150 feet to the beginning iron pin corner on Rothell Road and being known and designated as Lot No. 127 in the above sub-division. Said lot being bounded on the Northeast by Rothell Road, on the Southeast by Lot 128 of said sub-division, on the Southwest by lands of Martin Realty Company and on the Northwest by Lot No. 126 of said sub-division. Land lying and being in the G.M.D. 440, Stephens County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Rothell Road at the Northeast corner of Lot No. 123; thence running along the East line of Lot No. 123 S 0 degrees 03[UNK] W One Hundred Fifty (150) feet to an iron pin corner at undeveloped property; thence running along said undeveloped property S 87 degrees 03[UNK] E One Hundred One and Sixty one-hundredths (101.60) feet to an iron pin corner on the West line of Lot No. 125; thence running along the West line of Lot No. 125 N 07 degrees 03[UNK] E One Hundred Fifty (150) feet to an iron pin corner on the Northwest corner of Lot No. 125; thence running along the Southwest side of Rothell Road N 84 degrees 52[UNK] W Sixty (60) feet; N 89 degrees 03[UNK] W Sixty (60) feet back to the iron pin point of beginning and being all of Lot Number One Hundred Twenty-four (#124) of the Meadowbrook Subdivision, all according to Sketch of Survey by James H. Garrett, Jr., R. S., dated

Page 4416

August 25, 1963, 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 440th District, G.M., Stephens County, Georgia, in the B. F. Bruce sub-division, and more fully described as follows: BEGINNING at an iron pin corner on the West side of Hilltop Lane next to Lot 24 in said sub-division, and running thence along the right of way of Hilltop Lane South 21 degrees 02 minutes East 100 feet to an iron pin corner; thence South 68 degrees 41 minutes West 121.8 feet to an iron pin corner next to the Thomas property; thence along the line of Thomas North 22 degrees 29 minutes West 99.1 feet to an iron pin corner next to Lot 24 of the B. F. Bruce Sub-division; thence along the line of Lot 24 North 68 degrees 15 minutes East 124.3 feet to the beginning iron pin corner, and being Lot 26 of the B. F. Bruce Sub-division, according to plat and survey by Clelland A. Tyson, R. S., dated June 7, 1973. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia lying immediately North of the City Limits of the City of Toccoa and being more particularly described as follows: Being bounded on the North by property of J. O. Mouchet. on the East by property of J. O. Muchet, and the right of way of Georgia Highway 17, and on the South by the City Limits line and other property of Henry Caudell and on the West by Hubert Massey and being all of the property owned by Henry Caudell located immediately North of the present City Limits of the City of Toccoa, Georgia and which lies West of the right of way of Georgia Highway 17 and North City of Toccoa. Tract No. 1All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, on the West side of Collier Mill Road and being Lots Nos. Eighty-one (81), Eighty-two (82), Eighty-three (93), Eighty-four (84), and Eighty-five (85) of the C. T. Bell Sub-division and more particularly described as follows: BEGINNING at an iron pin corner on the West side of Collier Mill Road next to Lot No. Eighty-six (86) of the C. T. Bell Sub-division and running thence along the West

Page 4417

side of Collier Mill Road North 3 degrees 14 minutes West 222.69 feet; North 18 degrees 24 minutes West 75.53 feet to an iron pin corner at the Ayers line; thence along the Ayers line South 67 degrees 47 minutes West 175 feet to an iron pin at the Jenkins line; thence along the Jenkins line South 13 degrees 39 minutes East 79.52 feet; South 2 degrees 45 minutes East 149.62 feet to an iron pin corner next to Lot No. Eighty-six (86); thence along the line of Lot Number Eighty-six (86) South 89 degrees 37 minutes East 172.50 feet to the beginning iron pin corner, all according to plat and survey thereof by John F. Carey, Surveyor, dated June 5th, 1950, revised November 21, 1950. Said premises has a six room brick veneer dwelling situated thereon. Being the same property conveyed by Dan D. Hosea to Trustees of Athens Presbytery Presbyterian Church, U. S., by Warranty Deed dated August 7, 1954 which is recorded in Deed Book 58, Page 393, Stephens County records. Tract No. 2 All that tract or parcel of land lying and being in Stephens County, Georgia, about two miles southeast of Toccoa and about 1200 feet North by Highway 17 and about 200 west of Collier Mill Road with the following metes and bounds: BEGINNING at an iron pin at the Northwest corner of the D. D. Hosea lot the same being on the Dr. Ayers line and running thence South 13 degrees 39 minutes East 79. 52 feet to an iron pin, thence South 2 degrees 45 minutes East 149.62 feet to an iron pin at the corner of D. D. Hosea and McElreath with R. A. Jenkins, thence North 89 degrees 37 minutes West 223.80 feet to the Dr. Ayers line, thence North 4 degrees 53 minutes West 143.65 feet to an iron pin, thence North 68 degrees 34 minutes East 225.9 feet to the beginning and containing 0.962 acres according to a map by John F. Carey, Surveyor, Cornelia, Georgia and dated June 22, 1950, a copy of same being attached to this deed and made a part of this conveyance. Being the same property conveyed by Dan D. Hosea to Trustees of Athens Presbytery Presbyterian Church, U. S., by Warranty Deed dated March 6, 1969.

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All that tract or parcel of land situate, lying and being in the 440th District, G. M., Stephens County, Georgia, and being a portion of the original Currahee Heights Survey, near the City of Toccoa and more particularly described as follows, to-wit: Beginning at an iron pin corner on the North side of Skyline Drive, which iron pin corner is 464.33 feet from the intersection of Cherry Lane and Skyline Drive; and running thence along the Northern boundary of Skyline Drive South 69 degrees 43 minutes West 25 feet to an iron pin corner next to the property now owned by James Scarborough; thence along the line of the Scarborough property North 47 degrees 55 minutes West 529.15 feet to an iron pin corner on the branch; thence along the branch North 30 degrees 40 minutes East 25 feet to an iron pin corner next to the Ivester lands; thence along the lands of Ivester South 47 degrees 55 minutes East 550 feet, more or less, to the beginning iron pin corner and making a lot fronting on the North side of Skyline Drive 25 feet and extending back Northwest, same width as front to the branch, and being bounded on the North by Branch, on the Northeast by Charles Ivester; on the Southeast by Skyline Drive and on the Southwest by James Scarborough. All that tract or parcel of land lying and being in Stephens County, Georgia, Toccoa District, and known as a part of the Charles Ivester tract of land in Currahee Heights, described as follows: BEGINNING at an iron pin corner on Skyline Drive; thence South 69 degrees 43 minutes West 200 feet to an iron pin corner; thence along the gully line North 47 degrees 00 minutes West 310 feet; thence North 63 degrees 15 minutes West 90 feet to an iron pin corner on branch line; thence along branch line North 30 degrees 40 minutes East 200 feet to iron pin corner, being a portion of Lots No. 19, 20, 21 and 22 of a plat of survey made by James H. Garrett, Jr. Georgia Registered Surveyor No. 872, dated April 12, 1956, to which plat reference is hereby made for a full and complete description of the land herein conveyed. The tract of land herein conveyed contains 1.688 acres, more or less. Being the same property conveyed by Charles Ivester to James Scarborough by Warranty Deed dated April 14, 1956, which Deed is recorded in Deed Book 62, page 454 in the

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Office of the Clerk of Superior Court, Stephens County, Georgia. All that tract or parcel of land lying and being in Stephens County, Georgia, in 440 G. M. District and containing 0.72 acres and described as follows, to wit: Beginning at an iron pin corner 285.1[UNK] N. 47 degrees 55[UNK] W to iron pin corner; thence N. 71 degrees 48[UNK] E 1847[UNK] to iron pin; thence S. 33 degrees 09[UNK] E 159.35[UNK] to iron pin corner; thence S. 23 degrees 34[UNK] W. 126.1[UNK] to iron pin corner, the beginning point. Said property has a car shed on it which is now being used by James G. Scarbrough to put his trucks and cars in. Said land is located in 440th District G. M. Stephens County, Georgia. Said plat was made by James G. Garrett, Surveyor. BEGINNING at an iron pin corner common to Lot 58 of the Harper Subdivision, the Jenkins property and the property herein described, and running thence along the line of the Harper Subdivision north 20 degrees 21 minutes west 312.41 feet to an iron pin corner next to the Ayers Property; thence along the line of the Ayers Property north 77 degrees 08 minutes east 159.12 feet to an iron pin corner next to the Presbyterian Church property; thence along the line of the Church property, and the property of Jenkins south 04 degrees 53 minutes east 300.05 feet to an iron pin corner next to Jenkins property; thence along the line of the Jenkins property south 67 degrees 39 minutes west 77.87 feet to the beginning iron pin corner, all according to Plat and Survey by James H. Garrett, Jr., Registered Surveyor, dated June 19, 195. Beginning at an iron pin corner on the south side of Rothell Road next to Lot No. 121 of the Meadowbrook Subdivision, said iron pin corner being 580.39 feet southeast of the intersection of Currahee Heights Road and Rothell Road, and running thence along the line of Lot No. 121 south 20

Page 4420

degrees 15 minutes east 150 feet to an iron pin corner; thence north 74 degrees 45 minutes east 100 feet to an iron pin corner next to an unopened road; thence along said unopened road north 20 degrees 15 minutes west 150 feet to an iron pin corner on the south side of Rothell Road; thence along the south side of Rothell Road south 74 degrees 45 minutes west 100 feet to the beginning iron pin corner and being Lot No. 122 of the Meadowbrook Subdivision according to plat and survey by James E. Flanders, Registered Surveyor, dated April 22, 1966. All that tract or parcel of land lying and being in the Toccoa G.M.D. 440th Stephens County, Georgia and more particularly described as follows: BEGINNING at an iron pin corner at the intersection of Rothell Road and Rose Lane; thence running along the Northwest side of Rothell Road N 51 degrees 40[UNK] E Six Hundred Twenty (620) feet to an iron pin thence N 52 degrees 47[UNK] E Two Hundred Thirty-Seven (237.0) feet to an iron pin, which iron pin is 305.1 feet Southwest of Catholoic Church corner; thence running along the Catholic Church property S 59 degrees 16[UNK] W One Hundred (100) feet to an iron pin; thence S 69 degrees 24[UNK] W One Hundred (100) feet to an iron pin; S 72 degrees 12[UNK] W Two Hundred Ninety-two and six-tenths (292.6) feet to an iron pin; thence N 22 degrees 53[UNK] W Two Hundred Fifty-four and eight-tenths (254.8) feet to an iron pin; thence S 57 degrees 09[UNK] W One Hundred Forty-five (145) feet to an iron pin on the East side of Rose Lane; thence running along the East side of Rose Lane S 5 degrees 0[UNK] E Five Hundred Sixty (560) feet back to the iron pin point of beginning all according to Plat and Survey by J. T. Mayr, R.S., P.E., January 24, 1964, reference being made to said plat and survey and made a part of this description. Said property being a part of the W. J. Rothell Tract. Being the same property conveyed by W. J. Rothell to Margaret O. Elrod by Warranty Deed dated September 3rd, 1964, which Deed is recorded in Deed Book 88, page 62 in the Office of the Clerk of Superior Court, Stephens County, Georgia.

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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., of said County, and being more particularly described as follows: Beginning at an iron pin corner on Rose Lane (County Road); thence along other property of W. J. Rothell, N. 57.36 W. 354 feet to an iron pin, same being the corner between property of grantor and Oscar Carpenter; thence along said line N. 57.09 E. 200 feet to an iron pin corner; thence S. 58.46 E. 337.5 feet to an iron pin corner, said corner being 200 feet from right of way of State Highway No. 17; thence along Rose Lane (County Road) S. 52.00 W. 200 feet to the beginning iron pin corner. Said tract of land containing 1.49 acres, according to survey by James H. Garrett, Jr., as recorded in Surveyor's Record No. 1, page 223, said survey dated Nov. 15th, 1952. 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., Stephens County, Georgia and known and designated as the SOUTHEAST ONE-HALF OF LOT NUMBER TWELVE (12) of the B. F. Bruce Subdivision in the original Collins tract and being described as follows: BEGINNING at a corner on the Southwest side of Hilltop Lane at the Northeast side of Lot No. 14 of said Subdivision; thence running along the line of Lot No. 14 in a Southwesterly direction One Hundred Twenty-one and one-half (121-) feet to a point at W. A. Collins Estate property; thence running in a Northwesterly direction Fifty (50) feet along the W. A. Collins Estate property to a point; thence running in a Northeasterly direction One Hundred Twenty-one and one-half (121-) feet to a point on the Southwest side of Hilltop Lane; thence running in a Southeasterly direction along Hilltop Lane Fifty (50) feet back to the point of beginning. Being a portion of the property conveyed by John T. Merck to James Henry Payne by Warranty Deed dated July 12, 1955, which Deed is recorded in Deed Book 62, page 34 in the Office of the Clerk of Superior Court, Stephens County, Georgia.

Page 4422

Being also a portion of the property conveyed by Ronald H. James to Mrs. Lucy S. James by Warranty Deed dated June 8, 1968, which deed is recorded in Deed Book 100, page 4, 5 in the Office of the Clerk of Superior Court, Stephens County, Georgia. Also, being the same property conveyed from Mrs. Lucy S. James to Ronald H. James by Warranty Deed dated March 14, 1970 recorded in Deed Book 106, Page 70 in the Office of the Clerk of Superior Court, Stephens County, Georgia. All that tract or parcel of land situate, 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 Northwest side of Andrews Road at the Southeast corner of Lot No. 218 of the Meadowbrook Subdivision; thence running along the Northwest side of Andrews Road South 70 degrees 08 minutes West 100 feet to an iron pin corner; thence running along the Northeast line of Lot No. 216 North 17 degrees 40 minutes West 150 feet to an iron pin corner; thence running along undeveloped property North 70 degrees 08 minutes East 100 feet to an iron pin corner; thence running along the Southwest line of Lot No. 218 South 10 degrees 40 minutes East 150 feet back to the iron pin point of beginning and being all of Lot Number [sic] 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 Rountree Road next to Lot No. 61 (and being 90 feet West from the Southwest corner of the intersection of Maka Way and Rountree Road) and running thence along the line of Lot No. 61 South 10 degrees 52 minutes East One Hundred Ninety-five and eighty-five one-hundredths (195.85) feet to an iron pin corner next to Bell Subdivision; thence along the Bell Subdivision South 68 degrees 15 minutes West 76.39 feet to an iron pin corner next to Lot No. 67; thence along the line of Lot No. 67 and Lot No. 63 North 10 degrees 52 minutes West Two Hundred Ten and thirty one-hundredths (210.30) 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 beginning corner, and being Lot No. 62

Page 4423

of the Harper Home Site Subdivision, according to Plat and Survey of John F. Carey, dated November 9, 1951. Being the same premises conveyed by Carry Ree Watson to Mrs. A. L. Bramlett by Warranty Deed dated April 15, 1967, recorded in Clerk's Office, Stephens County, Georgia. All that tract or parcel of land lying and being in the 440th G.M.D., Stephens County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Hayes Street at Southern Railway property line; thence running along right of way of the Southwest side of Hayes Street North 79 degrees 00 minutes West 170 feet to an iron pin corner; thence running along property of Carolyn Sellers South 05 degrees 55 minutes West 79 feet to an iron pin corner; thence running along the Southern Railway property line North 75 degrees 17 minutes East 181 feet back to the iron pin point of beginning and being a triangular shaped lot and containing.152 acres, all according to plat and survey by Curtis F. Cannington for Thad A. Garland dated June 23, 1972, reference being made to said plat and survey and made a part of this description. Being the same premises conveyed by Thad A. Garland to Janelle C. Hart Garland by Warranty Deed dated January 8, 1974, recorded in Deed Book 122, Page 79, Stephens County, Georgia Records. All that tract or parcel of land lying and being in the 440th G.M.D., Stephens County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Hayes Street at Southern Railway property line; thence running along right of way of the Southwest side of Hayes Street North 79 degrees 00 minutes West 170 feet to an iron pin corner; thence running along property of Carolyn Sellers South 05 degrees 55 minutes West 79 feet to an iron pin corner; thence running along the Southern Railway property line North 75 degrees 17 minutes East 181 feet back to the iron pin point of beginning and being a triangular shaped lot and containing

Page 4424

.152 acres, all according to plat and survey by Curtis F. Cannington for Thad A. Garland dated June 23, 1972, refence being made to said plat and survey and made a part of this description. Being the same premises conveyed by Thad A. Garland to Janelle C. Hart Garland by Warranty Deed dated January 8, 1974, recorded in Deed Book 122, Page 79, Stephens County, Georgia Records. Land lying and being in the 440th District, G. M., Stephens County, Georgia, in the B. F. Bruce Sub-Division, more particularly described as follows: BEGINNING at an iron pin corner at the intersection of Collins Road and Hilltop Lane and running thence along the South side of Collins Road South 89 degrees 18 minutes East 131.50 feet to an iron pin corner; thence South 21 degrees 51 minutes East 164.45 feet to an iron pin corner next to Lot No. 5 in said sub-division; thence along the line of Lot No. 5 South 68 degrees West 121.25 feet to an iron pin corner on the East side of Hilltop Lane; thence along the East side of Hilltop Lane North 21 degrees 53 minutes West 215.25 feet to the beginning iron pin corner and being Lots One (1) and Three (3) of the B. F. Bruce Sub-division according to plat of James H. Garrett, Jr., Registered Surveyor dated July 1, 1955. Land lying and being in 440th G.M.D., Stephens County, Georgia and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Hayes Street thence running along the Southwest side of Hayes Street N 79 degrees 00[UNK] W Seventy-Five (75) feet to an iron pin corner; thence running S 05 degrees 55[UNK] W One Hundred Fourteen (114) feet to an iron pin corner; thence running along R/W of Southern Railway property N 75 degrees 17[UNK] E Eighty (80) feet to an iron pin corner; thence running along other property of Thad A. Garland N 05 degrees 55[UNK] E Seventy-Nine (79) feet back to the iron pin point of beginning on the Southwest side of Hayes Street and containing.166 Acres, all according to Plat and Survey by

Page 4425

Curtis F. Cannington, Ga. Reg. #1433, Stephens County Surveyor, Toccoa, Georgia, dated June 23, 1972, 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 County of Stephens, State of Georgia and known as the B. F. Bruce Subdivision in the original Collins Tract and being all of Lot Number Six (#6) Hilltop Lane, 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. Being a portion of the property conveyed by Chandler G. Collier to B. F. Bruce by Warranty Deed dated March 12, 1954 which deed is recorded in Deed Book 58, page 283 and being a portion of the property conveyed by B. F. Bruce to D. J. Rice by Warranty Deed dated April 3, 1954, which deed is recorded in Deed Book 58, page 304. All of said deeds referred to 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 State of Georgia, County of Stephens, and in the 440th District, G. M., and more particularly described as follows: BEGINNING at an iron pin corner on the Southeast side of Collier Road at proposed 50.50[UNK] unnamed street; thence running along the Southeast side of Collier Road North 55 degrees 22 minutes East One Hundred Forty-nine and seventy one-hundredths (149.70) feet to an iron pin at the Northwest corner of Lot No. 81; thence running along the Southwest line of Lot No. 81 South 28 degrees 32 minutes East One Hundred Fifty (150) feet to an iron pin corner at undeveloped property; thence running along line of undeveloped property South 61 degrees 13 minutes West Eighty-two and thirty-five one-hundredths (82.35) feet to an iron pin corner; thence running along proposed 50.50[UNK] unnamed street North 54 degrees 47 minutes West One Hundred Fifty (150) feet back to the iron pin point of beginning

Page 4426

and being all of Lot Number Eighty-two (#82) of the Meadowbrook Subdivision, all according to Plat and 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. Said premises has a new sixroom brick veneer dwelling situated thereon. Being the same property conveyed by Martin Realty Company to Eugene Talmadge Gulley by Warranty Deed which Deed appears of record in the office of the Clerk of Superior Court, Stephens County, Georgia. As a part of the consideration of this conveyance, the grantees assume and agree to pay the balance due on a Security Deed from Eugene Talmadge Gulley to Stephens Federal Savings Loan Association dated August 4, 1966 recorded in Deed Book 95, Page 105-107 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 an iron pin corner on the Northeast side of Cherry Street at the Northwest line of Lot J; thence running along the Northwest line of Lot J N 68 degrees 48[UNK] E One Hundred Fifty-three and ninety-one one-hundredths (153.91) feet to an iron pin corner on the Southwest line of Lot No. 34 Carpenter property; thence running along said Southwest line of Lot No. 34 Carpenter property N 20 degrees 14[UNK] W One Hundred Seven and seventy-one hundredths (107.71) feet to an iron pin corner on the Southeast line of Lot No. 15 Oakwood Acres Subdivision; thence running along the Southeast line of Lot No. 15 Oakwood Acres Subdivision S 68 degrees 35[UNK] W One Hundred Fifty-three and sixty-one-hundreths (153.60) feet to an iron pin corner on the Northeast side of Cherry Street; thence running along the Northeast side of Cherry Street S 20 degrees 04[UNK] E One Hundred Seven and Twelve one-hundredths (107.12) feet to the iron pin point of beginning and being all of Lot K of the Oakwood Acres Subdivision, all according to Plat and Survey by James H. Garrett, Jr., Registered Surveyor, dated November 11, 1961, reference being made to said Sketch of Survey and made a part of this description.

Page 4427

ALL that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and being in the 440 G.M.D. of Stephens County, Georgia, being a portion of that certain tract of land conveyed to E. L. Farmer by Warranty Deed recorded in Deed Book 42, page 74, in the office of the Clerk of Superior Court of Stephens County Georgia. The tract herein described contains 1.52 acres as shown by a plat made by O. F. Smith, R. S., and dated April 28, 1961. Said tract of land being described as: BEGINNING at the intersection of U. S. Highway No. 17 leading to Clarkesville, and the paved road leading to Black Top Mountain, at the Southeast corner of said intersection which point of beginning; run thence North 75 degrees East 100 feet to a point; thence South 88 degrees East 90 feet to a point; thence South 52 degrees East 165 feet to a point; thence South 64 degrees East 210 feet to a point; thence South 51 degrees 228 feet to an iron pin located on the East right of way boundary of U. S. Highway No. 17; thence run North 36 degrees West 98 feet to a point; thence run North 43 degrees West 258 feet to a point; thence run North 55 degrees West 112 feet back to the point of beginning. All that lot, tract or parcel of land lying and being in the 440th district, G.M., of Stephens County, Georgia, just outside of the corporate limits of the City of Toccoa, Georgia, and known and designated as Lot #6 in Block #3 of the M. B. Collier survey of BROOKWOOD property, a plat of which is on file in the office of the Clerk of the Superior Court of said County, which is hereby made a part of the description, said lot fronting 50 feet on Woodlawn drive and running back 170 feet along lot #5, same being 50 feet on the back side, thence running to Woodlawn Drive a distance of 185 feet. AND... ALSO lot #7 in Block #3, and fronting 50 feet on Woodlawn Drive and running back 185 feet and being 50 feet across the back side, thence along lot #8 50 feet across the back side, thence along lot #8 of said property 218 feet to Woodlawn Drive, all according to the above mentioned plat which is hereby made a part of this description, lots #6 and #7 adjoining and being known as a portion of the Northcutt

Page 4428

property. Grantor is to pay the lien against these two lots in favor of Richardson Lumber Company. ALSO, all that lot, tract or parcel of land lying and being in the County of Stephens, State of Georgia, and described as: One lot of land with all improvements thereon, lying and being in the 440th district, G.M. of Stephens County, Georgia, just outside of the corporate limits of the City of Toccoa, Georgia, and known as LOTS EIGHT (8) and NINE (9) in Block #3 of the M. B. Collier survey of BROOKWOOD PROPERTY, a plat of which is now on record in plat book 2, page 112, in the office of clerk superior court of said County, and more particularly described as follows: BEGINNING at the corner of lot herein described and corner of lot No. 10, of said survey on Southwest side of WOODLAWN DRIVE, which said beginning corner is 389 feet from the junction of WOODLAWN Drive and Hayes Street, and running thence from said beginning corner with lot #10 of said survey South 50-1/4 degrees West 232 feet, thence with lots numbers 23 and 22 of said survey N 37- degrees West 96 feet, thence with lot number #7 of said survey N 50-1/4 degrees East 215 feet, thence with Southwest side of Woodlawn Drive S 47- degrees East 100 feet to the beginning corner. Being the same property conveyed by Mrs. S. A. Northcutt to Frank Sosebee, by warranty deed, dated June 12th, 1949, recorded Book 46 on page 311, office of Clerk Superior Court of said County. All that tract or parcel of land lying and being in the State of Georgia, County of Stephens, and known as Lots Nos. 10 and 11, of plat of Stephens County Farm, made by M. B. Collier, County Surveyor, recorded in Surveyor's Record No. 1, page 134, 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. 10 containing 0.51 acres, and Lot No. 11 containing 0.51 acres, each fronting 100 feet on Prather Bridge Road (Georgia State Highway 106). Being the same property conveyed from Stephens County to R. W. Acree by Warranty Deed dated March 12, 1940, and recorded in Deed Book 31, Page 361, Stephens County Records. All that tract or parcel of land lying and being in the

Page 4429

County of Stephens, State of Georgia, and described as beginning at an iron pin corner at the intersection of the Prather Bridge Road (Georgia State Highway 106) and the old road leading to the Toccoa Electric Light Plant sight; thence running along said old road North 44 East 68 feet to an iron pin corner, cornering with a lot of E. R. Voyles; thence a North course along said Voyles lot 268 feet to an iron pin corner, also being the corner of said Voyles lot; thence South 4- East 60 feet to an iron pin corner, being the corner of Lot No. 11; thence South 49 East 225 feet to the beginning corner. Being the same property conveyed from I. F. McMinn to R. W. Acree by Warranty Deed dated February 9, 1943, recorded in Deed Book 35, Page 149, 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 Northeast side of State Highway 106 and more particularly described as follows: BEGINNING at an iron pin corner on the Northeast right of way of State Highway 106, said corner being located 152 feet Southeast from the intersection of State Highway 106 and State Highway 145 and next to property of Stephens County, and running thence along the line of property of Stephens County North 55 degrees 58 minutes East 68.8 feet to an iron pin corner on the right of way of State Highway 145; thence along the right of way of State Highway 145 South 52 degrees 9 minutes East 604 feet to a corner next to property of W. Richard Acree; thence along the W. Richard Acree line South 51 degrees 3 minutes West 165.4 feet to a corner on the right of way of State Highway 106; thence along said right of way North 34 degrees 30 minutes West 314 feet to the point of beginning and being Lot No. 1 on the plat and survey dated September 23, 1976 by A. B. Turnbull, Registered Surveyor. All that tract or parcel of land situate, lying and being in the 440th District, G. M., Stephens County, Georgia, on the East side of West Currahee Street (State Highway 123) and more particularly described as follows: BEGINNING at an iron pin corner on the East side of right of way of West Currahee Street next to property of Addy and running thence

Page 4430

along the Addy line South 81 degrees East 150 feet to an iron pin corner; thence South 11 degrees 45 minutes West 149.2 feet to an iron pin corner; thence North 81 degrees West 150 feet to an iron pin corner on the East side of West Currahee Street; thence along the East side of West Currahee Street North 22 degrees 18 minutes East 36.5 feet; North 08 degrees 34 minutes East 113.5 feet to the point of beginning and containing 0.50 acre all according to plat and survey thereof dated September 17, 1976 by A. B. Turnbull, Registered Surveyor. 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 106 and more particularly described as follows: BEGINNING at an iron pin corner on the Northeast right of way of State Highway 106, said corner being located 466 feet Southeast from the intersection of State Highway 106 and State Highway 145 and next to property of Acree Oil Company; thence along the line of property of Acree Oil Company North 51 degrees 3 minutes East 165.4 feet to a corner on the right of way of State Highway 145; thence along said right of way South 52 degrees 9 minutes East 69 feet to a corner next to Kesler property; thence along the line of Kesler South 50 degrees 9 minutes West 185 feet to a corner on the right of way of State Highway 106; thence along said right of way North 34 degrees 30 minutes West 69 feet to the point of beginning and being Lot No. 2 on plat and survey dated September 23, 1976 by A. B. Turnbull, Registered Surveyor. All that tract or parcel of land 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 North side of Rountree Road next to Lot 50 in said sub-division, and running thence along the North side of Rountree Road South 79 degrees 08 minutes West 77 feet to an iron pin corner; thence North 10 degrees 52 minutes West 150 feet to an iron pin corner next to Lot 45 in said sub-division thence along the line of lots 45 and 44 North 79 degrees 08 minutes East 77 feet to an iron pin corner common to Lots 43, 44, 49 and 50 of said sub-division; thence along the

Page 4431

line of Lot 50 South 10 degrees 52 minutes East 150 feet to the beginning iron pin corner and being Lot Forty-Nine and two feet off of the East side of Lot Forty Eight of the Harper Home Sites Sub-division, according to plat and survey by G. Dwight Pless, Registered Surveyor, dated November 6, 1969. All that tract or parcel of land situate, lying and being in the 440th District, G. M., Stephens County, Georgia, located on the Southeast side of Rose Lane, and being more particularly described as follows: Beginning at an iron pin corner on the Southeast side of Rose Lane, said iron pin corner being 563 feet Southwest of the intersection of Rose Lane and a County Road, and running thence South 37 degrees 00 minutes East 350 feet to an iron pin corner; thence North 40 degrees 49 minutes East 602 feet to an iron pin corner on a County Road; thence along said County Road South 41 degrees 13 minutes East 682.4 feet to an iron pin corner; thence North 24 degrees 14 minutes West 1289.6 feet to an iron pin corner on Eastanollee Creek; thence along the center of Eastanollee Creek for the line in a Northwestern direction 685 feet, more or less, to a corner; thence continuing along the center of Eastanollee Creek for the line in a general Northwestern direction 1,049 feet, more or less, to an iron pin corner on the Southeast side of Rose Lane; thence along the Southeast side of Rose Lane North 40 degrees 26 minutes East 130 feet, more or less, to an iron pin, North 45 degrees 00 minutes East 100 feet, North 54 degrees 04 minutes East 100 feet, North 65 degrees 54 minutes East 100 feet, North 72 degrees 19 minutes East 169.4 feet to the beginning iron pin corner, and containing 33.93 acres, more or less, according to plat and survey by G. Dwight Pless, Registered Land Surveyor, dated July 8, 1968, and being bounded on the Northwest by Rose Lane and Martin Lumber Company lands, on the North-east by a County Road, on the Southwest and West by Eastanollee Creek. All that tract or parcel of land lying and being in the Toccoa 440th District, G.M., on the Mize and Toms Creek Roads and more particularly described as follows: BEGINNING

Page 4432

at the forks of said roads and running thence South 42-3/4 East 164 feet along the Toms Creek Road; thence along said road South 44-1/2 East 151 feet; South 39-1/4 East 129 feet to a corner next to the Duvall line; thence South 48-1/2 West 110 feet more or less to a stake on the Duvall and Verner line; thence along the Verner line a Northern direction 293 feet, more or less, to a stake on the Mize Road; thence along the Mize Road to a stake corner on Lot No. Five (5); thence North 6-1/2 West 73 feet; thence North 11-1/4 West 100 feet to the beginning corner and being known as Lot No. Five (5) and a part of Lot No. Four (4) of the plat of J. E. D. Isbell lands surveyed March 24th and August 25th, 1939, by M. B. Collier, County Surveyor, Stephens County, Georgia, said plat being recorded on page 129, Surveyor's Record No. 1, Stephens County, Georgia. BEGINNING at an iron pin corner on the Northside of Rountree Road next to Lot No. 55 in said subdivision, said iron pin corner being on the line between Lots 54 and 55 of said sub-division and being Seventy-Five (75) feet, more or less, from the intersection of Rountree Road and Maka Way, and running thence along the North side of Rountree Road, South 79 degrees 08 minutes West Seventy-five (75) feet to an iron pin corner next to Lot No. 53 in said subdivision; thence along the line of Lot No. 53 North 10 degrees 52 minutes West One Hundred Fifty (150) feet to an iron pin corner which is common to Lots 53, 54, 39 and 40 in said sub-division; thence along the line of Lot No. 39 in said sub-division North 79 degrees 08 minutes East Seventy-five (75) feet to an iron pin corner which is common to Lots 39, 38, 54 and 55 in said sub-division; thence along the line of Lot No. 55 South 10 degrees 52 minutes East One Hundred Fifty (150) feet to the beginning iron pin corner, and being Lot No. Fifty-four (54) of the Harper Homesites Subdivision, according to plat and survey by James H. Garrett, Jr., Registered Surveyor, dated July 20, 1963. All that tract or parcel of land being in accordance with plat and survey by James H. Garrett, Jr. dated Nov. 28, 1952, containing 5.12 acres, which plat and survey is referred to and being: All that tract or parcel of land lying

Page 4433

and being the County of Stephens, State of Georgia and in the 440th District, G. M. and being more fully described as follows: BEGINNING at an iron pin corner on the North side of Rothell road, said point of beginning being the corner of the tract herein conveyed and property of Catholic Church, thence with the Rothell road S. 51 degrees 22 minutes W. 305.1 feet; S. 59 degrees 16 minutes W. 100 feet; S. 69 degrees 24 minutes W. 100 feet; S. 72 degrees 12 minutes W. 292.6 feet to an iron pin on the North side of said Rothell road at other property of W. J. Rothell; thence with the W. J. Rothell line N. 22 degrees 53 minutes W. 254.8 feet to an iron pin at a Rock wall on Oscar Carpenter's line; thence with the Carpenter line N. 57 degrees 09 minutes E. 591.2 feet to Catholic Church line; thence with the Church line S. 57 degrees, 36 minutes 354 feet to the beginning corner. ALL that tract or parcel of land lying and being on the South side of State Highway 145 and in the 440th District, G. M., Stephens County, Georgia and more particularly described as follows: BEGINNING at an iron pin corner on the Southside side of right of way of Georgia Highway 145 next to property formerly owned by Perkins and running thence along the said Highway South 64 degrees 30 minutes 203.8 feet; thence South 59 degrees 13 minutes East 123.7 feet to the right of way of unnamed street; thence along said right of way South 03 degrees 25 minutes West 208.6 feet to a corner; thence North 86 degrees 35 minutes West 446.6 feet to the centerline of a branch; thence along the centerline of the branch in a Northern direction 46 feet to a corner; thence North 28 degrees 46 minutes East 328.9 feet to beginning corner containing 2.54 acres and being Tract No. 1 of the survey dated August 7, 1973 for Elliott Caudell by Clelland A. Tyson, Registered Surveyor. AND ALSO: The South side of right of way of Georgia Highway 145 from the Eastern City Limits of the City of Toccoa East to said property. 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

Page 4434

corner on the Northeast side of State Highway #17, approximately 1320 feet Northwest of Toccoa Creek; thence running along the George W. Scott line North 82 degrees East 125 feet to an iron pin; thence South 10 degrees West 72.5 feet along other property now owned by Joyce Ledford Terrell to an oak tree; thence running South 61 degrees West 73 feet along the John Ledford property to a point on the Northeast side of State Highway No. 17; thence running along the right of way State Highway #17 North 28 degrees West 101 feet to the point of beginning, and being a part of that parcel of land as surveyed by O. F. Smith, Reg. Surveyor, on December 6, 1958, and being a portion of the property conveyed by John Ledford to Joyce Ledford Terrell and Jimmy Terrell as recorded in Stephens County, Georgia Records, Deed Book 69, Page 410. Said premises being fully described in plat and survey of Curtis F. Cannington, C. S., dated February 3, 1972. Said tract of land being bounded on the North by lands known as the George W. Scott lands, on the East by lands of Joyce Ledford Terrell and Jimmy Terrell, on the South by the lands of John Ledford and on the West by the right of way of State Highway 17. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being that twenty-eight (28) acres, more or less, shown on a plat of survey executed by J. M. Thomason, Registered Professional Engineer No. 3465 dated June 12, 1964, said property being more fully described as follows: BEGINNING at an iron pin corner located on the South-west side of the New Toccoa Falls Road at its intersection with a fifty-foot right of way on the West boundary of Georgia Highway No. 17, said iron pin corner being the point of beginning; thence South 36 degrees 00 minutes East 38.6 feet to an iron pin; thence South 61 degrees 26 minutes West 206.4 feet to an iron pin; thence South 26 degrees 02 minutes East 173.7 feet to an iron pin; thence South 33 degrees 18 minutes East 144.7 feet to an iron pin; thence South 33 degrees 18 minutes East 50 feet to an iron pin; thence North 60 degrees 18 minutes East 297.0

Page 4435

feet to an iron pin West right of way of Georgia Highway No. 17; along said right of way South 49 degrees 02 minutes East 130.5 feet to an iron pin; thence South degrees 59 minutes East 184.5 feet to an iron pin; South 48 degrees 59 minutes East 307.0 feet to an iron pin corner at Toccoa Creek; thence along the meanderings of Toccoa Creek South 46 degrees 18 minutes West 121 feet to an iron pin; South 75 degrees 50 minutes West 100 feet to an iron pin; South 51 degrees 36 minutes West 162.0 feet to an iron pin; South 19 degrees 46 minutes West 100 feet to an iron pin; South 63 degrees 36 minutes West 200 feet to an iron pin; South 29 degrees 36 minutes West 197.0 feet to an iron pin corner, said iron pin being located on the Old Toccoa Falls Road at its Northwest boundary and being located nine (9) feet from the West boundary of Toccoa Creek; thence running along the Old Toccoa Falls Road from said iron pin North 83 degrees 33 minutes West 50.7 feet to an iron pin; North 85 degrees 21 minutes West 100 feet to an iron pin; North 75 degrees 59 minutes West 100 feet to an iron pin; North 67 degrees 54 minutes West 100 feet to an iron pin; North 61 degrees 09 minutes West 100 feet to an iron pin; North 50 degrees 33 minutes West 100 feet to an iron pin; North 51 degrees 50 minutes West 100 feet to an iron pin; North 63 degrees 44 minutes West 100 feet to an iron pin; North 70 degrees 49 minutes West 100 feet to an iron pin corner; thence North 17 degrees 02 minutes West 500 feet to an iron pin; thence North 14 degrees 09 minutes West 100 feet to an iron pin; thence North 08 degrees 05 minutes West 200 feet to an iron pin; thence North 06 degrees 42 minutes East 270.5 feet to an iron pin corner on the South side of the New Toccoa Falls Road; thence along said road South 79 degrees 46 minutes East 132.6 feet to an iron pin; South 80 degrees 29 minutes East 143.3 feet to an iron pin; South 82 degrees 45 minutes East 115.0 feet to an iron pin; South 83 degrees 05 minutes East 123.4 feet to an iron pin; South 85 degrees 00 minutes East 87.6 feet to an iron pin; South 85 degrees 56 minutes East 212.6 feet back to the point of beginning; 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

Page 4436

iron pin on the East side of the right of way of Georgia Highway 13, said iron pin being common with the corner of Thompson property; thence with Thompson line South 75 degrees, 01 minutes East 48 feet to an iron pin corner; thence continuing along the Thompson line North 61 degrees 33 minutes East 85.2 feet to an iron pin corner; thence with other property of Caudell South 21 degrees 40 minutes West 229 feet to an iron pin corner; thence with other property of Caudell North 50 degrees 48 minutes West 107.3 feet to an iron pin corner on the East right of way line of Georgia Highway 13; thence running along the East right of way line of Georgia Highway 13 North 21 degrees 41 minutes East 125.7 feet and containing 0.38 acres, all according to plat and survey thereof by Clelland A. Tyson, Registered Surveyor dated September 21, 1976 for Faye R. Caudell, and reference is made to said plat and survey for a more complete and accurate description of said premises. Being the property upon which Caudell's Hardware and Real Estate Offices are located. There is further annexed all of the right of way of Georgia Highway 13 from the present City Limits South to in front of the property above annexed. Land lying and being in the 440th District, G. M., Stephens County, Georgia in the B. F. Bruce Sub-division, and being more particularly described as follows: BEGINNING at an iron pin corner on the West side of Hilltop Lane next to Lot No. 16 in said subdivision, and running thence along the line of Lot No. 16 in a Western direction 121 feet, more or less, to an iron pin; thence running in a Northern direction 100 feet, more or less, to an iron pin corner on Lot No. 12 in said Subdivision; thence running in an Eastern direction 121 feet, more or less, along the line of Lot 12 to an iron pin corner of the West side of Hilltop Lane; thence running in a Southern direction along the West side of Hilltop Lane 100 feet, more or less, to the beginning iron pin corner, and being all of Lot No. 14 of the said B. F. Bruce, Subdivision, according to Plat and Survey by O. F. Smith, C. S. and R. S., dated March 29, 1954, which plat and survey is recorded in Plat Book 3, page 94 in the Office of the Clerk of Superior Court, Stephens County, Georgia. Being a portion of the property conveyed by B. F. Bruce, to

Page 4437

D. J. Rice by warranty Deed dated April 3, 1954 which Deed is recorded in Deed Book 58, page 304 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, State of Georgia, and in the 440th District, G. M., Stephens County and known and designated as the SOUTHEAST ONE-HALF OF LOT NUMBER TWELVE (12) of the B. F. Bruce Subdivision in the original Collins Tract and being described as follows: BEGINNING at a corner on the Southwest side of Hilltop Lane at the Northeast side of Lot No. 14 of said Subdivision; thence running along the line of Lot No. 14 in the Southwesterly direction One Hundred Twenty-one and one-half (121 ) feet to a point at W. A. Collins Estate property; thence running in a Northwesterly direction Fifty (50) feet along the W. A. Collins Estate property to a point thence running in a Northeasterly direction One Hundred Twenty-one and one-half (121 ) feet to a point on the Southwest side of Hilltop Lane; thence running in a Southeasterly direction along Hilltop Lane Fifty (50) feet back to the point of beginning. Being a portion of the property conveyed by John T. Merck to James Henry Payne by Warranty Deed dated July 12, 1955, which Deed is recorded in Deed Book 62, page 34 in the Office of the Clerk of Superior Court, Stephens County, Georgia. The Grantor and Grantee herein are the sole surviving heirs at law of Billy H. James, upon whose estate no administration has been had, there being no necessity for such administration, all lawful debts having been paid and all heirs being of lawful age and laboring under no contractual disability. All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia in the B. F. Bruce Subdivision, and being more particularly described as follows: BEGINNING at an iron pin corner on the East side of Lot No. 3 in an Eastern direction 121 feet, more or less, to an iron pin corner next to the A. S. Collins Estate

Page 4438

property; thence along the Collins Estate property S 21 E 100 feet to an iron pin corner next to Lot No. 7 in said subdivision; thence along the line of Lot No. 7 in a Western direction 121 feet, more or less to an iron pin on the East side of Hilltop Lane; thence along the East side of Hilltop Lane N 21 W 100 feet to the beginning iron pin corner, and being Lot Number Five (#5) of the B. F. Bruce Subdivision, according to plat and survey by O. F. Smith, R. S., dated March 29, 1954. All that tract or parcel of land lying and being in the Toccoa, 440th District, G. M. Stephens County, Georgia, about one and one half miles from the center of the City of Toccoa, near the Jarrett's Bridge Public Road and more particularly described as follows: Beginning at an iron pin 220 feet South from said road next to W. H. Camp lands and running thence a Western direction 710 feet, more or less, to an iron pin on the Davis lands; thence South 36 degrees East 1530.5 feet, more or less, to a stake next to the old Southern Railway line; thence along the old railroad right of way N. 40 E. 411.8 feet, more or less; thence N. 41 E. 237.8 feet, more or less to an iron pin next to the Camp lands; thence N. 39 W. 945 feet, more or less, to the beginning corner, containing Sixteen and nine-tenths (16.9) acres, more or less, according to plat and survey by M. B. Collier, County Surveyor, dated October 23, 1934, and being known as the Mrs. Beulah Kesler home place. Said lands being bounded on the North by lands owned by Trogdon, Street Lot, Scott lands, Mrs. Kesler, Church, and the Craft lands; on the East by Camp Lands, on the South by Old Southern Railroad Right-of-way; and on the West by the Davis lands. Land lying and being in the County of Stephens, State of Georgia and in the 440th District, G. M., and being known and designated as Lots Nos. Eighteen (18) and Nineteen (19), and a portion of Lot No. Twenty (20) of the Northcutt Sub-division. Lot Number Eighteen (18) and Nineteen (19) fronting on Woodlawn Drive Fifty (50) feet each and running back same width as front and the portion of Lot Twenty (20) fronting on Woodlawn Drive Thirtytwo (32) feet, more or less and running back same width

Page 4439

as front, all according to plat and survey which plat is recorded in Plat Book 2, page 112 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 discription. Being a portion of the property conveyed by Mrs. Beulah Kesler to Mrs. Sam Northcutt, November 12, 1940, which Deed is recorded in Deed Book 28, page 358 and being the same property conveyed by Mrs. Claudia Northcutt (Mrs. Sam A. Northcutt) to James E. H. Smith by Warranty Deed dated June 24, 1955 which Deed is recorded in Deed Book 62, page 156. Both 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 Toccoa, 440th District, G. M. Stephens County, Georgia, on the Southwest side of State Highway #17 and being more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of State Highway #17 next to property of Stinespring, said iron pin corner being 208 feet from the intersection of State Highway #17 and Skyline Drive and running thence along the line of formerly Stinespring property South 40 degrees West 210 feet to an iron pin corner next to Collins property; thence along the Collins line North 54 degrees 37 minutes West 75 feet to other property of Collins; thence along the line of other property of Collins North 40 degrees East 210 feet to an iron pin corner on the Southwest side of State Highway #17, thence South 54 degrees 37 minutes East 75 feet to the beginning iron pin corner, and being a part of Lot No. 3 of the D. G. Holcomb property, according to plat and survey by James H. Garrett, Jr., R. S. dated December 20, 1952. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia and just East of the City Limits of the City of Toccoa and more particularly described as follows: BEGINNING at an iron pin corner on the East side of Hillcrest Drive; thence running along other property of Mrs. Sam A. Northcutt N 25 57[UNK] E. One Hundred Eighty-five and seventy-five hundredths (185.75) feet

Page 4440

to an iron pin; thence along other property of Mrs. Sam A. Northcutt N 25 25[UNK] W. Sixty-five and sixty-hundredths (65.60) feet to an iron pin corner; thence running S 22 558 E. Twenty-one (21) feet to an iron pin corner on South side of Woodlawn Drive; thence running along the South side of Woodlawn Drive N 88 36[UNK] E. Fifty (50) feet; N 75 36[UNK] E. one Hundred Forty (140) feet; S 84 05[UNK] E. Fifty (50) feet; S 30 12[UNK] E. Fifty (50) feet; S 24 23[UNK] E. One Hundred Eighty (180) feet; S 40 30[UNK] E. Seventy-one and ninety-seven hundredths (71.97) feet to an iron pin corner; thence running along the Northwest line Lot No. 6 S 53 36[UNK] W. One Hundred Sixty-eight and forty-seven hundredths (168.47) feet to an iron pin corner; thence running along the Northeast lines of Lots 16, 17, 18, and 19, N 35 35[UNK] W. One hundred Ninety-nine and Twenty-five hundredths (199.25) feet to an iron pin corner; thence running along the Northwest line of Lot No. 16 S 66 39[UNK] W. One Hundred ninety-eight and twenty-eight hundredths (198.28) feet to an iron pin corner on the Northeast side of Hillcrest Drive; thence running along the Northeast side of Hillcrest Drive N 35 44[UNK] W. Thirty-five (35) feet to the iron pin point of beginning. Being all of Lot No. One (1), Two (2), Three (3), Four (4), and Five (5) in Block No. 3 and the Eastern part of Reserved Lot of Brookwood Hills Subdivision Plat Book #2, page 112 in the Office of the Clerk of Superior Court, Stephens County, Georgia, and by James H. Garrett, Jr., R. S., September, 1957. Reference being made to said plat for H. T. Davis and made a part of this description. Being a portion of the property conveyed by Mrs. Beulah Kesler to Mrs. Sam A. Northcutt by Warranty Deed dated November 12, 1940, and recorded in Deed Book 28, page 358 in the Office of the Clerk of Superior Court, Stephens County, Georgia. Being the same property conveyed by Warranty Deed from Mrs. Sam A. Northcutt to H. T. Davis, September 21, 1957. Said premises has an eight-room frame dwelling situated thereon. All that tract or parcel of land lying and being one lot of land with improvements thereon, located in the 440th District, G. M., Stephens County, Georgia, near the City of

Page 4441

Toccoa, known and designated as Lots 60 and 61 of the John F. Carey survey and plat of Harper Home Site Subdivision, a plat of which is dated August 8, 1948, revised May 12, 1949, and now on record in Plat Book 2, Page 141 and 153 in the Office of the Clerk of Superior Court of Stephens County, Georgia, more particularly described as follows: BEGINNING at corner of lot herein described and corner of Lot No. 62 of said survey on the South side of Rountree Road, which beginning corner is 479 feet East from the junction of Rountree Road and Terrell Drive, and running thence from said beginning corner with the South side of said Rountree Road North 79 degrees East 150 feet; thence with Lot No. 59 of said survey South 10[UNK] degrees East 166 feet; thence with Bell Subdivision South 68 degrees West 152 feet; thence with Lot No. 62 of said survey North 10[UNK] degrees West 195 feet to beginning corner. All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and more fully described as beginning at an iron pin on the North side of the road leading from State Highway #17 to the County Rock Quarry, said iron pin begin Eight Hundred Ninety-seven (897) feet from the center of said State Highway #17; thence N. 52 W. 182 feet to an iron pin corner on T. M. Wilkinson's land; thence N. 55 E. 378 feet to pin on bank; thence S. 42 E. 109 feet to a stake; thence S. 19 E. 72 feet to a stake on the Rock Quarry road; thence along said road S. 38 W. 150 feet to a corner; thence S. 66 W. feet to beginning corner, said land fronting a total of 344 feet along said road, leading to County Rock Quarry and being a portion of the land conveyed by T. M. Wilkinson to Howell Thomas Carter on January 8, 1946 and recorded in Book 40, page 155, January 10, 1946. This tract being a portion of land described and set out by plat and survey made by M. B. Collier, County Surveyor, dated the 15th day of September 1945. This is the same tract of land conveyed by Howell Thomas Carter to Vassie S. Jones on July 13, 1946 and recorded in Book 42, page 150 June 3, 1947. Sec. 2. That the corporate limits of the said City of Toccoa are hereby extended so as to embrace for police purposes the following described real estate situated, lying and being

Page 4442

in Stephens County, Georgia, and more particularly described as follows, to wit: All that tract or parcel of land lying and being in Stephens County, and State of Georgia, and known as the Pearce place, containing two hundred and thirty acres, and described in a deed from G. A. Cooper to C. A. Cooper, recorded in Book H, pages 387-388, April 16, 1890. Also one other tract or parcel of land described in a deed from H. N. Smith to G. A. Cooper, dated August 12, 1892, containing one hundred and twenty-five acres, more or less; also one other tract or parcel of land described in a deed dated December 4, 1890, from C. W. Vickery and R. D. Yow, executors of J. H. Vickery, deceased, to G. A. Cooper, containing fifty acres, more or less; all of the above described lands referred to being conveyed in a deed from C. A. Cooper to W. E. Allen, dated April 23, 1900, and where the deeds are recorded being Habersham County, Georgia. Also a tract of land described in a deed from J. W. McMillan to W. E. Allen, dated August 16, 1904, containing twenty acres, more or less, all of said above described tracts making an aggregate of four hundred and twenty-five acres. Also another tract or parcel of land lying and being in the County of Stephens, State of Georgia, more particularly described as follows: commencing on a rock corner on the Pulliam and Perry road; thence west along the lands of C. A. Cooper to the branch; thence south to the corner of Van Brown's land; thence east to the Lake property; thence to the beginning corner, containing fifteen (15) acres, more or less, and known as the David Hayes property, and being the same premises conveyed to W. D. Manley by Mrs. Coney Heaton on January 12, 1911, as shown by deed recorded in clerk's office, book 4, page 106. Said property now owned and used by the City of Toccoa for waterworks purposes. Also all that tract or parcel of land lying and being situated in the County of Stephens, and State of Georgia, on the south prong of Toccoa Creek, about two and one-half miles northeast of Toccoa, and described as beginning at a point on Toccoa Creek at the mouth of Anderson Branch; thence running in a westward direction to a mulberry on the road; thence a southwest direction to a cedar on the Wheeler line; thence with the Wheeler line southeast across Toccoa

Page 4443

Creek to a stake; thence back north to the beginning corner at the mouth of Anderson Branch, as shown by survey and plat made by D. Conger, surveyor and being the same premises conveyed by John T. Wood to the City of Toccoa on January 20, 1915, as shown by recorded deed in clerk's office, book 7, page 60. Also another tract or parcel of land, lying and being in the County of Stephens, and State of Georgia, on the south fork of Toccoa Creek, and bounded as follows: Beginning at a cedar corner; thence southwest to a post oak corner; thence to a water oak on the bluff on the old creek run; thence south to a hickory on the creek bank; thence southwest to a mountain oak stump on Crane's Mountain, on Simpson's line; thence east to a pine; thence north to the branch (Blue), along the Rothell line; thence a straight line to the beginning corner, containing eighteight acres, more or less. Also all that tract or parcel of land lying and being in the County of Stephens, and State of Georgia, beginning at a rock corner on lands of E. P. Simpson and C. F. Anderson; thence north 67, east 8.20 to red oak; thence along C. F. Anderson's line north 34, east 37.80, near post oak to a stake; thence along the land of the City of Toccoa south 3, west 14.20 to a stake on Toccoa Creek; thence with the thread of said meandering stream south 34, west 37.00 to stake on the bank of said creek; thence north 87, west 8.00 to hickory stump; thence along E. P. Simpson's line north 3, east 10.00, to the beginning rock corner, containing thirty-two and five-tenths acres, more or less, and being the same premises conveyed by C. F. Anderson to the City of Toccoa by deed recorded in clerk's office in book 7, page 111. Also all that tract or parcel of land lying and being in the County of Stephens, and State of Georgia, and on the waters of Toccoa Creek, beginning at a white oak corner on the bluff of Crane's Mountain; thence south to an oak tree on the creek bank; thence southeast to a post oak; thence south to mountain oak or black-jack on Simpson's line; thence along Simpson's line to a rock corner; thence north to a stake corner; thence east to the beginning white oak corner, said boundary containing fifty acres, more or less, and being the same premises conveyed by Clen L. Scott to City of Toccoa by deed dated January 21, 1915, as shown by deed recorded in clerk's office in deed book 7, page 87.

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Also that tract or parcel of land lying and being in Stephens County, Georgia, lying on the east side of Toccoa Creek, bounded on the northwest by Toccoa Creek, on the east by the lands of J. T. Wood and Rosa Wheeler, and on the west by the Crane Mountain lot, known as the Telfair survey, the same being the land owned by C. A. Cooper on the east side of said creek, on said creek, containing fifteen acres, more or less, and being the same premises conveyed by Chas. T. Smith to the City of Toccoa by deed dated January 11, 1916, and recorded in clerk's office in deed book 7, page 188. These above described tracts of land owned and used by the City of Toccoa for electric light plant purposes. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the 1977 Session of the General Assembly of Georgia for the passage of an Act to add certain areas to the corporate limits of the City of Toccoa, said additions being made at the request of certain property owners who have petitioned to be annexed to the City of Toccoa; to repeal conflicting laws and for other purposes. This 31st day of January, 1977. /s/ Elly Johnson City Manager 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

Page 4445

was published in the Toccoa Record on the following dates: February 3rd, February 10th, and February 17, 1977. /s/ Charles A. Hamilton Sworn to and subscribed before me, this 17th day of February, 1977. /s/ Geraldine C. Jordan Notary Public, Georgia State at Large. My Commission Expires April 27, 1980. (Seal). Approved March 30, 1977. Compiler's note: the two preceding paragraphs appear twice in the original. MUNICIPALITIES' POWER TO CONDEMN STRUCTURES REENACTEDPOPULATION CHANGED, ETC. No. 700 (House Bill No. 1066). An Act to amend an Act approved March 4, 1966 (Ga. L. 1966, pp. 3089 et seq.), as amended, which granted certain cities certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures, and for other purposes, so as to clarify certain standards relating to the cost of repair; to change the population figure and to reenact the laws as amended; to set an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 4, 1966 (Ga. L. 1966, pp. 3089 et seq.), as amended, which granted certain cities certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures, and for other purposes, is hereby amended by changing the population figure set out in the title and the body of the Act, and in all Acts which have amended the Act, from 300,000 to

Page 4446

400,000. The Act, as amended, is hereby reenacted in its entirety. Section 2. Such act is further amended by striking the phrase (the ordinance of the municipality may fix a certain percentage of such value as being reasonable for such purpose) from section IV (3)(a) and from section IV (3)(b) and by adding the following new subsection c to Section IV (3) of the Act: c. In no event shall the governing authority of any such municipality require removal or demolition of any dwelling, building or structure except upon a finding that the cost of repair, alteration or improvement thereof exceeds onehalf the value such dwelling, building or structure will have when repaired to satisfy the minimum requirements of this law. 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 30, 1977. OFFICIALS IN CERTAIN COUNTIESSALARY CHANGES (145,000-165,000). No. 701 (House Bill No. 1074). An Act to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. L. 1976, p. 3155), so as to change the salaries of certain elected officials in said counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4447

Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. L. 1976, p. 3155), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. In all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census or any future such census, the folowing elected officials in such counties shall receive a monthly salary as provided: Clerk of Superior Court $ 1,558.33 Judge of Probate Court $ 1,625.00 Tax Commissioner $ 1,666.66 Judge of State Court $ 2,121.66 Solicitor of State Court $ 1,291.66 Coroner $ 791.66 Judge of Civil Court $ 1,645.82 Associate Judge of Civil Court $ 1,250.00 Chairman, Board of Commissioners $ 700.00 County Commissioners $ 500.00 District Attorney $ 469.16 Judges of the Superior Court $ 807.85 Sheriff $ 1,833.33 Provided, however, that the Judge of the State Court shall not be permitted to engage in the private practice of law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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PIKE COUNTY SUPERIOR COURT CLERKCOMPENSATION CHANGED, ETC. No. 702 (House Bill No. 1094). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Pike 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 office 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 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 Pike 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 a minimum annual salary of $10,000.00 and, in addition, shall receive longevity increases as provided for by the general laws of this State, which salary shall be payable in equal monthly installments from county funds. It is further provided that in no event shall the minimum salary for the Clerk of the Superior Court ever be less than the minimum salaries fixed by law according to county population. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected

Page 4449

or received. At the time of each such monthly payment into the county treasury, the Clerk of the Superior Court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Duties. Section 4. The Clerk of the Superior Court shall have the authority to appoint one deputy clerk who shall be compensated in an amount equal to no less than the established minimum hourly wage applicable to county employees in the State of Georgia, payable in equal weekly installments. It shall be within the sole power and authority of the Clerk of the Superior Court, during his term of office, to designate and name the person or persons who shall be employed as the deputy clerk, and to prescribe the duties and assignments of such deputy clerk, and to remove or replace such deputy clerk at will and within his sole discretion. Funds expended up to and including the amount authorized herein for the employment of such personnel shall be paid from the funds of Pike County. Deputy clerk. Section 5. The necessary operating expenses of the Clerk of the Superior Court's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, telephones, utilities, uniforms and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Expenses. Section 6. This Act shall become effective on July 1, 1977. 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 1977 session of the General Assembly of Georgia,

Page 4450

a bill to abolish the present mode of compensating the Clerk of the Superior Court of Pike County, known as the fee system; to provide in lieu thereof an annual salary; to provide for all matters relative thereto, including the employment of necessary personnel by said officer; to provide an effective date; and for other purposes. This 4th day of January, 1977. /s/ Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: January 27, February 3 and 10, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 30, 1977. CLARKE COUNTY MAGISTRATE'S COURT AND ATHENS RECORDER'S COURT MERGEDATHENS-CLARKE COUNTY MAGISTRATE'S COURT CREATED. No. 703 (House Bill No. 1098). An Act to provide for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia,

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into one court; to provide for the manner of selection of the judge of this court; to provide for the compensation of the judge of this court; to provide for the establishment of jurisdiction of this court; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Magistrate's Court of Clarke County, Georgia, and the Recorder's Court for the City of Athens, Clarke County, Georgia, are hereby abolished in Clarke County, Georgia, effective January 1, 1978. Section 2. In lieu of the Magistrate's Court of Clarke County and the Recorder's Court of the City of Athens, there is hereby created a court to be known as the Athens-Clarke County Magistrate's Court, with civil and criminal jurisdiction over and throughout the whole County of Clarke, effective January 1, 1978. Creation. Section 3. This court and the judge thereof shall have all powers to do all acts which justices of the peace now or may hereafter be authorized to do under the law of Georgia, and shall have jurisdiction as to subject matter to try and to dispose of all cases wherein the law jurisdiction is conferred upon justices of the peace and justice courts, in the jurisdiction therein and thereover as to the amount shall extend to all cases wherein the principal amount shall be two thousand dollars ($2,000.00) or less. 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 justices of the peace and justice courts under the laws of this State, except as otherwise provided in this Act. Powers. Section 4. This court and the judge thereof shall also have jurisdiction and power to conduct trials, receive pleas of guilty or of nolo contendere and impose sentence upon defendants charged with a violation of the penal provisions of any and all laws of this State, now in force or hereafter

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enacted, related to traffic upon the public roads, streets, and highways of this State where the penalty for the offense does not exceed that of the grade of misdemeanor, including but not limited to penal laws relating to the provisions of the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended; Code Title 68A, the Uniform Rules of the Road, as now or hereafter amended; Code Title 68B, the Driver's Licensing Act, as now or hereafter amended; and an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as now or hereafter amended. The court and the judge shall also have jurisdiction and power to conduct trial, receive pleas of guilty or of nolo contendere and to impose sentence upon defendants charged with the violations of the penal provisions of Code section 79A-9917, as now or hereafter amended, as if this court were a recorder's court as provided in that section and upon defendants charged with violating the laws governing the innoculation of dogs against rabies as set forth in Code Chapter 88-15, relating to rabies, as now or hereafter amended, and upon defendants charged with violating the Georgia Boat Safety Act, approved April 19, 1973 (Ga. L. 1973, p. 1427), as now or hereafter amended, and the law governing the abandonment of minor children as set forth in Code Chapter 74-99, as now or hereafter amended. Such jurisdiction and power of said court and the judge thereof shall extend over and throughout the whole and entire County of Clarke, and shall be exercised in the same manner and under the same procedure and proceedings as are provided in an Act creating a Department of Public, Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as now or hereafter amended. In all other offenses herein, jurisdiction and power shall likewise be granted to this court and the judge thereof which is now or may hereafter be under the laws of this State granted to city courts and superior courts of this State where the offense does not exceed that of the grade of misdemeanor and where the defendant shall first waive in writing a trial by jury. The judge of this court shall have the power to require the posting of cash or surety bonds for appearance in said court and to forfeit the same for nonappearance.

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Section 5. This court shall have like powers of jurisdiction in regard to any ordinance, law, or regulation adopted by the Board of Commissioners of Clarke County, if and when said board may be empowered to adopt such ordinance, laws, or regulations, and shall have like powers and jurisdiction in regard to any ordinance, law, or regulation adopted by the Mayor and Council of the City of Athens, Georgia. Section 6. There shall be a judge of this court whose term of office shall be four (4) years, and who shall serve until his successor shall have been elected and qualified. The judge of this court shall be elected by a majority of those voting in a general election of the registered voters of Clarke County, Georgia, in the same manner as judges of the superior courts are elected as provided in the Georgia Election Code, Title 34 of the Code of Georgia (Ga. L. 1964, Extra. Sess. p. 26, as amended), provided that the judge of this court who will take office on January 1, 1978, will be elected during the calendar year 1977 by a majority of those voting in the same manner as other county officers are elected as provided by the Georgia Election Code. The judge so elected shall serve from January 1, 1978, until January 1, 1981. The judge of this court elected in the general election in the calendar year 1980 and each subsequent judge elected thereafter shall serve a term of four (4) years. Should a vacancy be caused by the death, resignation, or incompetency of any judge, such vacancy shall be filled instanter by the temporary appointment by the senior Judge of the Superior Court of Clarke County, Georgia, and such temporary appointee shall hold office until a judge has been elected at the next occurring general election to be held in Clarke County, Georgia. Any judge temporarily appointed to fill such vacancy or elected to fill such vacancy for the unexpired term shall have and exercise all of the powers and duties of the office and shall receive the compensation of said office during his tenure. The election or appointment of such a judge for a full term, temporarily or for an unexpired term, shall be certified immediately to the Governor, who shall issue his commission to the judge so elected or appointed for the term to which he may have been elected or appointed. Judge.

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Section 7. The judge of this court at the time of his election or appointment must be at least 27 years of age; must have been a resident of the County of Clarke for at least two (2) years immediately preceding his appointment or election; and must have been licensed to practice law for at least three years preceding his appointment or election. Before entering upon the discharge of the duties of his office, the judge shall take and subscribe before the Probate Judge of Clarke County, Georgia, the following oath: Qualifications. I solemnly swear that I will administer justice as announced by the law and not of my personal determination without respect to persons, and to do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all of the duties which may be required of me as the Judge of the Athens-Clarke County Magistrate's Court, according to the best of my ability and understanding, agreeably to the laws and the 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. The judge shall have the authority to issue criminal warrants, to hold commitment hearings, to bind persons charged with violation of the criminal laws of Georgia over to the Superior Court of the County of Clarke, or to the State Court of the County of Clarke, and generally to do and perform all acts and things which justices of the peace in this State are authorized to do, and as to matters pertaining to traffic cases, generally to do and perform all acts and things which judges of the superior, county, city, and probate courts of this State are authorized to do, unless otherwise provided in this Act. Section 8. The Judge of this court shall not be permitted to engage in the practice of law while he is in office. Section 9. This court shall be held at the Courthouse of Clarke County, or such other adequate and convenient place as the Board of Commissioners of Clarke County or the Mayor and Council of the City of Athens may provide, and

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the Board of Commissioners of Clarke County and the Mayor and Council of the City of Athens shall provide the necessary office, furniture, supplies, forms, and books for keeping the dockets and records of this court. Place of court. Section 10. It shall be the duty of the judge of this court to have his office open during the usual business hours, 5 days of each week. The judge of this court shall also make himself available for service during the usual business hours seven days of each week. Hours. Section 11. The judge of this court shall receive a salary in the amount of not less than twenty-five thousand dollars ($25,000.00) per annum which shall be paid monthly and which shall not be decreased during his term of office except to apply to a subsequent term and which shall be paid monthly out of the treasury of the County of Clarke. This salary may be increased at any time upon the agreement of the Board of Commissioners of Clarke County, Georgia, and the Mayor and Council of the City of Athens, Georgia. The Mayor and Council of the City of Athens shall pay to the Board of Commissioners of Clarke County each year twenty-nine percent (29%) of the judge's salary. Salary. Section 12. The judge of this court shall have the power to appoint a competent attorney who shall be a resident in Clarke County, as judge pro hac vice of the Athens-Clarke County Magistrate's Court, to discharge the duties of his office temporarily when the judge of this court is unable or disqualified to discharge the duties of his office. When the appointment of such attorney as judge pro hac vice, together with his oath, which shall be the same as required of the judge of said court, have been recorded in the Clarke County Probate Court, such judge pro hac vice may exercise all the powers of the Judge of the Athens-Clarke County Magistrate's Court. The compensation of the judge pro hac vice shall be fixed by the Board of Commissioners of Clarke County and the Mayor and Council of the City of Athens and shall be paid to him monthly. Such appointment may be vacated at any time by the order of the judge of said court to be likewise recorded and any other competent attorney,

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resident in Clarke County, Georgia, may be appointed as judge pro hac vice as herein provided. Judge pro hac vice. Section 13. In the event the judge of this court and the judge pro hac vice of said court are both 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 this 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 Magistrate's Court of Athens-Clarke County, or in his absence the deputy clerk, shall select the judge pro hac vice in the same manner as now or hereafter provided by law for such cases in the superior court. Section 14. The judge of this court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all of his judgments as is vested by law in the judges of the superior courts of this State, except the power and authority with the judge of this court to punish as for contempt of this court, shall not exceed a fine of $200.00 or imprisonment for ten (10) days in jail, either or both in the discretion of the court, and the matters, acts and things which may be held by said court to be contempt of court shall be the same as are now prescribed within the jurisdiction of the superior courts of the State. Enforcement. Section 15. The judge of this court shall be subject to removal from office for the same causes and under the same rules as provided by law for the removal of justices of the peace, except that the indictment of the judge shall operate to suspend him from office. If he shall be convicted, he shall be removed from office by the senior Judge of the Clarke County Superior Court, and shall not receive any salary from the time of his indictment. If he shall be acquitted, he shall be restored to office as though no indictment had been returned against him, with full salary from the time of his indictment. Removal. Section 16. The Clerk of the Athens-Clarke County Magistrate's Court shall be appointed by the judge of that court and this appointment shall be confirmed by the Chairman

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of the Board of Commissioners of Clarke County, and the Mayor of the City of Athens. In the event that the Chairman of the Board of Commissioners and the Mayor of the City of Athens are unable to agree upon the confirmation of the first three prospective appointees of the judge for the clerk of this court, then those three names shall be submitted to the Grand Jury of Clarke County, Georgia, at the January term of the Clarke County Superior Court and the grand jury shall immediately confirm one of the three prospective appointees as clerk of this court. The judge may further appoint deputy clerks from the clerical personnel hired by the Board of Commissioners of Clarke County, whose authority shall be limited to performing the duties and exercising the powers of the Clerk of the Athens-Clarke County Magistrate's Court. The Clerk of the Athens-Clarke County Magistrate's Court and each of his deputy clerks shall make a bond with good security in the amount of $25,000.00 for the faithful discharge of their duties, which bonds shall be approved and recorded in the same manner as bonds of clerks of superior courts are approved and recorded. The clerk and his deputies shall be subject to rule by the Athens-Clarke County Magistrate's Court in the same manner as clerks are subject to rule in the superior court. The appointment of such clerk and deputy clerks shall be recorded in the Probate Court of Clarke County and such clerk and deputy clerks before entering upon the discharge of their duties shall take before the probate judge the same oath as is required of the clerks of the superior courts and such oath shall likewise be recorded. Clerk. Section 17. It shall be the duty of the clerk of this court to keep all dockets, books and records required of this court specifically by this Act and generally by the laws of this State; to make all reports and account for all costs, fines, and forfeitures required specifically by this Act and by the laws of this State; to have a seal for the court; to issue, sign and attach seals thereto when necessary, every order, rule, summons, subpoena, writ, execution, including, but not limited to, dispossessory warrants, distress warrants, attachments and all other statutory proceedings, and process or court paper under the authority of the court's except criminal warrants; to attend all sessions of the court as

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required by the judge thereof, and generally to do and perform all duties as clerk of this court, which clerks of the superior court may do, insofar as applicable to the Athens-Clarke County Magistrate's Court, or as required in this Act. The clerk of this court shall have the same status as a department head in the Clarke County government. Duties. Section 18. The Clerk of the Athens-Clarke County Magistrate's Court shall receive a salary of not less than eleven thousand, five hundred dollars ($11,500.00) per annum, which shall be paid monthly out of the treasury of Clarke County. The Board of Commissioners of Clarke County, and the Mayor and Council of the City of Athens, Georgia, shall be authorized to determine the amount of such salary which may be either increased or decreased at any time, but not below the minimum hereinabove said, such increase or decrease to become effective on the first day of the month next succeeding such determination. In addition, such other clerical and office personnel as are necessary for the functioning of the clerical duties of the court shall be hired according to personnel policies established by the Board of Commissioners of Clarke County. The salaries for such personnel shall be set by the Board of Commissioners of Clarke County, and shall be paid monthly out of the county treasury. Salary. Section 19. The county policemen of the County of Clarke and policemen of the City of Athens shall be ex officio constables of this court and in their official connection with this court shall each be known as Constable of the Athens-Clarke County Magistrate's Court. Before entering upon the duties of their office, each shall take and subscribe an oath to faithfully and diligently perform the duties thereof, and each shall have executed a bond in the sum of no less than $1,000.00 for the faithful discharge of the duties of his office as required under section 23-1406 of the Code of Georgia, and upon which they shall be liable for the discharge of their duties as Constables of the Athens-Clarke County Magistrate's Court. Policemen of the City of Athens who serve as constables shall be required to post the same bond. Such constables shall be subject to rule of this court as sheriffs are subject to rule of superior

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courts. Such constables shall, in addition to the powers conferred upon them as county policemen, have any and all powers and duties now or hereafter provided by law for constables in justice courts of this State. Constables. Section 20. The judge of this court shall be authorized to appoint at each term of this court not exceeding two bailiffs as officers of this court. Such bailiffs shall be paid out of the treasury of the County of Clarke as bailiffs in the superior court are paid. Bailiffs. Section 21. The terms of this court shall commence on the first Monday in each month. The judge of this court shall have the power to hold court in session from day to day, and to recess the same from time to time; provided, that each term of this court shall be finally adjourned simultaneously with the commencement of the succeeding term. Terms. Section 22. In all civil cases filed or brought in this court, the procedure, pleading and practice in this court shall be the same as that now or hereafter prescribed by the laws of this State for justice courts, except as otherwise provided in this Act. Rules. Section 23. In all matters pertaining to service, pleading and practice, the laws governing the justice court, where not inconsistent with this Act, and unless otherwise specifically provided by this Act, shall be applicable to the Athens-Clarke County Magistrate's Court. Section 24. All executions issued from this court shall bear teste in the name of the judge and be signed by the clerk or by the deputy clerk, and be directed to the constables of this court and to all and singular of the sheriffs or their deputies of the various counties of Georgia. Executions. Section 25. The costs and fees charged in this 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. Costs. Section 26. Each party filing a civil suit or proceeding

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in this court shall deposit with the clerk of this court at the time of the filing or commencement of the proceedings the sum of $13.00 on cost of suit; provided, however, this deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in the suit or proceeding, the amount of the deposit shall be taxed as a part of the cost against the losing party defendant, and shall be refunded to the party depositing the same after all costs have been paid. Section 27. An accurate record of all costs, fees, forfeitures and charges in this court shall be kept by the clerk of this court, and all costs, fees and charges of every kind collected by any of the officers of this court shall be immediately turned over to the clerk of this court and entered at once by the clerk on his records, and on or before the fifth day of each month it shall be the duty of the clerk to furnish the Board of Commissioners of Clarke County a complete, accurate and sworn statement of all such costs, charges, fees, fines, forfeitures, and collections, and to pay over all of the monies collected to the chief financial officer of the County of Clarke; all money so received by the chief financial officer from the clerk of the court shall be held to the credit of the county and paid out on warrant of the Board of Commissioners of Clarke County. As a part of the monthly report made by the clerk, to the Board of Commissioners of Clarke County, he shall include a report of all costs, fees, and charges of every kind collected arising from cases made within the town limits of the City of Athens. A copy of this report shall be furnished to the chief financial officer of the City of Athens at the same time the report is furnished to the chief financial officer of Clarke County. Accompanying such statement to the Board of Commissioners of Clarke County and the Mayor and Council of the City of Athens, the judge of the court shall submit a certificate of any and all fees due any and all law enforcement officers from any case and such fee shall be paid to such officer by the treasurer of Clarke County upon the warrant of the Board of Commissioners of Clarke County. It shall be the duty of the Board of Commissioners of Clarke County

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to account for and to pay to the Mayor and Council of the City of Athens no later than the 15th day of the month after the month in which these funds are collected, that portion of all costs, fees and charges of every kind collected by the officers of the Athens-Clarke County Magistrate's Court arising out of criminal cases made within the town limits of the City of Athens. Records. In addition to the portion of the judge's salary paid by the Mayor and Council of the City of Athens, the Mayor and Council of the City of Athens shall pay to the Board of Commissioners of Clarke County, on a quarterly basis, that portion of the operational expenses of the Athens-Clarke County Magistrate's Court which is in the same ratio to the total operational expenses of the court for criminal cases, as the funds paid to the Mayor and Council of the City of Athens on a monthly basis are to the total costs, fees and charges of every kind collected by the officers of the Athens-Clarke County Magistrate's Court arising out of criminal cases. Operational expenses shall be defined as replacement of furniture, cost of supplies, forms and books for keeping criminal dockets and records, and the salaries of all court personnel, excluding the judge and all clerical personnel whose work is devoted exclusively to civil matters. Section 28. It shall be the duty of the judge of this court, to see to it that the officers of the court are diligent in the collection of costs, and to this end he shall call the issue docket of the court on some fixed day of each month and shall adopt such other measures and rules as will ensure the payment of costs by the party or parties liable for the same. Collecting costs. Section 29. All cases, civil and criminal, then pending and undisposed of before the Recorder's Court of the City of Athens or before the Magistrate's Court of the County of Clarke on January 1, 1978, shall be and the same are hereby transferred to the Athens-Clarke County Magistrate's Court created by this Act, and the same placed upon the proper docket in this court and shall be tried and disposed of as other cases in this court. Cases transferred. Section 30. This Act shall become effective upon the approval of same, as to the creation of the new court provided

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for herein; and shall become effective as to the abolition of the Recorder's Court of the City of Athens and the Magistrate's Court of Clarke County, on January 1, 1978. Effective date. Section 31. If any section, paragraph, clause, or provision of this Act shall be held unconstitutional, inoperative, or invalid by any court, the same shall not affect or invalidate the remaining portions of this Act. Severability. Section 32. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1977 Session of the General Assembly of Georgia to amend an Act establishing the Magistrate's Court of Clarke County, Georgia, (Ga. L. 1960, p. 3208) as amended; to amend an Act establishing the Recorder's Court of the City of Athens, Georgia, (Ga. L. 1913, p. 497), as amended; so as to provide for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, into one Court; to provide for the manner of selection of the Judge of this Court; to provide for the compensation of the Judge of this Court; to provide for the establishment of the jurisdiction of this Court; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 12th day of January, 1977. Board of Commissioners of Clarke County. Georgia, Clarke County. Personally before me the undersigned attesting officer authorized by law to administer oaths, appeared Robert W. Chambers who, being duly sworn, deposes and swears that he is the publisher of The Daily News; that The Daily News is a newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing

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notice of intention to introduce local legislation was published in The Daily News on January 14, 21, 28, 1977. This 11th day of February, 1977. /s/ Robert W. Chambers Sworn to and subscribed before me this 11 day of February, 1977. /s/ Eve Hale Morris Notary Public, Georgia State at Large. My Commission expires July 26, 1980. (Seal). Approved March 30, 1977. CORONERS' SALARY CHANGED IN CERTAIN COUNTIES (22,320-22,500). No. 704 (House Bill No. 1100). An Act to change the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500, according to the United States Decennial Census of 1970 or any future such census; to repeal conflicting laws; and for other purposes. Be it enacted by the Georgia Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 22,320 and not more than 22,500, according to the United States Decennial Census of 1970 or any future such census, the fees for coroners for summoning an inquest on a dead body and returning an inquisition shall be fifty dolars ($50.00), provided that such coroners shall not receive out of the county treasury more than twenty-four hundred dollars ($2,400.00) per annum, either as fees for holding inquests or for burying the dead bodies. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1977.

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TOWNS COUNTY TAX COLLECTORSALARY PROVIDED. No. 705 (House Bill No. 1111). An Act to abolish the present method of compensating the Tax Collector of Towns County known as the fee system and provide in lieu thereof an annual salary for said officers; to provide for clerical assistance; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the Tax Collector of Towns County is hereby abolished. Said officer shall receive for his services as such an annual salary of $10,500.00 payable in equal monthly installments from the funds of Towns County. Section 2. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the Tax Collector shall be received, collected and held by him as public funds belonging to Towns County. Once each month the Tax Collector 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 Collector 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 and 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. Section 3. The Tax Collector of Towns County shall be authorized to employ clerical personnel to assist him in

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carrying out his official duties. The compensation of any such personnel shall be payable from the funds of Towns County, but the total amount payable from county funds for the employment of such personnel shall not exceed $3,600.00 per annum. Employees. 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. 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 1977 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the Tax Collector of Towns County, known as the fee system; to provide in lieu thereof an annual salary; to provide for a secretary; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 1st day of January, 1977. /s/ Ervin Johnson Tax Collector, Towns County 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

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Towns County Herald which is the official organ of Towns County, on the following dates: January 7, 14 and 21, 1977. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 30, 1977. GLYNN COUNTY SHERIFF'S OFFICEEMPLOYEES. No. 706 (House Bill No. 1126). 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 April 17, 1975 (Ga. L. 1975, p. 3726), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3966), so as to change the provisions relative to the number of employees within the sheriff's office; to change the provisions relative to the compensation of the sheriff and the employees within the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of 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), and an Act approved

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March 31, 1976 (Ga. L. 1976, p. 3966), is hereby amended by striking in section 2, the following: 4 matrons, and substituting in lieu thereof, the following: 5 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. Employees. 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 5 matrons 1 cook 2 custodians. Section 2. Said Act is further amended by striking section 2A in its entirety and substituting in lieu thereof a new section 2A, to read as follows: Section 2A. (1) Subject to the provisions of subsection (3), the base annual salary of the sheriff shall be fixed by the county governing authority in an amount of not less than $18,000 and not more than $21,000. Salary. (2) Subject to the provisions of subsection (3), the base annual salary of the persons employed by the sheriff shall

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be fixed by the sheriff with the approval of the county governing authority and shall be within the following amounts: chief deputy $12,000 to $15,000 1st senior deputy $ 9,600 to $ 10,600 2nd senior deputy $ 8,900 to $ 9,900 2 deputies $ 8,400 to $ 9,600 6 deputies, including the office deputy $ 7,500 to $ 8,500 chief jailer $ 7,500 to $ 8,500 9 additional jailers $ 7,200 to $ 8,200 5 matrons $ 5,400 to $ 6,400 clerk-typist $ 5,400 to $ 6,400 2 custodians $ 4,800 to $ 5,800 cook $ 3,600 to $ 4,800 (3) Notwithstanding the provisions of subsection (1) or (2) of this section, the sheriff and the employees of the sheriff's office specified above shall receive a base salary which is not less than the base salary plus longevity pay which the sheriff or employees of the sheriff's office are receiving on the effective date of this section. Section 3. Said Act is further amended by striking section 2B in its entirety, which reads as follows: Section 2B. The base salaries provided in section 2A shall be increased by 3 percent for each year of service completed after January 1, 1974, except for the base salaries of the chief jailer, 7 additional jailers, and the clerk-typist which shall be increased by 3 percent for each year of service completed after January 1, 1975. Increases. 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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended; to repeal conflicting laws; and for other purposes. This 24th day of January, 1977. James R. Tuten, Jr. Representative, 153rd District Dean G. Auten Representative, 154th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Tuten, Jr. 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 26, February 2, and 9, 1977. /s/ James R. Tuten, Jr. Representative, 153rd District Sworn to and subscribed before me this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 30, 1977.

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GLYNN COUNTY PROBATE COURTDEPUTIES' SALARIES CHANGED. No. 707 (House Bill No. 1127). 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), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3790), so as change the provision 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), and an Act approved March 31, 1976 (Ga. L. 1976, p. 3790), is hereby amended by striking in section 5(b), the following: $13,000, and substituting in lieu thereof, the following: $15,000, 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 $15,000 annually. Such salaries shall be paid in equal month installments from the funds of Glynn County.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that section 5B House Bill Number 1994, 1976 Acts of the Georgia General Assembly page 3790 will be amended at the 1977 session of the Georgia General Assembly to raise the total amount paid by the Judge of the Probate Court to his deputies from $13,000 annually to $15,000 annually effective July 1, 1977. J. Wesley Jernigan Probate Judge Glynn County Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Tuten, Jr. 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 27, February 3 and 10, 1977. /s/ James R. Tuten, Jr. Representative, 153rd District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977.

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BUTTS COUNTY SUPERIOR COURTDISPOSITION OF CRIMINAL FINES CHANGED. No. 708 (House Bill No. 1142). An Act to amend an Act to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse, approved April 15, 1969 (Ga. L. 1969, p. 2664), so as to permit the use of such funds for maintaining certain other public buildings; to provide that such funds in excess of a certain amount shall be paid into the general fund of the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Courthouse, approved April 15, 1969 (Ga. L. 1969, p. 2664), is hereby amended by striking section 1 thereof in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. In all criminal cases and quasi-criminal cases heard in the Superior Court of Butts County, wherein a fine, which shall be construed to include costs, is collected, or wherein a bond, which shall be construed to include costs, is forfeited and collected, the sum of $5.00 for each case so disposed shall be paid to the Treasurer of Butts County. Such sum remitted to the treasurer under the provisions of this Act shall be used for the purpose of maintaining the Butts County courthouse and other public buildings owned by the Board of Commissioners of Butts County. Provided, that if the amount of such funds held by the treasurer at any time shall exceed $10,000.00, the amount in excess of $10,000.00 shall be paid into the general fund of the county for general county purposes. Excess funds. 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 1977 session of the General Assembly of Georgia a bill to amend an Act providing that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Court House, approved April 15, 1969 (Ga. L. 1969, p. 2664), as amended, so as to change the provisions relative to the use of such funds; to repeal conflicting laws; and for other purposes. This the 8th day of February 1977. Bill Jones Representative, 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: February 10, 17 and 24, 1977. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 28th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977.

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TIFT COUNTY SUPERIOR COURT CLERKCOMMISSIONERS TO FIX SALARY. No. 709 (House Bill No. 1166). An Act to amend an Act placing the Clerk of the Superior Court of Tift County upon a salary in lieu of a fee basis of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2608), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3125), so as to authorize the Board of Commissioners of Tift County to fix the salary of the Clerk of the Superior Court of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Tift County upon a salary in lieu of a fee basis of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2608), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3125), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The clerk of the superior court shall receive an annual salary of not less than $10,000.00 and not more than $14,400.00, the exact amount to be determined by the Board of Commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the clerk of the superior court in April, 1977, for the remainder of 1977, and at their regular meeting in December in 1977 and each year thereafter for the succeeding calendar year. The salary provided herein shall be in addition to the salary received by the clerk of the superior court for serving as the Clerk of the State Court of Tift County. 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. Legislation will be introduced at the regular 1977 session of the General Assembly of Georgia to amend existing laws regarding the compensation of the Clerk of the superior and state courts of Tift County, and for other purposes. Reinhardt, Whitley Sims P.C. Attorneys for Tift County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey 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 Tifton Gazette which is the official organ of Tift County, on the following dates: February 5, 12 and 19, 1977. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. TIFT COUNTY PROBATE COURT JUDGECOMMISSIONERS TO FIX SALARY. No. 710 (House Bill No. 1167). An Act to amend an Act placing the Judge of the Probate Court of Tift County upon a salary in lieu of a fee basis, approved March 24, 1965 (Ga. L. 1965, p. 2541), as

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amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3718), so as to authorize the Board of Commissioners of Tift County to fix the salary of the Judge of the Probate Court of Tift County; to provide for minimum and maximum limits; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Tift County upon a salary in lieu of a fee basis, approved March 24, 1965 (Ga. L. 1965, p. 2541), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3718), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The judge of the probate court shall receive an annual salary of not less than $11,000.00 and not more than $12,500.00, the exact amount to be determined by the Board of Commissioners of Tift County, payable in equal monthly installments out of the funds of Tift County. The board of commissioners shall fix the salary of the judge of the probate court in April, 1977, for the remainder of 1977, and at their regular meeting in December in 1977 and each year thereafter for the succeeding calendar year. 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 1977 session of the General Assembly of Georgia to amend existing laws regarding the compensation of the Judge of the Probate Court of Tift County, and for other purposes. Reinhardt, Whitley Sims P.C. Attorneys for Tift County

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey 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 Tifton Gazette which is the official organ of Tift County, on the following dates: February 5, 12 and 19, 1977. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 23rd day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. HANCOCK COUNTY SMALL CLAIMS COURTMINOR CHANGES. No. 711 (House Bill No. 1172). An Act to amend an Act creating the Small Claims Court of Hancock County, approved March 24, 1976 (Ga. L. 1976, p. 3263), so as to increase the costs in said court; to provide that persons 18 years of age or older may serve as bailiffs in said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Small Claims Court of Hancock County, approved March 24, 1976 (Ga. L. 1976, p.

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3263), is hereby amended by striking from section 8, wherever the same shall appear, the following: $8.50, Costs. and substituting in lieu thereof the following: $10.00, so that when so amended, section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $10.00, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. (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 $10.00 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 2. Said Act is further amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. Any person appointed as a judge of the small

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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. Bailiffs. Except as is provided in section 14, 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. Said Act is further amended by adding at the end of section 14 the following: Persons 18 years of age or older shall be eligible for appointment and to serve as bailiffs in said court. 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Hancock County, approved March 24, 1976 (Ga. L. 1976, p. 3263), so as to increase the costs in said court; to provide that persons 18 years of age or older may serve as bailiffs in said court; and for other purposes. This 24th day of January, 1977. 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

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the Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 27, February 3, 10, 1977. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 24th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. GREENE COUNTY SMALL CLAIMS COURTMINOR CHANGES. No. 712 (House Bill No. 1173). An Act to amend an Act creating the Small Claims Court of Greene County, approved March 11, 1975 (Ga. L. 1975, p. 2666), so as to increase the costs in said court; to provide that persons 18 years of age or older may serve as bailiffs in said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Small Claims Court of Greene County, approved March 11, 1975 (Ga. L. 1975, p. 2666), is hereby amended by striking from section 8, wherever the small shall appear, the following: $8.50, and substituting in lieu thereof the following: $10.00, Costs.

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so that when so amended, section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $10.00, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. (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 $10.00 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 2. Said Act is further amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Judge. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Greene County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. Except as it provided for in section 14, 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.

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Section 3. Said Act is further amended by adding at the end of section 14 the following: Persons 18 years of age or older shall be eligible for appointment and to serve as bailiffs in said court. Bailiff. 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 1977 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Greene County, approved March 11, 1975 (Ga. L. 1975, p. 2666), so as to increase the costs in said court; to provide that persons 18 years of age or older may serve as bailiffs in said court; and for other purposes. E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County, on the following dates: January 27, February 3, 10, 1977. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 24th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977.

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LUMPKIN COUNTYSALARY CHANGES FOR SUPERIOR COURT CLERK AND PROBATE JUDGE, ETC. No. 713 (House Bill No. 1183). An Act to amend an Act placing the Clerk of the Superior Court and Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), so as to change the compensation of the Clerk of the Superior Court and the Judge of the Probate Court; to change the compensation of such officers' 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 and Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The Clerk of the Superior Court of Lumpkin County shall receive an annual salary of not less than $12,000.00, payable in equal monthly installments from the funds of Lumpkin County. Section 2. Said Act is further amended by striking in its entirety section 3 and substituting in lieu thereof a new section 3 to read as follows: Section 3. The Judge of the Probate Court of Lumpkin County shall receive an annual salary of not less than $12,000.00, payable in equal monthly installments from the funds of Lumpkin County. Section 3. Said Act is further amended by striking in its entirety subsection (a) of section 5 and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Clerk of the Superior Court and the Judge of the Probate Court shall each be authorized to employ one

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deputy, and each such deputy shall receive an annual salary not less than $6,000.00. 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. 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 1977 session of the General Assembly of Georgia, a bill providing for a change in the compensation of County officials and for other purposes. This 17 day of January, 1977. Tom Dalton Local Sponsor 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 Nuggett which is the official organ of Lumpkin County, on the following dates: January 21, 28 and February 4, 1977. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 2nd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977.

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HENRY COUNTYCERTAIN VIOLATIONS OF BUSINESS REGULATIONS TO BE MISDEMEANORS. No. 714 (House Bill No. 1197). An Act to amend an Act authorizing the Board of Commissioners of Henry County to assess and collect license fees upon certain business activities conducted within Henry County, approved April 2, 1974 (Ga. L. 1974, p. 3853), so as to provide that violations of certain regulations adopted by the Board shall constitute a misdemeanor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Board of Commissioners of Henry County to assess and collect license fees upon certain business activities conducted within Henry County, approved April 2, 1974 (Ga. L. 1974, p. 3853), is hereby amended by adding between sections 1 and 2 a new section 1A to read as follows: Section 1A. A violation of any regulation adopted by the Board of Commissioners of Henry County pursuant to authority of an amendment to Article XI, Section I, Paragraph VI of the Constitution of 1945, authorizing the Board of Commissioners to regulate certain business activities within Henry County, shall constitute a misdemeanor which shall be punishable as prescribed by the general 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 1977 session of the General Assembly of Georgia, a bill to provide that violators of ordinances of the Board

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of Commissioners of Henry County shall be guilty of a misdemeanor; and for other purposes. This 7th day of February, 1977. Ray M. Tucker Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray E. Tucker who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser which is the official organ of Henry County, on the following dates: February 10, 17 and 24, 1977. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 1st day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 30, 1977. TOWN OF CHESTERNEW CHARTER. No. 715 (House Bill No. 1202). An Act to create a new charter for the Town of Chester; to repeal the existing charter of said town and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the town

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and their powers, duties and authority; to provide for elections; to provide for ordinances and codes; to provide for the administrative affairs of the town; to create a municipal court and provide for the jurisdiction, practice, procedure, judge and personnel thereof; to provide for bonds; to provide for the sale of town property; to provide for eminent domain; to provide for the continuation of the present mayor and councilmen; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION, POWERS Section 1.1. Name. This Act shall constitute the charter of the Town of Chester. The town and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of Town of Chester, Georgia, and by that name shall have perpetual succession. Section 1.2. Corporate boundaries. (a) The corporate limits of the Town of Chester shall be those existing on January 1, 1977, which limits are set forth in Georgia L. of 1916, p. 618, and are particularly described as follows: One-half of one mile in all directions from the center of intersection of Chester Avenues and Main Street, in said town, making said corporate limits a circle one mile in diameter, with said street crossing in the center thereof. (b) The town council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries. Section 1.3. Powers and construction. (a) The town shall have all powers possible for a town to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter.

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(b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. Section 1.4. 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 shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.1. Town council creation; composition; number; election. The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.2. Town council terms and qualification for office. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the town immediately prior to the date of the election of mayor or members of the town council; each shall continue to reside therein during his period of service; and shall be registered and qualified to vote in municipal elections of the town. Section 2.3. General power and authority of the town council. Except as otherwise provided by this charter, the town council shall be vested with all the powers of government of this town as provided by Article I. Section 2.4. The mayor; powers and duties. The mayor shall be the chief executive officer of the town and as such shall have the following powers and duties;

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(a) to preside at all meetings of the town council and be recognized as the official head and spokesman of the town for service of process and ceremonial purposes; (b) to administer and enforce the ordinances, bylaws, resolutions, regulations, rules, orders and acts of the town council; (c) to vote on matters before the town council only in case of a tie, or if his vote is necessary to constitute a sufficient number to transact business; (d) to sign, for and on behalf of the town, all contracts, ordinances, instruments and other documents authorized by the town council and which are required to be in writing, unless otherwise directed or authorized by the town council; (e) to control the law enforcement agency of the town and other special officers appointed by the town council for any purpose. (f) to filfill such other executive and administrative duties as authorized or directed by the town council. Section 2.5. Mayor pro tem. At the organization meeting the town council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the town council of the mayor's disability or absence. Section 2.6. Acting mayor. In the event of the absence, disability or disqualification of both the mayor and mayor pro tem, the remaining members of the town council shall elect an acting mayor from their number, to preside and who shall have all the powers of the mayor during the absence, disability or disqualification of the mayor and mayor pro tem. Section 2.7. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary

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expenses incurred in the performance of their duties of office. Section 2.8. Organization meeting. The town council shall meet for organization at the first regular meeting following each municipal general election. The meeting shall be called to order by the town 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 faithfully perform the duties of (mayor or council member as the case may be) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.9. Regular and special meetings. (a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or two (2) members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) To meet a public emergency affecting life, health, property or public peace, the town council may convene on call of the mayor or two (2) council members and promptly adopt an emergency ordinance, but such ordinance 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 for loans to be repaid within thirty days. An emergency ordinance shall be introduced

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in the form 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 (2) council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.10. Rules of procedure. The town council shall adopt 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 2.11. Quorum; voting. The mayor, or the mayor pro tem, or the acting mayor, and two (2) council members shall constitute a quorum and shall be authorized to transact business of the town 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 town council shall have the right to request a roll-call vote. The affirmative vote of two (2) council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.12. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the Town of Chester hereby ordains..., and every ordinance shall so begin.

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(b) An ordinance may be introduced by any council member and read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in section 2.9(c). Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each council member before the same is adopted and at the same time shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate. Section 2.13. Action requiring an ordinance. In addition to other acts required by general State law or by specific provisions of this charter to be done by ordinance, acts of the town council which have the force and effect of law shall be done by ordinance. Section 2.14. Codes of technical regulations. (a) The town 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 2.12(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinances; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to section 2.15. Section 2.15. Signing; authentication; 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 town council. (b) The town council shall provide for the preparation of a general codification of all of the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto

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and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as the Code of the Town of Chester, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the town and made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town 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 town council. Following publication of the first code under this charter 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 town council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.16. Inquiries and investigations. The town 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 town council shall be punished as provided by ordinance. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.1. Administrative and service departments. (a) Except as otherwise provided in this charter, the town council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the town,

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as necessary for the proper administration of the affairs and government of the town. (b) In addition to their elective duties, individual council members may be charged with such administrative duties as the town council may prescribe by ordinance or resolution, provided such duties do not conflict with general State law. (c) All appointive offices and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.2. Boards, commissions, authorities. Except as otherwise provided by this charter or general State law, the town council shall create by ordinance such boards, commissions, authorities, and other bodies to fulfill any investigative, quasi-judicial, or quasi-legislative function the council shall prescribe. The council shall prescribe the composition, period of existence, duties, powers, compensation, structure, and all other matters in connection with the operations of such boards, commissions and authorities. ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation of municipal court; name. There shall be a court to be known as the Municipal Court of the Town of Chester. Section 4.2. Judge; court personnel. (a) The mayor, or in the mayor's absence or disqualification, the mayor pro tem, shall be the judge of the mayor's court. (b) The town clerk shall perform the duties of clerk of the municipal court, and, when required, the town attorney shall serve as prosecutor in said court. The town council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court. Section 4.3. Terms; jurisdictions; powers. (a) The municipal court shall convene at regular intervals as provided by ordinance.

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(b) The municipal court shall try and punish for violations of all town ordinances. (c) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed ten dollars ($10.00) or three (3) days in jail. (d) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of three hundred dollars ($300.00) or imprisonment for ninety (90) days or both, or to sentence any offender upon conviction to labor in a town work gang or on the street, sidewalks, squares, or other public works for a period not exceeding ninety (90) days. (e) 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. (f) 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 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, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the town, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.

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(g) 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. (h) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience in its orders, judgments and sentences; and to administer such oaths as are necessary. (i) 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 general State law. (j) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the town granted by general State laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the superior court of the county from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided that any person who fails to file his appeal within 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 4.5. Rules for court. With the approval of the town 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, the town council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the town clerk, shall be available

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for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. Section 4.6. Appointment of counsel for indigent. The town council shall provide by ordinance for appointment of counsel for indigents, or others, as now or hereafter required by law, and shall by such ordinance provide for compensation to be paid to counsel so appointed. The judge of the municipal court shall appoint counsel in such cases from among the attorneys at law residing in the county and those counties adjoining the county, or from among those attorneys at law who have previously consented to serve as appointed counsel in such court. ARTICLE V ELECTIONS AND REMOVAL Section 5.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.2. Regular elections; time for holding. (a) There shall be held on the first Wednesday in December 1977, and biennially on the same day in each calendar year of odd number thereafter, an election for the purpose of electing a mayor and four council members. The mayor and council members elected at such elections shall take office on the first day of January of the calendar year following their election and shall serve for terms of two years and until their successors are duly elected and qualified. (b) For the purpose of electing candidates for council members, other than the mayor, each council position shall be designated by number. Each candidate for election as council member shall be required to designate by number which of the council posts he offers for election. Section 5.3. Vacancies. In the event the office of mayor

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or of any one or more council members becomes vacant for any reason for cause, the same shall be filled until the next regular town election by a person or persons elected by the town council at a regular meeting of said council, and such persons so elected shall serve until their respective successors are elected and qualified. Section 5.4. Removal of officers. The mayor, council members, or others provided for in this charter shall be removed 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) knowingly violate any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof which shall include repeated failure to regularly attend council meetings without cause; or (f) failure for any other cause to perform the duties of office as required by this charter or by State law. Section 5.5. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By the vote of two-thirds of the remaining council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall beheld not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the town council to the

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superior court of the 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 the county as provided by State law. Section 5.6. Other provisions. Except as otherwise provided by this charter, the town council shall prescribe, by ordinance, such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885), as now or hereafter amended. ARTICLE VI REVENUE AND FINANCE Section 6.1. Property tax. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the cost of operating the town government; providing governmental services; for the repaying of principal and interest on general obligations; and for any other public purpose as determined by the town council in its discretion. This town is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104, inclusive. Section 6.2. Millage rate, due dates, payment methods. The town council, by ordinance, shall establish a millage rate for the town property tax; a due date; and in what length of time these taxes must be paid. The town council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.3. Occupation and business taxes. The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and

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corporations who transact business in the town or who practice or offer to practice any profession or calling therein to the extent such persons become lawfully taxable by the town. The town council may classifiy businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in section 6.9. Section 6.4. Franchises. The town council shall have the power to grant franchises for the use of the town's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The town council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book to be kept by him. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.5. License; permits; fees. The town council by ordinance shall have the power to require any individuals or corporations who transact business in the town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude town regulation. Such fees may reflect the total cost to the town of regulating the activity and if unpaid shall be collected as provided in section 6.9. The town council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.6. Service charges. The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate

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limits of the town for the total cost to the town of providing such services. If unpaid, such charges shall be collected as provided in section 6.9. Section 6.7. Special assessments. The town council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in section 6.9. Section 6.8. Construction; other taxes. The town shall be empowered to levy any other taxes allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the town to govern its local affairs. Section 6.9. Collection of delinquent taxes and fees. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under sections 6.1 through 6.8 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and executions of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town licenses for failure to pay any town taxes or fees; allowing exceptions for hardship; and providing for the assignment of transfer of tax executions. Section 6.10. General obligations bonds. The town 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.

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Section 6.11. Revenue bonds. Revenue bonds may be issued by the town council as State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.12. Short-term notes. The town must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.13. Sale of town property. (a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as provided by general State law as now or later amended at section 69-318 of the 1933 Code of Georgia (Ga. L. 1976, p. 350). (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. ARTICLE VII GENERAL PROVISIONS Section 7.1. Eminent domain. The town council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medcal institutions, agencies and facilities, and any other public improvements inside or outside the town, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future.

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Section 7.2. Official bonds. The officers and employees of the town, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the town council shall from time to time require or as may be provided by State law. Section 7.3. Prior 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 town council. Section 7.4. Present mayor and council. The mayor and councilmen in office on the effective date of this Act shall continue in office as mayor and council members under this Act until the expiration of their terms of office and the election and qualification of their successors as provided for in this Act. Section 7.5. 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 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 7.6. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.7. Repealer. An Act incorporating the Town of Chester, approved August 21, 1916 (Ga. L. 1916, p. 618), is hereby repealed in its entirety. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia,

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a bill to reincorporate the Town of Chester, Georgia, and provide a new charter for said town; and for other purposes. This 14th day of January, 1977. Terry L. Coleman Representative, 118th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Coleman who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight which is the official organ of Dodge County, on the following dates: January 27, February 3 and 10, 1977. /s/ Terry Coleman Representative, 118th District Sworn to and subscribed before me this 3rd day of March, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved March 30, 1977. BRYAN COUNTY SMALL CLAIMS COURT CREATED. No. 734 (Senate Bill No. 305). An Act to create and establish a Small Claims Court in and for Bryan County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court;

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to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that services may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Bryan 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. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Bryan County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. Judge.

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All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to dicharge any duty whatever appertaining to his office, the judge of the Superior Court of Bryan 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. Disability. 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. Actions. (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

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

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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. (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. Trials. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.

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(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. Section 13. The judge of the Superior Court of Bryan 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

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have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as Small Claims Court Bailiff and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code section 24-804 and give the bond prescribed in Code section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiffs. Section 15. A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county. Lien. Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals. Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms.

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Small Claims Court of Bryan County

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Section 18. On, before or immediately 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 of four years and until his successor is duly appointed and qualified. Successors to the initial judge shall be appointed by the Governor for terms of office of four years and until their respective successors are duly appointed and qualified. In the event of a vacancy for any reason the Governor shall appoint a person to serve as judge for the remainder of the unexpired term. Appointment of 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

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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. Facitities. Section 20. The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia Laws to the Small Claims Court, without cost to the court or the county. Library. 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 plintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 22. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or

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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 deposity 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. Fees. Section 25. In the event of any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no maner 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 parts 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 hereaby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1977 Session of the General Assembly of Georgia a bill to provide for a small claims court for Bryan Co.; to provide for jurisdiction and pleading and practice; to provide for the appointment or election, duties, compensations, qualifications, tenure of the judge at such court; to provide for other officers, their duties and compensations; and for other purposes. This 13th day of January 1977. Mell Traylor, Senator 3rd District A. D. Clifton, Representative 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 Pembroke Journal which is the official organ of Bryan County, on the following dates: January 20, 27 and February 3, 1977. /s/ Mell Traylor Senator, 3rd District Sworn to and subscribed before me this 14th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 19, 1980. (Seal). Approved April 7, 1977.

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GWINNETT COUNTY STATE COURTSALARY CHANGES. No. 744 (House Bill No. 676). An Act to amend an Act establishing the State Court of Gwinnett County, approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2446), so as to change the compensation of the judge and solicitor of the State court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Gwinnett County, approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2446), is hereby amended by striking from section 14 the following: eleven thousand ($11,000.00) dollars, and inserting in lieu thereof the following: thirteen thousand ($13,000.00) dollars, so that when so amended section 14 shall read as follows: Section 14. Be it further enacted that there shall be a judge of said court who shall be elected by the qualified voters of Gwinnett County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected; provided, however, that the present judge of said court shall continue to serve his present term, and until his successor is elected and qualified. A judge of said court shall be elected at the general election for State and county officers to be held in the year 1966, for a term of four years beginning January 1, 1967, and at the general election for State and counties to be held every four years thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and

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qualified. The judge of said court shall be at least twenty-eight years of age, shall have practiced law at least five years and resided in the Gwinnett County for two years prior to his taking office. He shall take and subscribe in substance the oath of office as is prescribed for judges of the superior courts. He shall be vested with all the power and authority of judges of the superior courts. He shall be invested with all the power and authority of judges of the superior courts as to all matters, except as are exclusively conferred upon the judges of the superior courts by the Constitution and laws of this State. Such judge shall be paid a salary of thirteen thousand ($13,000.00) dollars per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judge shall be an expense of said court. Section 2. Said Act is further amended by striking from section 15 the following: ten thousand seven hundred and fifty ($10,750.00) dollars, and inserting in lieu thereof the following: twelve thousand ($12,000.00) dollars, so that when so amended section 15 shall read as follows: Section 15. There shall be a solicitor of said court who shall be elected by the qualified voters of Gwinnett County at the same time and under the same rules and regulations as other county officers are now elected. The present solicitor of said court shall continue to serve his present term and until his successor is elected and qualified. A solicitor for said court shall be elected at the general election for State and county officers to be held in the year 1970 for a term of four years beginning January 1, 1971, and at the general election for State and county officers to be held every four years thereafter for each succeeding term of four years, and said solicitor shall hold office until his successor is elected and qualified. The solicitor of said court shall be

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at least twenty-five years of age, shall have practiced law at least three years and resided in Gwinnett County two years prior to his taking office. He shall take the same oath of office as is prescribed for solicitors-general of the State. He shall represent the State and shall prosecute all criminal cases in said court, and such criminal cases as shall be carried to the appellate courts of Georgia. Said solicitor shall be paid a salary of twelve thousand ($12,000.00) dollars per annum, payable monthly out of the treasury of said county by the office [sic] of the county authorized to pay out such funds. The salary of said solicitor be an expense of said court. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1977 Session of the General Assembly of the State of Georgia a bill establishing Compensation for certain elected officials and constitutional officers of Gwinnett County, providing a method for salary adjustments and for other purposes. Board of Commissioners of Gwinnett County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. B. Harris, Sr. who, on oath, deposes and says that he is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lawrenceville Home Weekly which is the official

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organ of Gwinnett County, on the following dates: December 22, 29, 1976 and January 5, 1977. /s/ B. B. Harris, Sr. Representative, 60th District Sworn to and subscribed before me, this 7th day of February, 1977. /s/ Susan Gordon Notary Public. (Seal). Approved April 8, 1977. CITY OF TEMPLE CHARTER AMENDEDCITY LIMITS CHANGED. No. 748 (House Bill No. 991). An Act to amend an Act incorporating the City of Temple and granting a new charter for said city, approved March 28, 1974 (Ga. L. 1974, p. 3609), so as to change the corporate limits of the City of Temple; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Temple and granting a new charter for said city, approved March 28, 1974 (Ga. L. 1974, p. 3609), is hereby amended by adding, following section 1-2, a new section 1-2.1, to read as follows: Section 1-2.1. In addition to the present corporate limits of the City of Temple, the corporate limits of the City of Temple shall also include all those tracts or parcels of land and all territory and the inhabitants thereof contained in the following described territory, to wit:

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Beginning at a point where the north right of way of U. S. Highway 78 intersects the west boundary of the present corporate limits, thence extending along said north right of way of U. S. Highway 78 in a westerly direction a distance of 1,340 feet, more or less, to the west land lot line of Land Lot 174, which is also the Carroll County-Haralson County line; extending thence north along the west land lot line of Land Lot 174 to an iron pin at the northwest corner of said Land Lot 174; thence continuing northward along the west land lot line of Land Lot 179 to an iron pin at the northwest corner of said Land Lot 179; thence continuing northward along the west land lot line of Land Lot 206 to the northwest corner of said Land Lot 206; thence continuing east along the north land lot line of Land Lot 206 to an iron pin at the northeast corner of Land Lot 206; thence extending eastward along the north land lot line of Land Lot 205 to an iron pin at the northeast corner of Land Lot 205; thence continuing eastward along the north land lot line of Land Lot 204 to the northeast corner iron pin of Land Lot 204; thence continuing eastward along the north land lot line of Land Lot 203 to an iron pin at the northeast corner of Land Lot 203; thence running southward along the east land lot line of Land Lot 203 to an iron pin at the southeast corner of Land Lot 203; thence running southward along the east land lot line of Land Lot 182 to an iron pin at the southeast corner of Land Lot 182; thence running southward along the east land lot line of Land Lot 171 to an iron pin at the southeast corner of Land Lot 171; thence running southward along the east land lot line of Land Lot 150 to an iron pin at the southeast corner of Land Lot 150; thence running southward along the east land lot line of Land Lot 139 to an iron pin at the southeast corner of Land Lot 139; thence running westward along the south land lot line of Land Lot 139 to an iron pin at the southwest corner of Land Lot 139; thence running westward along the south land lot line of Land Lot 140 to an iron pin at the southwest corner of Land Lot 140; thence continuing westward along the south land lot line of Land Lot 141 to an iron pin at the southwest corner of Land Lot 141; thence running westward along the south land lot line of Land Lot 142 to an iron pin at the southwest corner of Land Lot 142; thence extending northward along the west land lot line of Land Lot 142

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to an iron pin at the northwest corner of Land Lot 142; thence extending northward along the west land lot line of Land Lot 147 to an iron pin at the northwest corner of Land Lot 147; thence extending northward along the west line of Land Lot 174 a distance of 320 feet, more or less, to the south right of way of U. S. Highway 78; running thence in an easterly direction along the south right of way of U. S. Highway 78 a distance of 1,360 feet, more or less to the present corporate limits. Section 2. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Temple to issue the call for an election for the purpose of submitting this Act to the electors of the City of Temple and the electors who reside within the area proposed to be annexed under the provisions of section 1 of this Act who are registered and qualified to vote for members of the General Assembly, for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Carroll County. The ballot shall have written or printed thereon the words: Referendum. () YES () NO Shall the Act increasing the corporate limits of the City of Temple 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 total votes cast by all electors 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 Temple. It shall be the duty of the superintendent to hold

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and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. It shall be the duty of the election superintendent of Carroll County to furnish such assistance and information as may be necessary to properly identify those electors residing within the territory proposed to be annexed to the corporate limits and to assist the election superintendent of the City of Temple in holding and conducting such election. The election superintendment of the City of Temple is hereby authorized to establish a polling place or places at which the electors residing in the area proposed to be annexed shall cast their ballots. The election superintendent is further authorized to adopt such reasonable and necessary rules and regulations as may be required to carry out the provisions of 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 1977 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Temple, in the County of Carroll (Ga. L. 1974, p. 3609), so as to change the corporate limits of the City of Temple; to repeal conflicting laws; and for other purposes. This the 4th day of January, 1977. By: Thomas P. Glanton Member House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Johnson who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

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in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 6, 13, 20, 1977. /s/ Gerald Johnson Representative, 66th District Sworn to and subscribed before me, this 8th day of February, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 8, 1977. STATE COURT OF CLARKE COUNTYJUROR PROVISIONS CHANGED. No. 749 (House Bill No. 1099). An Act to amend an Act establishing a city court in the County of Clarke (now known as the State Court of Clarke County), approved September 9, 1879 (Ga. L. 1878-1879, p. 291), as amended, so as to change the provisions relating to the number and selection of jurors in civil misdemeanor trials in said court; to provide for the manner in which a verdict is reached by said jurors; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a city court in the County of Clarke (now known as the State Court of Clarke County), approved September 9, 1879 (Ga. L. 1878-1879, p. 291), as amended, is hereby amended by striking from section VII the following: twenty-four,

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and inserting in lieu thereof the following: twelve, so that when so amended section VII shall read as follows: During the session of said city court, at each term, in open court, the judge shall draw from said box number one, twelve names of persons to serve as jurors at the next term of said city court and shall cause the clerk to record said names so drawn and then deposit the tickets in another box, to be provided at the public expense, and numbered two. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed, and shall not be opened by any person except the judge of the said city court, or the judge of the superior court, when presiding in his place, for the purpose of drawing juries in open court, except in cases when, from failure to draw a jury in term time, or from other cause, it may be necessary to draw a jury for said city court in vacation. If from any cause it should become necessary to draw a jury for said city court in vacation, either the judge of said city court or a judge of the superior courts may, at any time twenty days before the next term of said city court, proceed to draw juries in the manner above prescribed. The clerk shall keep said jury boxes, and the sheriff shall keep the key, and it shall be the duty of the clerk of said court, within five days after the appointment of the judge of said court, to prepare said jury lists and boxes, as hereinbefore provided, and after said boxes are prepared, the jury to serve at the first quarterly term of said court shall be drawn as above provided for drawing juries in vacation. Section 2. Said Act is further amended by striking section X and section XI in their entirety and inserting in lieu thereof a new section X, to read as follows: Section X. Any other provision of law to the contrary notwithstanding, all civil and misdemeanor cases tried by a jury in said court shall be tried by a jury of six members. At each trial session of said court in which a civil or misdemeanor case is to be tried, the judge shall, from

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the petit jurors drawn and summoned, cause to be made up a panel of twelve jurors. All civil and misdemeanor cases and issues to be tried by jury at said trial session shall be tried by a jury stricken from said panel of twelve. If for any cause said panel should be reduced below twelve, the judge shall cause the panel to be filled by tales jurors to the number of twelve. In all civil cases tried in said court, the parties or their attorneys shall be furnished a list of the jurors comprising said panel, 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 misdemeanor cases tried in said court, the defendant and the State shall likewise be furnished a list of the jurors comprising said panel, and the defendant shall be entitled to four peremptory challenges and the State shall be entitled to two. All laws and rules, both civil and criminal, regulating the selection of juries in the superior courts shall apply to said court except where they are inconsistent with the terms of this Act. Section 3. Said Act is further amended by adding a new section, to be designated as section X.1., to read as follows: Section X.1. In all civil cases and all misdemeanor cases tried by a jury in said court, the unanimous vote of six jurors shall be required to reach a verdict. 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 local legislation will be introduced in the 1977 Session of the General Assembly of Georgia, to amend an Act establishing a City Court in the County of Clarke (now known as the State Court of Clarke County), approved September 9, 1987 (Ga. 1897, p. 291), as

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amended, so as to change the provisions relating to the number and selection of jurors in civil and misdemeanor trials in said court; to provide for the manner in which a verdict is reached by said jurors; to provide for the salaries and duties of the Judge and Solicitor of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 5th day of January, 1977. James R. Holland Chairman, Board of Commissioners of Clarke County Georgia, Clarke County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Robert 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 7, 14 and 21, 1977. /s/ Robert W. Chambers Publisher, The Daily News Sworn to and subscribed before me, this 10th day of February, 1977. /s/ Eve Hale Morris Notary Public, Georgia State at Large. My Commission Expires July 26, 1980. (Seal). Approved April 8, 1977.

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DEKALB COUNTY EMPLOYEES RETIREMENT FUND STUDY COMMISSION CREATED. No. 22 (House Resolution No. 13-58). A Resolution. Creating the DeKalb County Employees Retirement Fund Study Commission; and for other purposes. Whereas, certain citizens and groups in DeKalb County have expressed an interest in creating a new and different county retirement system for the DeKalb County Police Department; and Whereas, the creation of a new and different retirement system for the DeKalb County Police Department might affect the actuarial soundness of the present county retirement system; and Whereas, consideration and study should be given to the feasibility of creating a separate retirement system for the DeKalb County Police Department or amending the present county retirement system Act to correct any deficiencies or inequities that may exist between the Police Department and other county employees. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the DeKalb County Employees Retirement Fund Study Commission to be composed of seven members, as follows: (1) One member appointed by the Democratic Delegation of DeKalb County in the House of Representatives. (2) One member appointed by the Republican Delegation of DeKalb County in the House of Representatives. (3) One member appointed by the Democratic Delegation of DeKalb County in the Senate.

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(4) One member appointed by the Republican Delegation of DeKalb County in the Senate. (5) One member appointed by the Chairman of the Board of Commissioners of DeKalb County. (6) The Chief Operating Officer of the Pension Board of DeKalb County shall serve as an ex officio nonvoting member of the Commission. (7) The Chief of Police of DeKalb County or his designee shall serve as a nonvoting member of the Commission. Elected officials shall be ineligible to serve as members of the Commission. All members of the Commission shall serve without compensation. Be it further resolved that the appointing authority shall appoint their respective members on or before April 15, 1977, and the Commission shall conduct its organizational meeting to elect officers and formulate plans for future meetings on the first Monday in May, 1977. Be it further resolved that the Commission shall conduct a thorough study of the DeKalb County retirement system and submit its conclusions and recommendations to the DeKalb County Legislative Delegation, the governing authority of DeKalb County and to other interested persons as the Commission shall determine on or before December 1, 1977, at which time the Commission shall stand abolished. Approved March 30, 1977. C.E.T.A. STUDY COMMITTEE OF DEKALB COUNTY CREATED. No. 25 (House Resolution No. 124-545). A Resolution. Creating the CETA Study Committee of DeKalb County; and for other purposes.

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Whereas, the Federal Comprehensive Employment and Training Act of 1973 (CETA) provides federal matching funds for the employment of certain personnel by local governments; and Whereas, a study should be made of the utilization of these personnel by DeKalb County to the end that economy, efficiency and the effective use of the CETA program may be encouraged. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the CETA Study Committee of DeKalb County to consist of ten members as follows: (a) One member selected by the DeKalb County Republican Party in a manner determined by said Party. (b) One member selected by the Democratic Party of DeKalb County in a manner determined by said Party. (c) One member appointed by the Board of Commissioners of DeKalb County. (d) One member appointed by the Board of Education of DeKalb County. (e) One member selected by the Chamber of Commerce of DeKalb County in a manner determined by said organization. (f) One member selected by the DeKalb County Municipal Association in a manner determined by said Association. (g) One member appointed by the Democratic members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County. (h) One member appointed by the Republican members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County.

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(i) One member appointed by the Democratic members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County. (j) One member appointed by the Republican members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County. Be it further resolved that said Committee shall make a study and investigation of the utilization of personnel employed by DeKalb County under the CETA program in an effort to insure that such personnel are utilized in the most effective, economical and efficient manner practicable. Be it further resolved that the Committee shall hold its organizational meeting by not later than May 1, 1977, at the call of the chairperson of the House delegation from DeKalb County or her designee, and such person will serve as temporary chairperson until the permanent officers have been elected. At said organizational meeting, the Committee shall elect from its own membership a chairperson and such other officers as it deems necessary or appropriate. Be it further resolved that the members of the Committee shall serve without compensation or allowances and shall be authorized to meet such number of days as it deems necessary. The Committee shall make a report of its findings and recommendations by not later than December 31, 1977, on which date it shall stand abolished. Approved March 30, 1977. JOHN C. BARROW BRIDGE DESIGNATED. No. 30 (House Resolution No. 231-872). A Resolution. Designating the John C. Barrow Bridge; and for other purposes.

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Whereas, the Honorable John C. Barrow was born on January 8, 1911, in West Point, Georgia; and Whereas, he attended schools in West Point and received degrees in industrial engineering and electrical engineering from Auburn University; and Whereas, he has owned and operated a filling station, an electrical appliance business and an insurance and real estate business in West Point; and Whereas, he served with distinction, dedication and ability as a member of the board of aldermen of the City of West Point from October, 1940, through December, 1944, and from 1952 to 1954; and as Mayor of the City of West Point from 1955 through 1956, and from 1965 through the present; and Whereas, he has gained the respect of the citizens of West Point and the State of Georgia for his many contributions to the political, civic, social and religious life of West Point, having been a Rotarian for 41 years, a scout master, a scout committeeman in the Chattahoochee Valley Region, a member of the Presbyterian Church, where he has served on the board of elders; and Whereas, he has served as a district official of the Georgia Municipal Association for many years and served as president of the Georgia Municipal Association from December, 1973, through June, 1975; and Whereas, he is the devoted husband of Mrs. Catherine Wallace Barrow and the father of an outstanding son, Mr. John C. Barrow, Jr.; and Whereas, he has worked for many years to develop the economy of the City of West Point; and Whereas, he has worked diligently since 1952 toward getting a bridge built across the Chattahoochee River at West Point; and

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Whereas, this bridge is now being built across the Chattahoochee River on U. S. Highway 29; and Whereas, it is only fitting and proper that the Honorable John C. Barrow be properly recognized and honored for his many years of dedicated public service. Now, therefore, be it resolved by the General Assembly of Georgia that the new U. S. Highway 29 bridge across the Chattahoochee River at West Point, Georgia, is hereby name and designated the John C. Barrow Bridge. Be it further resolved that the Department of Transportation is hereby authorized an directed to erect appropriate signs on the approaches to said bridge, designating said bridge as the John C. Barrow Bridge. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to the Honorable John C. Barrow and to the Commissioner of the State Department of Transportation. Approved March 30, 1977. DEKALB COUNTY GOVERNMENT STUDY COMMITTEE CREATED. No. 36 (Senate Resolution No. 97). A Resolution. Creating the DeKalb County Government Study Committee; and for other purposes. Whereas, it has been over 20 years since there has been any substantial change in the structure of the DeKalb County government; and

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Whereas, the county has experienced great growth in population and in governmental demands during such period of time; and Whereas, there is considerable controversy relative to the appropriate authority and responsibility of the branches of the DeKalb County government; and Whereas, the threat of annexation of additional portions of unincorporated DeKalb County is of growing concern to the citizens of said county; and Whereas, a citizens' committee should study and make recommendations relative to the government of DeKalb County. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the DeKalb County Government Study Committee to be composed of twelve citizens of DeKalb County who shall hold no public office or position of public employment and who shall be selected as follows: (a) Three members shall be appointed by a majority vote of the Republican members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County. (b) Three members shall be appointed by a majority vote of the Republican members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County. (c) Three members shall be appointed by a majority vote of the Democratic members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County. (d) Three members shall be appointed by a majority vote of the Democratic members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County.

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Be it further resolved that all members of the Committee shall be appointed by not later than April 15, 1977, and shall hold their organizational meeting on May 2, 1977, at which time the Committee shall elect from its own membership a Chairman and such other officers as the Committee deems necessary or desirable. Except as provided herein, the Committee shall be authorized to adopt its own rules of procedure and shall meet at such times and at such places as the Committee shall determine. Be it further resolved that agencies of the DeKalb County government and agencies of the State government shall cooperate with and assist the Committee in carrying out its duties. Be it further resolved that the Committee shall be authorized to study any matters relative to the DeKalb County government and relative to the improvement of such government to effectively represent the people of said county and to efficiently and effectively deliver governmental services to the people of said county, including but not limited to, any one or more of the following factors: (a) Governmental structure, particularly as it relates to executive and legislative powers, and whether such powers should be separated. (b) Partisan elections as opposed to nonpartisan elections. (c) The number of members of the County Commission. (d) District elections as opposed to countywide elections and combinations thereof. (e) Terms of office. (f) The compensation of members of the governing authority of the county. (g) The impact of annexation of unincorporated DeKalb by existing municipalities.

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(h) The City of DeKalb concept. (i) The county manager concept. Be it further resolved that the Committee shall hold at least one public hearing within each Senatorial District of DeKalb County in connection with carrying out its duties under this Resolution. Be it further resolved that the members of the Committee shall serve without compensation from public funds and shall not be reimbursed from public funds for expenses incurred by them in carrying out their duties under this Resolution. Be it further resolved that the Committee shall submit a report of its findings and recommendations to the members of the General Assembly whose Senatorial or Representative Districts lie wholly or partially within DeKalb County and to other interested officials and persons by December 1, 1977, on which date the Committee shall stand abolished. Approved March 30, 1977. DEKALB COUNTY BOARD OF EDUCATION STUDY COMMITTEE CREATED. No. 37 (Senate Resolution No. 104). A Resolution. Creating the DeKalb County Board of Education Study Committee; and for other purposes. Whereas, efforts have been made during recent years to restructure the DeKalb County Board of Education; and Whereas, the Board of Education has experienced great growth in school age population and in the demands on the county school system during the last 20 years; and Whereas, the present school board districts are greatly malapportioned as reflected by the United States Decennial Census of 1970; and

Page 4536

Whereas, the present method of election of all school board members is countywide; and Whereas, the Chairman of the DeKalb County Board of Education has requested that a citizens' study committee be appointed to look into this matter; and Whereas, the next election for members of the Board of Education will not be held until the fall of 1978 and adequate time exists to complete a study of matters relative to the Board so that the General Assembly may consider recommendations at the 1978 session; and Whereas, a citizens' committee should study and make recommendations relative to the Board of Education of DeKalb County. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the DeKalb County Board of Education Study Committee to be composed of twelve citizens of DeKalb County who shall hold no public office or position of public employment and who shall be selected as follows: (a) Three members shall be appointed by a majority vote of the Republican members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County. (b) Three members shall be appointed by a majority vote of the Republican members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County. (c) Three members shall be appointed by a majority vote of the Democratic members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County. (d) Three members shall be appointed by a majority vote of the Democratic members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County.

Page 4537

Be it further resolved that all members of the Committee shall be appointed by not later than April 15, 1977, and shall hold their organizational meeting on May 2, 1977, at which time the Committee shall elect from its own membership a Chairman and such other officers as the Committee deems necessary or desirable. Except as provided herein, the Committee shall be authorized to adopt its own rules of procedure and shall meet at such times and at such places as the Committee shall determine. Be it further resolved that the DeKalb County Board of Education, the DeKalb County Superintendent of Schools and agencies of the State government shall cooperate with and assist the Committee in carrying out its duties. Be it further resolved that the DeKalb County Board authorized to study any matters relative to the Board of Education of DeKalb County, including but not limited to, any one or more of the following factors: (a) Partisan elections as opposed to nonpartisan elections. (b) The number of members of the Board of Education. (c) District elections as opposed to countywide elections and combinations thereof. (d) Terms of office. (e) The compensation of members of the Board of Education. (f) The relationship of school attendance zones to the method of electing school board members. Be it further resolved that the Committee shall hold at least one public hearing within each Senatorial District of DeKalb County in connection with carrying out its duties under this Resolution. Be it further resolved that the members of the Committee shall serve without compensation from public funds and shall not be reimbursed from public funds for expenses

Page 4538

incurred by them in carrying out their duties under this Resolution. Be it further resolved that the Committee shall submit a report of its finding and recommendations to the members of the General Assembly whose Senatorial or Representative Districts lie wholly or partially within DeKalb County and to other interested officials and persons by December 1, 1977, on which date the Committee shall stand abolished. Approved March 30, 1977. COMPENSATION TO MILDRED C. HOBBS AUTHORIZED. No. 38 (House Resolution No. 12-58). A Resolution. Compensating Mrs. Mildred C. Hobbs; and for other purposes. Whereas, Mrs. Mildred C. Hobbs is the widow of W. E. Hobbs; and Whereas, on or about July 9, 1967, W. E. Hobbs, while employed as a wildlife ranger by the State Game and Fish Commission, received a gunshot wound while engaged in the course of his employment; and Whereas, on or about July 21, 1967, as a result of said gunshot wound, W. E. Hobbs died of the injuries received on July 9; and Whereas, subsequent to W. E. Hobbs' death, workmen's compensation benefits were denied to his widow, Mrs. Mildred C. Hobbs, upon the erroneous conclusion that his death did not result from an occurrence which arose out of and in the course of his employment with the State Game and Fish Commission; and Whereas, Mrs. Mildred C. Hobbs should have been entitled to workmen's compensation benefits amounting to $13,750.35.

Page 4539

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 $13,750.35 to Mrs. Mildred C. Hobbs 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 5, 1977. COMPENSATION TO MR. AND MRS. LUTHER DWAIN FREE AUTHORIZED. No. 39 (House Resolution No. 18-60). A Resolution. Compensating Mr. and Mrs. Luther Dwain Free for the death of their daughter, Judy Diane Free; and for other purposes. Whereas, Judy Diane Free, the three-year-old daughter and only child of Mr. and Mrs. Luther Dwain Free, was riding in the car with her mother on State Highway 106 about one mile from Ila, Georgia, at approximately 3:00 p.m. on March 16, 1976; and Whereas, a dead tree fell on the car in which Mrs. Free and her daughter were riding, killing July Diane Free and rendering the car, a 1969 Chevrolet Chevelle Malibu, a total loss; and Whereas, the total loss to Mr. and Mrs. Luther Dwain Free due to the loss of their daughter and the destruction of their car amounts to $15,950; and Whereas, the tree which fell had been growing upon the right-of-way of the State Department of Transportation; and Whereas, the loss occurred through no fault or negligence

Page 4540

on the part of Mr. or Mrs. Luther Dawin Free, and it is only fitting and proper that they be reimbursed for their loss. Now, therefor, be it resolved by the General Assembly of Georgia that the Department of Transportation is hereby authorized and directed to pay the sum of $15,000 to Mr. and Mrs. Luther Dwain Free 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 5, 1977. COMPENSATION TO DR. JOHN V. ALIFF AUTHORIZED. No. 40 (House Resolution No. 31-153). A Resolution Compensating Dr. John V. Aliff; and for other purposes. Whereas, on or about September 28, 1976, an aircraft belonging to the Georgia Forestry Commission and secured at the Baldwin County Airport broke loose from its moorings during a thunderstorm and damaged an aircraft owned by Dr. John V. Aliff; and Whereas, if the aircraft belonging to the Georgia Forestry Commission had been secured properly, such accident would not have occurred; and Whereas, the estimated cost to repair the aircraft is $505.38; and Whereas, the aircraft of Dr. Aliff was damaged through no fault on his part, and it is only fitting and proper that he be compensated for his damages. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay the sum of $465.38 to Dr. John V. Aliff as compensation as provided above. Said sum shall be paid from funds appropriated to or available

Page 4541

to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 5, 1977. COMPENSATION TO CYNTHIA LORRAINE FLOWERS AUTHORIZED. No. 41 (House Resolution No. 52-242). A Resolution. To compensate Miss Cynthia Lorraine Flowers; and for other powers. Whereas, Miss Cynthia Lorraine Flowers sustained severe injuries as a result of her automobile plunging down a ravine approximately 500 feet in depth on or about August 4, 1973; and Whereas, the accident occurred because the highway had previously been damaged by landslides; and Whereas, the Department of Transportation had not posted any warning signs in the area, and no guardrail was located at the point where Miss Flower's vehicle left the highway; and Whereas, the State Department of Transportation should have closed the highway because of the dangerous and unsafe conditions which existed on Georgia Highway No. 282; or, at the very minimum, the State Department of Transportation should have posted signs warning motorists of the dangerous and unsafe conditions; and Whereas, it is only fitting and proper that Miss Flowers be compensated for her out-of-pocket medical expenses. 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 $3,014.41 to Miss Cynthia Lorraine Flowers as compensation for out-of-pocket medical expenses as provided above. Said sum shall be paid from funds appropriated to or

Page 4542

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 5, 1977. COMPENSATION TO JESSE CARTER AUTHORIZED. No. 42 (House Resolution No. 84-370). A Resolution. Compensating Mr. Jesse Carter; and for other purposes. Whereas, on Tuesday, November 9, 1976, Mr. Jesse Carter was driving his 1966 Rambler sedan along State Route 26 in the City of Thunderbolt, Georgia; and Whereas, the Wilmington River Bridge, a drawbridge, had previously been raised and, upon being lowered, had not reset properly; and Whereas, Mr. Carter, through no fault or negligence on his part, ran into the partially raised drawbridge, demolishing his automobile and causing extensive damage to his boat and trailer; and Whereas, Mr. Carter also suffered personal injuries as a result of said accident; and Whereas, said drawbridge is operated and maintained by the State Department of Transportation; and Whereas, said accident resulted in total damages and personal injury to Mr. Carter in the amount of $2,374.56. 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 $2,374.56 to Mr. Jesse Carter as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 5, 1977.

Page 4543

COMPENSATION TO JACOB A. AND MRS. LENOY W. BENTLEY AUTHORIZED. No. 43 (House Resolution No. 92-409). A Resolution. Compensating Mr. Jacob A. and Mrs. Lenoy W. Bentley; and for other purposes. Whereas, during 1966 and 1967 the State Department of Transportation, through a contractor, constructed and paved Project FAS-2147 in Lincoln County, Georgia, pursuant to plans and specifications of the State Department of Transportation; and Whereas, in the construction of the roadbed, plans did not call for a cross drainpipe but such pipe was later installed after digging out the roadbed, but was not set low enough to permit the discharge of water resulting in the holding of water to a depth of about 2 to 3 feet on property belonging to Mr. Jacob A. and Mrs. Lenoy W. Bentley; and Whereas, this impounding of water is further compounded by the construction of a dike along the bank of Soap Creek by the Department of Transportation; and Whereas, the construction and design of this roadbed has caused water to stand over approximately 23 acres of land belonging to Mr. Jacob A. and Mrs. Lenoy W. Bentley, resulting in property damage in the amount of $4,000.00. 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 $4,000.00 to Mr. Jacob A. and Mrs. Lenoy W. Bentley 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 5, 1977.

Page 4544

COMPENSATION TO ALBERT T. SMALLEY AUTHORIZED. No. 44 (House Resolution No. 93-409). A Resolution. Compensating Mr. Albert T. Smalley; and for other purposes. Whereas, on October 29, 1976, Mr. Albert T. Smalley was proceeding through Lincoln County along a State route in his 1968 Chevrolet automobile; and Whereas, while so proceeding Mr. Smalley's automobile was struck by a rock thrown by the action of a bush-hog machine under the control of the Department of Transportation and operated by one of its employees; and Whereas, Mr. Smalley's automobile sustained damage in the amount of $25.00 when the rock so thrown broke the left rear door glass of the automobile; and Whereas, the said incident occurred through no fault or negligence on the part of Albert T. Smalley, 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 Transportation is hereby authorized and directed to pay the sum of $25.00 to Mr. Albert T. Smalley as compensation for his loss as stated in this Resolution. Said sum shall be paid from funds appropriated to or available to the Department of Transportation and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 5, 1977. COMPENSATION TO DENNIS M. COX AUTHORIZED. No. 45 (House Resolution No. 119-513). A Resolution. Compensating Mr. Dennis M. Cox; and for other purposes. Whereas, on August 27, 1974, two patients escaped from

Page 4545

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 $250.00 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 5, 1977. COMPENSATION TO E. T. DICK FULLER AUTHORIZED. No. 46 (House Resolution No. 132-570). A Resolution. Compensating Mr. S. T. Dick Fuller; and for other purposes. Whereas, on March 23, 1974, a field adjacent to property belonging to Mr. E. T. Dick Fuller of Route 2, Abbeville, Georgia, caught fire; and Whereas, the Wilcox County Unit of the Georgia Forestry

Page 4546

Commission, while attempting to contain the fire, cut Mr. Fuller's fence down to plow around the fire, but did not advise Mr. Fuller that his fence had been torn down; and Whereas, as a result of the removal of the fence, 25 horses belonging to Mr. Fuller escaped from the field, and five of such horses valued at $200.00 each have never been recaptured; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Fuller, so it is only fitting and proper that he be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay the sum of $1,000.00 to Mr. E. T. Dick Fuller 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 5, 1977. COMPENSATION TO GWENDOLYN A. MORGAN AUTHORIZED. No. 47 (House Resolution No. 187-714). A Resolution. Compensating Ms. Gwendolyn A. Morgan; and for other purposes. Whereas, on July 18, 1974, an employee of Fort Valley State College was attempting to erect an apparatus for the purpose of a class demonstration in the Isaac Miller Science Building; and Whereas, the apparatus fell and struck Ms. Gwendolyn A. Morgan on the head; and Whereas, Ms. Morgan suffered personal injuries for which she did not receive insurance in the amount of $638.00; and

Page 4547

Whereas, the accident occurred through no fault or negligence on the part of Ms. Morgan, so it is only fitting and proper that she be reimbursed for her loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $500.00 to Ms. Gwendolyn A. Morgan 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 5, 1977. COMPENSATION TO ROPER DAVID AUTHORIZED. No. 49 (House Resolution No. 196-774). A Resolution. Compensating Mr. Roper David; and for other purposes. Whereas, on Monday February 9, 1976, three Physical Plant employees of the University of Georgia were coating metal roofs on two single-story chicken houses with asphalt base with asbestos fiber and aluminum pigment coating; and Whereas, said coating was ignited by a gas poultry heater, resulting in a flash fire which destroyed the chicken houses; and Whereas, Mr. Roper David had parked his 1965 Ford near said chicken houses on the campus of the University of Georgia in Athens prior to such fire; and Whereas, such fire resulted in damage to the paint on Mr. David's car in the amount of $123.00; and Whereas, said accident occurred through no fault or negligence on the part of Mr. David, 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

Page 4548

pay the sum of $123.00 to Mr. Roper David 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 5, 1977. COMPENSATION TO ROBERT L. ABLES AUTHORIZED. No. 85 (House Resolution No. 215-836). A Resolution. Compensating Mr. Robert L. Ables; and for other purposes. Whereas, on Thursday, October 7, 1976, Mrs. Mildred E. Ables was driving a 1976 Chevrolet Monte Carlo belonging to her husband, Mr. Robert L. Ables, along U. S. Highway 129, approximately 6,000 feet South of Turner's Corner in Lumpkin County; and Whereas, upon rounding a curve Mrs. Ables saw, but was unable to avoid hitting, a large oak tree which had fallen across the road; and Whereas, the resulting collision completely demolished the car through no fault or negligence on the part of Mrs. Ables; and Whereas, said accident resulted in damages in the amount of $825, which have not been compensated by insurance. 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 $825 to Mr. Robert L. Ables 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 8, 1977.

Page 4549

ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES

Page 4550

COBB COUNTYCOBB COUNTY CIVIL SERVICE SYSTEM ACT. A Resolution. Whereas, Article XV, Section II of the 1945 Constitution of the State of Georgia to which an amendment was ratified and a 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 counties' governing authority may amend or repeal 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 organ once a week for three weeks within a period of sixty (60) 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 purposes of examination and inspection by the public, and Whereas, the governing authority of Cobb County has deemed it to be in the best interest of the officers and employees of Cobb County, as well as the proper administration of the County government, that an act creating the Cobb County Civil Service System (Ga. L. 1964, p. 2502, as amended; Ga. L. 1969, p. 2228) so as to provide for compensation of all members of the Civil Service Board; so as to provide additional members to the Civil Service Board from three to five and prescribe the terms of such office so as to provide a designated monthly

Page 4551

meeting; so as to provide rules and regulations and define the duties of the Civil Service Board; to provide for exceptions to rules and regulations by contract by and between governing authorities, municipalities and other political subdivisions; so as to provide a method for changing the rules and regulations of the Civil Service System by the governing authority of Cobb County; so as to provide a monthly meeting of the Civil Service Board; so as to provide procedures and methods of appeal; so as to provide methods to change the Civil Service rules and regulations; so as to repeal conflicting laws; and for other purposes, and Whereas, in order to accomplish this purpose, it is necessary for the local act creating Cobb County Civil Service System known as Ga. L. 1964, p. 2502, as amended by Ga. Lw. 1969, p. 2228; Now, therefore, be it resolved by the Board of Commissioners of Cobb County, Georgia by the authority conveyed to it by the Constitution of the State of Georgia said Ga. L. 1964, p. 2502, as amended by Ga. L. 1969, p. 2228, being the same as hereby amended as follows: Section 1. By striking section 3 of said Act and substituting in lieu thereof the following: There is hereby created and established the Cobb County Civil Service Board which shall consist of five (5) members who shall have been residents of Cobb County for two (2) years or more, and who shall hold no other elective or appointed public office, either federal, state, county or municipal. The present members of the Civil Service Board who are serving at the adoption of this amendment shall serve the remainder of their term and until their successor shall be duly appointed as provided herein and shall constitute post number 1, 2 and 3 as presently designated. The governing authority shall appoint members for post number 4 and 5 for original term of 1 and 2 years respectively. Upon the expiration of terms of post number 3 and 4

Page 4552

the governing authority shall appoint the successor for a term of four years. Upon the expiration of term of the person holding post number 1 and 5, the successor and all subsequent successors shall serve for terms of four years and shall be filled by secret ballot election by all the employees of Cobb County who are at that time under the Civil Service System of Cobb County. Any person desiring to appear as a candidate on the ballot for such election shall announce his candidacy in writing to the Chairman of the Cobb County Board of Commissioners at least three weeks prior to the election which shall be held two weeks prior to the expiration of the term of the post subject to election. The Chairman of the Cobb County Board of Commissioners shall cause notice of such candidacy to be given to all Department Heads who shall post such notice in a conspicuous place for examination by all department employees. The election shall be administered by the Chairman of the Cobb County Board of Commissioners or his designee. The ballot shall provide voters a choice to reject the entire slate of candidates appearing on the ballot. A voter may vote affirmatively in favor of an individual or he may reject the entire slate, but he may not do both. If no person receives a majority of votes cast, then a new or run-off election shall be immediately called. Notice of the time, date and place of the new or run-off election together with candidacies shall be given in the manner above provided. Upon the expiration of the term of the person holding post number 2, the successor and all subsequent successors shall serve for terms of four years each and shall be appointed by majority vote of the persons holding post numbers 1, 3, 4 and 5. A quorum for the purposes of this vote shall be three members. The Chairman of the Cobb County Board of Commissioners shall cast a vote in the event of a deadlock. All vacancies occurring in any post herein provided for shall be filled in the same manner as was the appointment of a member of the post in which the vacancy occurred.

Page 4553

Any member of the board shall be subject to reappointment. No member of said Civil Service Board shall have held political office or have been a salaried employee of Cobb County during the six-month period next preceding his appointment. No member of said Civil Service Board may be removed prior to the expiration of his term except for cause after having been granted a notice and afforded a hearing before the governing authority of said county. Prior to said hearing said members shall be served personally or by registered or certified mail addressed to his residence as shown in the files of said governing authority at least ten (10) days before the date set for hearing with written specification of charges against him. The five members of said Civil Service Board shall designate one of their number as Chairman and another as Vice-Chairman. Members of said Civil Service Board shall be paid a sum of $150.00 per month. Section 2. By striking the last sentence of section 4 which provides: Said Board shall hold regular meetings at least once a month, and may hold additional meetings as may be required for the proper discharge of its duties. and substituting in lieu thereof the following: Said Board shall hold a regular monthly meeting at 7:00 p.m. on the third Tuesday of each and every month at a place designated by the Civil Service Board, and may hold additional meetings as may be required by the proper discharge of its duties. Section 3. Subparagraph (b) of section 6 of said act is amended by adding thereto the following: (b) In conducting hearings and rendering decisions, the Board shall determine whether the appointing authority, department head or person whose action is being appealed had authority to exercise such action and did exercise such action within the rules and regulations of

Page 4554

the Civil Service System. If so found, the Board shall affirm the action of the appointing authority, department head or person. In the event that the Board finds that the action appealed is contrary to the rules and regulations of the Civil Service Board, the Board shall reverse such an action. The Board shall not modify the terms and conditions of said action of the person, appointing authority or department head but may in its order of affirmance or reversal make recommendations of disposition which shall have persuasive force only. In addition the Board may recommend amendments to the rules and regulations of the Civil Service System to the governing authority so as to carry forth the purposes of such recommended disposition, and when such rules and regulations have been approved and adopted by the governing authority of Cobb County, they shall have the force of law and binding upon all departments and officers of the County then and thereafter coming under the jurisdiction of the Civil Service Board. Section 4. Section 6 of said Act is amended by adding thereto a new subparagraph as follows: (e) The governing authority of Cobb County may be resolution direct the Civil Service Board to study proposed changes in the Civil Service rules and regulations as a governing authority may in its resolution define and the Civil Service Board shall undertake to study said proposed changes in the Civil Service rules and regulations. Within 45 days after adoption of said resolution, unless said time is further extended by an action of the governing authority of Cobb County, the Board shall recommend to the Board of Commissioners to pass or not to pass the proposed changes of the rules and regulations of the Civil Service Board. Upon receipt of recommendations of the Civil Service Board or upon expiration of time provided without a recommendation of the Civil Service Board, the governing authority at its regular meeting may adopt, modify or reject the proposed amendments to the rules and regulations of the Civil Service System, and upon adoption, the rules and regulations shall be amended as adopting resolutions shall provide.

Page 4555

Section 5. Section 6 is hereby amended by adding thereto a new subsection as follows: (f) The Board shall have no authority to review or pass upon the budget or proposed budget of Cobb County as all fiscal affairs are reserved to the discretion of the governing authorities of Cobb County. Section 6. Said Act is further amended by adding thereto a new section as follows: Section 12. The governing authorities by resolution provide for exceptions under the Civil Service Rules and Regulations so to provide for employees coming into the Cobb County Civil Service System from other municipalities, political subdivisions, or other governmental agencies which functions are consolidated by contract authorized under Article VII, Section VI, paragraph 1 of the Constitution of the State of Georgia (Ga. Code Ann. 2-5901) as such contract may provide as to eligibility and seniority of such employee provided, however, that such employee shall be subject to any and all other rules and regulations under the Civil Service System applicable to him as a member of the Civil Service System. Section 7. Section 8 of said Act is amended by adding thereto a new sentence as follows: Any person holding a position under the Civil Service System who holds or is elected to public office or who runs or announces his candidacy for public office must resign his position held under the Civil Service System and in the event he fails to do so shall be dismissed from such position as provided in sections 3 and 7 hereof. Section 8. All laws and parts of laws in conflict with this resolution are hereby repealed. Georgia, Cobb County. Personally appeared before the undersigned attesting

Page 4556

officer duly authorized by law to administer oaths, Lillian Sloan, who, after first being sworn, says as follows: That affiant has personal knowledge of the facts contained herein. The within and foregoing resolution, Cobb County-Civil Service System Act amendment is a true and correct copy of the amendment to the Cobb County Civil Service System Act amendment is a true and correct copy of the amendment to the Cobb County Civil Service System Act as said amendment was adopted by the Board of Commissioners on November 9, 1976 and as the same appears in the minutes of the Cobb County Board of Commissioners. The within and foregoing copies of motions and resolutions of the Cobb County Board of Commissioners, dated October 26, 1976 and November 9, 1976 are true and correct extracts taken from the minutes of the Cobb County Board of Commissioners of said dates. Affiant is the custodian of all records and minutes of the Cobb County Board of Commissioners. This 28th day of December, 1976. /s/ Lillian Sloan Sworn to and subscribed before me, this 28th day of December, 1976. /s/ Martha E. Brothers Notary Public, Georgia, State at Large. My Commission expires Sept. 14, 1979. Exhibit A Public Notice. Notice is hereby given that the Board of Commissioners of Cobb County at its regular meetings on October 26, 1976 and November 9, 1976, will present a resolution and

Page 4557

ordinance to amend that act creating the Cobb County Civil Service System known as Georgia Laws 1964, p. 2502 as amended by Georgia Laws 1969, p. 2228 to provide revisions in such act as will facilitate the proper administration of the County Government of Cobb County which is in the best interest of the officers and employees of Cobb County as well as the residents of said County. The public is hereby notified that in order to carry out the provision of the resolution and ordinance to amend the above act it is necessary for the Board of Commissioners to adopt the resolution at two consecutive meetings held not less than seven nor more than sixty days apart which resolution and ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted by Article XV, Section II of the 1945 Constitution of the State of Georgia. The public is hereby further notified that said resolution and ordinances provides: For the compensation of all members of the Civil Service Board; for additional members to the Civil Service Board from three to five and prescribes the terms and methods of appointment of such office; for a designated monthly meeting; for rules and regulations and define the duties of the Civil Service Board; for exceptions to rules and regulations by contract by and between governing authorities, municipalities and other political subdivisions; for a monthly meeting of the Civil Services Board; for procedures and methods of appeal; for methods to change the Civil Serfvice rules and regulations, laws or ordinances; for prohibition upon members of the Civil Service Board for running for public office; for repealing conflicting laws; and for other purposes. The public is further notified that a copy of the proposed resolution and ordinance has been filed with the Clerk, Cobb County Superior Court, Cobb County Courthouse,

Page 4558

Marietta, Georgia for public examination and inspection. This 28th day of September, 1976. Ernest W. Barrett, Chairman Board of Commissioners Cobb County, Georgia Georgia, Cobb County. Personally appeared before the undersigned attesting officer duly authorized by law to administer oaths, Billie M. Foster, who after first being sworn deposes and says as follows. Affiant has personal knowledge of the facts contained herein. The public notice, a copy of which is attached hereto and made a part hereof by express reference, was duly published in the Marietta Daily Journal on the following dates: October 1, 1976; October 8, 1976; October 15, 1976. The Marietta Daily Journal is the official organ for the publishing of legal advertisements and notices within and for Cobb County, Georgia. This 23rd day of November, 1976. /s/ Billie M. Foster Sworn to and subscribed before me, this 23rd day of November, 1976. /s/ Martha E. Brothers Notary Public, Georgia, State at Large. My Commission expires Sept. 14, 1979. Filed in office of Secretary of State December 29, 1976.

Page 4559

RICHMOND COUNTYBOARD OF COMMISSIONERSBOND REQUIRED. An Ordinance. An Ordinance of the Board of Commissioners of Richmond County, Georgia, to amend an Act entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324) as amended, particularlly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), so as to provide for a bond for members of the Richmond County Board of Commissioners; and for other purposes. Be it Ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The Act of the General Assembly of Georgia entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes. approved August 19, 1971 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931 (Ga. L. 1931, p. 555), is hereby amended by adding immediately after section 1 a new section, to be known as section 1(A), to read as follows: Section 1(A). Before entering upon the discharge of their duties, each member of the Board of Commissioners shall take an oath before the Judge of the Superior Court or Probate Judge of said County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, each member of the Board of Commissioners shall further give a satisfactory surety bond to be approved by the Probate Judge of the County and payable to the Probate Judge or his successors in office and filed in the office of the Probate Jundge, in the sum of Ten Thousand ($10,000.00) Dollars, conditioned upon the faithful performance of the duties of the office, which bond, when

Page 4560

approved by said Probate Judge, shall be by him recorded in the record of official bonds kept by him in his office. The premiums due on all such bonds shall be paid by the County fiscal authorities out of the County treasury. Section 2. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia, providing for Home Rule for Counties, which appears in Ga. L. 1965, p. 752 et seq. in which established section II-A of the Article XV of the Constitution of the State of Georgia. Section 3. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed. Section 4. This ordinance shall become effective January 1, 1977. Adopted the 7th and 21st days of December, 1976. /s/ Edward M. McIntyre Chairman, Board of Commissioners of Richmond County, Georgia. Attest: /s/ J. Lester Newsome Clerk, Board of Commissioners of Richmond County, Georgia. 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: December 7th and 21st, 1976. This 21st day of December, 1976. /s/ J. Lester Newsome

Page 4561

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 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 a notice of a Resolution to amend the Act entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes, was duly published once a week for three weeks, as required by law: Said dates of publication being November 26, December 3, 1976. /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 14th day of December, 1976: /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission expires Feb. 19, 1977. Public Notice. The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meetings on December 7th and December 21st, 1976, a Resolution to amend the Act creating the Board of Commissioners for Roads and Revenues for the County of Richmond as approved August 19, 1907, (Ga. L. 1907, p. 324), as amended particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555).

Page 4562

The public is hereby further notified that it is necessary for said Resolution to be advertised once a week for three weeks prior to its final adoption and that it is necessary for the Board of Commissioners to adopt said Resolution at two consecutive meetings held not less nor more than sixty days apart, which Resolution specifically states the changes to be made in the original Act, the Authority to amend the original Act having been granted by Article XV, Section 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 that each member of the Board of Commissioners shall give a satisfactory surety bond approved by the Probate Judge and payable to the Probate Judge in the sum of Ten Thousand ($10,000.00) Dollars, conditioned upon the faithful performance of the duties of the office, and the premiums for said bond shall be paid out of the County treasury. 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 of Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public. This 23rd day of November, 1976. Robert C. Daniel, Jr. County Attorney Richmond County, Georgia Filed in office of Secretary of State December 27, 1976.

Page 4563

WHITE COUNTYAPPOINTMENT OF BANKS AS DEPOSITORIES OF COUNTY FUNDS. A Resolution. The Board of Commissioners of White County, Georgia, held its regular meeting on January 6, 1976; and, as a part of the business conducted by them, there was a discussion concerning the appointment of a bank or banks as County Depository. Thereafter, pursuant to said discussion, the following Resolution was adopted: Resolved to designate a bank or banks within the County or outside the County as Depository, to be done by Resolution. This is to allow a change of Banks any time of the year if Commissioners so desire. And again at a regular-called meeting held at the Commissioner's Office in White County, Georgia, on the 20th day of January, 1976, the appointment of the County Depository was once more discussed; and the County Attorney was directed to furnish said Commissioners with the necessary Resolution and the procedure (under authority of the Home Rule for Counties as set out in Georgia Code section 2-8402 (b) (1) to properly amend the portion of the Georgia Laws 1968, pp. 3755-3756, section 1, which states that It shall be the duty of the commissioners of roads and revenues of White County on January 1 of each year to appoint a chartered bank or chartered banks, which are located and doing business in White County, as depository or depositories of all funds of White County., so that the portion of said law, as amended, shall read as follows: It shall be the duty of the Board of Commissioners of White County, Georgia, on January 1, or any other regular meeting day during any ensuing calendar year should said commissioners or a majority thereof so desire, to appoint, or change the appointment of, a chartered bank or chartered banks of their choice, which are located and doing business within the State of Georgia, as depository or depositories of all funds of White County, Georgia.;

Page 4564

And pursuant to said directive, the County Attorney did furnish said Commissioners with a proposed Resolution and procedure to amend that portion of said law as to the appointment of a Depository for the County funds; Thereupon, at this our regular meeting the 3rd day of Feb., 1976, upon motion made by Mr. Dean and seconded by Mr. Glover which was passed by the majority of said Commissioners, the following Resolution was adopted: Be it resolved that the portion of the Act entitled White County-County Depository, Georgia Laws 1968, pp. 3755-3756, section 1, which states: It shall be the duty of the commissioners of roads and revenues of White County on January 1 of each year to appoint a chartered bank or chartered banks, which are located and doing business in White County, as depository or depositories of all funds of White County.; be amended by striking the aforesaid portion of said section 1 and substituting in lieu thereof the following: It shall be the duty of the Board of Commissioners of White County, Georgia, on January 1, or any other regular meeting day during any ensuing calendar year should said commissioners or a majority thereof so desire, to appoint, or to change the appointment of, a chartered bank or chartered banks of their choice, which are located and doing business within the State of Georgia, as depository or depositories of all funds of White County, Georgia. Be it further resolved that a copy of said proposed amendment be filed with the Clerk of the Superior Court of White County, Georgia, for the purpose of examination and inspection by the public; that the Clerk of said Court be directed to furnish anyone, upon written request, with a copy of said proposed amendment; that proper notice containing a synopsis or copy of said proposed amendment, as well as notice that a copy of said proposed amendment is on file in the Office of the Clerk of the

Page 4565

Superior Court of White County, Georgia, for the purpose of examination and inspection by the public, be published in the White County News, the official county organ, once a week for three weeks within a period of sixty days immediately preceding the final adoption of said amendment; and that final adoption be made at the regular meeting of this board at the proper time. Adopted this 3rd day of February, 1976. Board of Commissioners of White County, Georgia /s/ Wilford Dean, Post I /s/ J.P. Glover Attest: /s/ Lois Nix Clerk (Seal). At the regular meeting of the Board of Commissioners of White County, Georgia, this 2nd day of March, 1976, the second reading of the Resolution adopted by this Board on the 3rd day of February, 1976, authorizing the amendment to Georgia Laws 1968, pp. 3755-3756, having been had, upon motion made by Mr. Dean and seconded by Mr. Glover, the following Resolution was adopted and passed by the majority of said commissioners: Be it resolved that the Resolution authorizing amendment to Georgia Laws 1968, pp. 3755-3756, duly adopted by the Board of Commissioners of White County, Georgia, on the 3rd day of February, 1976, is hereby adopted in toto, verbatim, to-wit: Be it resolved that the portion of the Act entitled `White County-County Depository,' Georgia Laws 1968, pp. 3755-3756, section 1, which states: `It shall be the duty of the commissioners of roads and revenues of White County on January 1 of each year to appoint a chartered bank or chartered banks, which are located and doing business in White County, as depository or depositories of all funds of White County.'; be amended by striking the aforesaid portion of said

Page 4566

section 1 and substituting in lieu thereof the following: `It shall be the duty of the Board of Commissioners of White County, Georgia, on January 1, or any other regular meeting day during any ensuing calendar year should said commissioners or a majority thereof so desire, to appoint, or to change the appointment of, a chartered bank or chartered banks of their choice, which are located and doing business within the State of Georgia, as depository or depositories of all funds of White County, Georgia.' Be it further resolved that a copy of said proposed amendment be filed with the Clerk of the Superior Court of White County, Georgia, for the purpose of examination and inspection by the public; that the Clerk of said Court be directed to furnish anyone, upon written request, with a copy of said proposed amendment; that proper notice containing a synopsis or copy of said proposed amendment, as well as notice that a copy of said proposed amendment is on file in the Office of the Clerk of the Superior Court of White County, Georgia, for the purpose of examination and inspection by the public, be published in the White County News, the official county organ, once a week for three weeks within a period of sixty days immediately preceding the final adoption of said amendment; and that final adoption be made at the regular meeting of this board at the proper time. Adopted this 2nd day of March, 1976. Board of Commissioners of White County, Georgia /s/ Wilford Dean /s/ J.P. Glover Attest: /s/ Lois Nix Clerk (Seal). At the regular meeting of the Board of Commissioners of White County, Georgia, this 4th day of May, 1976,

Page 4567

after having had the reading of the Resolutions adopted by this Board on February 3, 1976 and March 2, 1976, upon motion made by Mr. Dean and seconded by Mr. Glover, the following Resolution was adopted and passed by the majority of said Commissioners. Be it resolved that the Resolutions authorizing amendment to Georgia Laws 1968, pp. 3755-3756, duly adopted by the Board of Commissioners of White County, Georgia, on the 3rd day of February, 1976 and the 2nd day of March, 1976 is hereby adopted in toto, verbatim, to-wit: Be it resolved that the portion of the Act entitled `White County-County Depository,' Georgia Laws 1968, pp. 3755-3756, section 1, which states: `It shall be the duty of the commissioners of roads and revenues of White County on January 1 of each year to appoint a chartered bank or chartered banks, which are located and doing business in White County, as depository or depositories of all funds of White County.'; be amended by striking the aforesaid portion of said section 1 and substituting in lieu thereof the following: `It shall be the duty of the Board of Commissioners of White County, Georgia, on January 1, or any other regular meeting day during any ensuing calendar year should said commissioners or a majority thereof so desire, to appoint, or to change the appointment of, a chartered bank or chartered banks of their choice, which are located and doing business within the State of Georgia, as depository or depositories of all funds of White County, Georgia.' Be it further resolved that a copy of said proposed amendment be filed with the Clerk of the Superior Court of White County, Georgia, for the purpose of examination and inspection by the public; that the Clerk of said Court be directed to furnish anyone, upon written request, with a copy of said proposed amendment; that proper notice containing a synopsis or copy of said proposed amendment, as well as notice that a copy of said proposed amendment is on file in the Office of the Clerk of the Superior Court of White County, Georgia, for the purpose of examination and inspection by the public, be published in the White County News, the official county organ, once

Page 4568

a week for three weeks within a period of sixty days immediately preceding the final adoption of said amendment; and that final adoption be made at the regular meeting of this Board at the proper time. And be it further resolved that this Resolution is the Final adoption of said Amendment, a copy of same having been filed with the Clerk of the Superior Court of White County, Georgia, and proper notice having been published in the White County News in accordance with Paragraph 1 of the Home Rule for Counties; and that a copy of said Amendment, a copy of the required notice of publication, 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 in Paragraph 1 of the Home Rule for Counties has this day been filed with the Secretary of State by depositing same in the United States Mail in a properly addressed envelope with adequate postage thereon, all in accordance with Georgia Code 2-8402 et seq. Adopted this 4th day of May, 1976. Board of Commissioners of White County, Georgia /s/ Hailey Brady Chairman /s/ Wilford Dean, Post #1 /s/ J. P. Glover, Post #2 Attest: /s/ Lois Nix Clerk (Seal). Notice of the Intention to Amend Local Act of Legislation Under Home Rule Authority. Notice is hereby given that pursuant to the Home Rule Law for Counties as set out in Georgia Code section 2-8402 there have been two regular consecutive Resolutions

Page 4569

passed by the Board of Commissioners of White County, Georgia, to amend the Act of the Legislature, dated April 12, 1968, Georgia Laws 1968, pp. 3755-3756, section 1, so as to strike that portion of said section which states: It shall be the duty of the commissioners of roads and revenues of White County on January 1 of each year to appoint chartered bank or chartered banks, which are located and doing business in White County, as depository or depositories of all funds of White County., and substitute in lieu thereof the following: It shall be the duty of the Board of Commissioners of White County, Georgia, on January 1, or any other regular meeting day during any ensuing calendar year, should said commissioners or a majority thereof so desire, to appoint, or to change the appointment of, a chartered bank or chartered banks of their choice, which are located and doing business within the State of Georgia, as depository or depositories of all funds of White County, Georgia. Notice is further given that a copy of said Resolutions have been filed with the Clerk of the Superior Court of White County, Georgia, for the purpose of examination and inspection by the public upon written request. Final Adoption of said amendment shall be had on the 4th day of May, 1976. March 11, 18, 25 and April 1, 1976. Georgia, White County. Gwendolyn K. Cadora, personally appeared before the undersigned officer, authorized to administer oaths, and after being duly sworn, states that she is the Office Manager of the White County News, the official county organ of White County, Georgia, having a general circulation and place of business in said County; that a Notice of Intention to Amend Local Act of Legislation Under Home Rule Authority, in accordance with Resolutions of

Page 4570

the Board of Commissioners of White County, Georgia, has been published in said White County News as provided in Paragraph 1 of the Home Rule for Counties as set out in Georgia Code sections 2-8402; that a copy of said notice is attached hereto. This 23rd day of April, 1976. /s/ Gwendolyn K. Cadora Office Manager and a duly authorized agent of The White County News Sworn to and subscribed before me, this 23rd day of April, 1976. /s/ Louise Bowen Notary Public, Georgia, State at Large. My Commission expires Dec. 29, 1978. (Seal). Filed in office of Secretary of State May 5, 1976.

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CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

Page 4572

CITY OF ALBANYCHARTER AMENDEDPOLICE ARMS AND UNIFORMS. An Ordinance. An Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended amending the Charter of the City of Albany, Georgia, so as to change the provisions of section 23 respecting the furnishing of arms to police officers; repealing all laws and charter provisions or parts of laws or charter provisions in conflict; and for other purposes. Be it ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by authority of same: Section 1. Section 23 of the Charter of the City of Albany, Georgia, as amended, is further amended by striking and deleting the last sentence of said section, and ordaining in lieu thereof the following: The Board of City Commissioners shall cause the entire regular police force of the City to be armed and so uniformed as to be readily recognized by the public as police officers, the uniforms to be furnished at the expense of the City and shall remain the property of the City. Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive sessions, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 3. All charter provisions and laws or parts of charter provisions and laws in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Barbara Gerald Clerk Adopted: November 23, 1976. Adopted: December 14, 1976.

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December 20, 1976. I do solemnly certify that the above is a true and correct copy of Ordinance No. 76-217 adopted by the Board of Commissioners of the City of Albany, Georgia, for the first time on November 23, 1976, and for the second time on December 14, 1976. /s/ Barbara Gerald City Clerk (Seal). Legal Notice. Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend section 23 of the Charter of the City of Albany, Georgia, so as to change the provisions for the furnishing of arms to police officers. A copy of said ordinance is on file in the office of the Clerk of the City of Albany, Georgia, and a copy thereof is also on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinance is available at either of said places for the purpose of examination or inspection by the public. City of Albany By: James V. Davis City Attorney Georgia, County of Dougherty. Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county, Barbara Jones, who having been sworn, states that she is Business Manager for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for

Page 4574

Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: November 20, 27, December 4, 1976. /s/ Barbara Jones Sworn to and subscribed before me this 9th day of December, 1976. /s/ Lurline Black Notary Public. My Commission expires May 27, 1977. Filed in office of Secretary of State December 22, 1976. CITY OF ALBANYCHARTER AMENDEDUTILITY SERVICE DEPOSITS. An Ordinance. An Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the Charter of the City of Albany, Georgia so as to provide that the Board of Water, Gas and Light Commissioners may require of commercial customers cash deposits or surety bonds to secure payment of accounts; to authorize termination of utility services in the event of cancellation or termination of a surety bond and failure to make a cash deposit; repealing prior ordinances and charter provisions and parts of ordinances and charter provisions in conflict; and for other purposes. Be it ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same: Section 1. Section 26 of the Charter of the City of Albany, Georgia, as amended, is further amended by

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adding at the end of said section a new paragraph to be numbered paragraph (10) to read as follows: (10) Cash deposits and surety bonds. The Board of Water, Gas and Light Commissioners shall have the authority to require cash deposits or surety bonds of commercial customers in an amount sufficient in the judgment of said Board to secure payment of amounts which shall from time to time become due from such customers for electricity, water, gas, and other services, and to refuse service to any such customer failing to make any such cash deposit or surety bond when required. In the event any surety bond given by any such customer in lieu of a cash deposit shall expire or be terminated, or in the event any surety on any such bond shall give notice of the proposed termination of any such bond, the Board of Water, Gas and Light Commissioners shall have the right to require the customer to make a cash deposit in lieu of any such bond within such reasonable time, but not less than ten (10) days after notice to the customer, as the Board shall determine, and such deposit may be required either before or after termination or expiration of the bond, provided notice of termination of the bond has been given by the surety. The Board shall have authority to terminate all utility services being supplied to such customer at the premises in question if such cash deposit is not made as required, or another surety bond substituted in lieu thereof. Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive sessions, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965. Section 3. All ordinances and charter provisions and

Page 4576

parts of ordinances and charter provisions in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Barbara Gerald Clerk Adopted: March 9, 1976. Adopted: March 23, 1976. I do hereby certify that the above is a true and correct copy of Ordinance No. 76-109 adopted by the Board of Commissioners of the City of Albany, Georgia, on March 23, 1976. /s/ Barbara Gerald City Clerk Legal Notice. Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend section 26 of the Charter of the City of Albany, Georgia, so as to authorize the Board of Water, Gas Light Commissioners of the City of Albany to require cash deposits or surety bonds of all commercial customers to secure payment of accounts, and to refuse or to terminate service to such customers upon failure to comply, or upon expiration or termination or notice of termination of any surety bond so deposited. A copy of said ordinance is on file in the office of the Clerk of the City of Albany, Georgia, and a copy thereof is also on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinance

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is available at either of said places for the purpose of examination or inspection by the public. City of Albany, Georgia By: James V. Davis City Attorney Feb. 19, 26; March 4, 1976 Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county, Pauline Black who having been sworn, states that she is Secretary for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: February 19, 26; Mar. 4, 1976. /s/ Pauline Black Sworn to and subscribed before me this 26th day of March, 1976. /s/ Vivian C. Theel Notary Public. My Commission expires March 13, 1977. (Seal). Filed in office of Secretary of State March 31, 1976. CITY OF ATLANTACHARTER AMENDEDAPPROPRIATIONS COMMITTEE. An Ordinance. An Ordinance to amend Article VI, section 6-302 of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., as amended to expand the membership of the Appropriations

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Committee; to require the Mayor to submit annually to the Appropriations Committee a budget message and budget recommendations; to define the duties of the Appropriations Committee; and for other purposes. Be it ordained by the Council of the City of Atlanta, Georgia as follows: Section 1. That Article VI of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., as amended) is hereby amended by striking section 6-302 in its entirety, and substituting in lieu thereof a new section 6-302, which shall read as follows: Section 6-302Creation of Appropriations Committee (a) There is hereby created an Appropriations Committee consisting of the Mayor and the Chairperson and the members of the Finance Committee or the equivalent committee of the Council of the City of Atlanta. The Chief Administrative Officer, Commissioner of Finance, and the Commissioner of Department of Budget and Planning shall be non-voting members. (b) Submission by the Mayor. The Mayor on or before November 1 of each year shall submit to the Council a budget message and budget recommendations in such form and manner as may be prescribed by ordinance. Said recommendations shall provide for funds necessary to operate the various departments and agencies of the City for the ensuing year. Said submission shall be referred to the Appropriations Committee for consideration and recommendation. (c) Duties of Appropriations Committee The Appropriations Committee shall: (1) Review the recommendations made by the Mayor and interview departments of the City if necessary; (2) Prepare a proposed annual budget for the City of Atlanta;

Page 4579

(3) Provide an opportunity for the public and interested citizens' groups to be heard during the budget preparation process; (4) Submit proposed annual budget to the Council and to each member of the Council not later than the third Monday in January. Section 2. A copy of this proposed amendment to 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 Clerk of the Superior Courts of Fulton County and DeKalb County and that Notice of proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by City Council Nov. 1, 1976. A true copy /s/ Jessy C. Bearden Deputy Clerk of Council. Exhibit A Notice of Proposed Ordinance to Amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, et seq., as amended) To Modify the Membership of the Appropriations Committee; to Establish Procedures to be followed

Page 4580

by the Mayor, the Appropriations Committee and the Council for adoption of the Budget; to provide for Supplemental Appropriations; and for Other Purposes. 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., as amended) so as to amend section 6-302, 6-303 and 6,304 of the Charter of the City of Atlanta so as to expand the membership of the Appropriations Committee, to require the Mayor to submit annually to the Appropriations Committee a budget message, a budget report and a proposed Appropriations Ordinance; to define the duties of the Appropriations Committee; to establish a procedure for the adoption of the budget; to provide for supplemental appropriations; and for other purposes. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council of the City of Atlanta and in the Office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public. This the 24th day of September, 1976. Marion Black, Acting City Clerk City of Atlanta 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 Accountign 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 4581

attached hereto and made a part of this affidavit appeared in The Atlanta Constitution P.O. No. # 18982 September 27, October 4, 11, 1976. /s/ Norman Jackson Sworn to and subscribed before me, this 13th day of Oct., 1976. /s/ Jack A. Danby Notary Public, Georgia, State at Large. My Commission expires Aug. 16, 1981. Public Notice. Notice of Proposed Ordinance To Amend The Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, Et Seq., as Amended) To Modify the Membership of The Appropriations Committee: To Establish Procedures To be Followed by the Mayor, The Appropriations Committee, and the Council For Adoption of the Budget; To Provide for Supplemental Appropriations; and for Other Purposes. Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, et. seq., as amended) so as to amend Sections 6-302, 6-303 and 6-304 of the Charter of the City of Atlanta so as to expand the membership of the Appropriations Committee, to require the Mayor to submit annually to the Appropriations Committee a budget message, a budget report and a proposed Appropriations Ordinance; to define the duties of the Appropriations Committees; to establish a procedure for the adoption of the budget; to provide for supplemental appropriations; for other purposes. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council of the City of Atlanta and in the Office of the Clerk of Superior Court of Fulton County

Page 4582

and DeKalb County, Georgia, for purposes of examination and inspection by the public. This the 24th day of Sept., 1976. Marion Black, Acting Clerk of Council City of Atlanta 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 30th day of Sept. 1976 and 7, 14 Oct. '76. /s/ Gerald W. Crane, Publisher. /s/ Samme Toycen, Agent Sworn to and subscribed before me this 14th day of October, 1976. /s/ Betty M. Brand Notary Public. My Commission expires Oct. 18, 1977. (Seal). Exhibit A Notice of Proposed Ordinance to Amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, et seq., as amended) to modify the membership of the Appropriations Committee: To establish procedures to be followed by the Mayor, the Appropriations Committee and the Council for Adoption of the Budget; to Provide for Supplemental Appropriations; and for other purposes. Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Atlanta (Ga.

Page 4583

Laws 1973, P. 2188, et seq., as amended) so as to amend Sections 6-302, 6-303 and 6-304 of the Charter of the City of Atlanta so as to expand the membership of the Appropriations Committee, to require the Mayor to submit annually to the Appropriations Committee a budget message, a budget report and a proposed Appropriations Ordinance; to define the duties of the Appropriations Committee; to establish a procedure for the adoption of the budget; to provide for supplemental appropriations, and for other purposes. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council of the City of Atlanta and in the Office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public. This the 24th day of September, 1976. Marion Black, Acting Clerk of Council City of Atlanta Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 27th day of Sept. 1976, and on the 4th and 11th days of Oct. 1976 as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 12th day of Oct. 1976. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 24, 1979. (Seal). Filed in office of Secretary of State November 10, 1976. Approved by the Mayor Nov. 4, 1976.

Page 4584

CITY OF ATLANTACHARTER AMENDEDCONTRACTS. An Ordinance. An Ordinance 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, to amend section 6-402 of the Charter of the City of Atlanta, Ga. L. 1973, p. 2188 et. seq., approved March 16, 1973, as amended, so as to provide that the governing body may prescribe by Ordinance procedures to be followed in authorizing amendments, modifications or other changes to contracts and other authorizations for the purchase of goods, materials, supplies, equipment and services; to repeal conflicting laws; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta, as follows: Section 1. That section 6-402 of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188 et seq., approved March 16, 1973) as amended, is hereby amended by changing the period at the end of the second sentence in said section to a semi-colon, and inserting immediately after said semi-colon the following: provided further, and notwithstanding the foregoing, that the governing body shall prescribe by ordinance the procedure for amending, modifying, and otherwise changing contracts and for authorizations for the purchase of goods, materials, supplies, equipment, and services. And that said section 6-402 be further amended by inserting between the words contracts, and the in the last sentence of said section the following: or amendments, modifications, or changes thereto, so that, when thus amended, said section 6-402 shall read as follows:

Page 4585

Section 6-402. Purchasing Procedures. The governing body shall prescribe by ordinance and resolution the procedures for all purchases of real and personal property by the City. Competitive bidding shall be required for purchases and contracts under rules of the governing body, and awards shall be made to the lowest and/or best bidder; provided, the governing body by ordinance may authorize the purchase of goods, materials, supplies, equipment and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount as defined therein; provided further, and notwithstanding the foregoing, that the governing body shall prescribe by ordinance the procedure for amending, modifying, and otherwise changing contracts and for authorization for the purchase of goods, materials, supplies, equipment, and services. Prior to the making of purchases and contracts, or amendments, modifications or changes thereto, the availability of adequate funds shall be certified by the Director of Finance as provided by ordinance. Section 2. That a copy of this proposed amendment of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that Notice of Proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in 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 3. That all laws and parts of laws and ordinances

Page 4586

and parts of ordinances in conflict herewith are hereby repealed. Adopted by City Council July 6, 1976. 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, et seq., approved March 16, 1973) as amended, so as to amend section 6-402 so as to provide that the governing body may prescribe by ordinance procedures to be followed in authorizing amendments, modifications or other changes to contracts and other authorizations for the purchase of goods, materials, supplies, equipment and services. 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 Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public. This the 8th day of June, 1976. J. J. Little, Clerk of Council City of Atlanta, Georgia Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W.

Page 4587

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 17, 24 day of June, 1976 and July 1, 1976. /s/ Gerald W. Crane, Publisher By: /s/ Samme Toycen, Agent Sworn to and subscribed before me this 1st day of July, 1976. /s/ Betty M. Brand Notary Public. My commission expires Oct. 18th, 1977. (Seal). 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., approved March 16, 1973) as amended, so as to amend Section 6-402 so as to provide that the governing body may prescribe by ordinance procedures to be followed in authorizing amendments, modifications or other changes to contracts and other authorizations for the purchase of goods, materials, supplies, equipment and services. 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 Courts of Fulton and DeKalb Counties, Georgia for the purposes of examination and inspection by the public. This the 8th day of June, 1976. J. J. Little, Clerk of Council City of Atlanta, Georgia

Page 4588

State of Georgia, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 15, 22, 29 days of June, 1976 as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 29th day of June, 1976. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 24, 1979. (Seal). Filed in office of Secretary of State July 23, 1976. Approved by the Mayor July 7, 1976. CITY OF ATLANTACHARTER AMENDEDQUALIFICATIONS OF COUNCILMEN, ETC. An Ordinance. An Ordinance to amend the Charter of the City of Atlanta (Ga. L. 1973, P. 2188, et seq., approved March 16, 1973) so as to amend sections 2-102(a) (1), 2-202(a) (1), and 3-102(a) (1) so as to lower the ages to eighteen years of age from the present ages set forth in each of the sections as the same relate to the qualification for election and holding the offices of Council member, Council President and Mayor respectively and to amend section 2-102 (a) (2) so as to change the residency requirement from one year to twenty-four months as the same relates to the qualification for election and holding the office of Council member; to repeal conflicting laws and ordinances; and for other purposes.

Page 4589

Be and it is hereby enacted by the Council of the City of Atlanta as follows: Section 1. That section 2-102(a) (1) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) as amended, is hereby amended by repealing from the section the words: twenty-one year of age and by substituting in lieu thereof the following words: eighteen years of age so that the subsection, when amended, shall read as follows: (1) Must be at least eighteen years of age; Section 2. That section 2-202(a) (1) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) as amended, is hereby amended by repealing from the section the words: twenty-five years of age and by substituting in lieu thereof the following words: eighteen years of age so that the subsection, when amended, shall read as follows: (1) Must be at least eighteen years of age;' Section 3. That section 3-102(a) (1) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) as amended, is hereby amended by repealing from the section the words: twenty-five years of age and by substituting in lieu thereof the following words:

Page 4590

eighteen years of age so that the subsection, when amended, shall read as follows: (1) Must be at least eighteen years of age; Section 4. That section 2-102(a) (2) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) as amended, is hereby amended by repealing from the section the words: one year and by substituting in lieu thereof the following words: twenty-four months so that the subsection, when amended, shall read as follows: (2) Must be a resident of the City for at least twenty-four months and of the Council District for at least six months from which he seeks to qualify; Section 5. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of the Council and in the Office of the Clerk of the Superior Court of Fulton 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 6. That all laws and ordinances and parts of

Page 4591

laws and ordinances in conflict herewith are hereby repealed. Adopted by City Council June 28, 1976. A true copy 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, et seq., approved March 16, 1973) so as to amend sections 2-102(a) (1), 2-202(a) (1), and 3-102 (a) (1) so as to lower the ages to eighteen years of age from the present ages set forth in each of the sections as the same relate to the qualification for election and holding the offices of Council Member, Council President and Mayor respectively and to amend section 2-102(a) (2) so as to change the residency requirement from one year to twenty-four months as the same relates to the qualification for election and holidng the office of Council Member. A copy of the proposed amendment is on file in the Office of the Clerk of the Council of the City of Atlanta, Georgia, and in the Office of the Clerk of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public. This the 7th day of May, 1976. J. J. Little, Clerk of Council City of Atlanta, Georgia

Page 4592

Exhibit A Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta, (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) so as to amend sections 2-102(a) (1), 2-202(a) (1), and 3-102(a) (1) so as to lower the ages to eighteen years of age from the present ages set forth in each of the sections as the same relate to the qualifatcion for election and holding the offices of Council Member, Council President and Mayor respectively and to amend section 2-102(a) (2) so as to change the residency requirement from one year to twenty-four months as the same relates to the qualification for election and holding the office of Council Member. A copy of the proposed amendment is on file in the Office of the Clerk of the Council of the City of Atlanta, Georgia, and in the Office of the Clerk of the Superior Courts of Fulton and DeKalb Counties, Georiga for purposes of examination and inspection by the public. This the 7th day of May, 1976. J. J. Little, Clerk of Council City of Atlanta, 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 Georiga, who, being duly sworn, states on oath that the report of Public Notice, a true copy of which is hereto

Page 4593

annexed, was published in said newspaper in its issue of the May 20 27th and June 3rd, 1976. /s/ Gerald W. Crane, Publisher By: /s/ Betty Branch, Agent Sworn to and subscribed before me this 3rd day of June, 1976. /s/ Samme K. Toycen Notary Public My Commission expires June 26, 1977. (Seal). 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., approved March 16, 1973) so as to amend sections 2-102(a) (1), 2-202(a) (1), and 3-102(a) (1) so as to lower the ages to eighteen years of age from the present ages set forth in each of the sections as the same relate to the qualification for election and holding the offices of Council Member, Council President and Mayor respectively and to amend section 2-102(a) (2) so as to change the residency requirement from one year to twenty-four months as the same relates to the qualification for election and holding the office of Council Member. A copy of the proposed amendment is on file in the office of the Clerk of the Council of the City of Atlanta, Georgia, and in the Office of the Clerk of the Superior Courts of Fulton and DeKalb Counties. Georgia for purposes of examination and inspection by the public. This the 7th day of May, 1976. J. J. Little, Clerk of Council City of Atlanta, Georgia

Page 4594

Exhibit A State of Georgia, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that he is the vice-Pres. of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 7, 14, 21 days of May 1976, as provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 24th day of May, 1976. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 24, 1979. Filed in office of Secretary of State July 15, 1976. Approved by the Mayor July 6, 1976. CITY OF BRASWELLCHARTER AMENDEDINCORPORATED. An Ordinance. An Ordinance to amend an Act entitled Braswell, Charter Amended, No. 239, approved August 22, 1907, to incorporate the town of Braswell, in the counties of Polk and Paulding, to define the limits of said town, to provide for the election of mayor and aldermen, and for other purposes. Section 1. Be it enacted by ordinance of the City of Braswell and it is hereby enacted by authority of the same, That from and after the passage of this ordinance, the town of Braswell, in the counties of Polk and Paulding,

Page 4595

shall be a corporate town, the corporate limits of which shall extend from the northwest corner of lot of land No. 883, eighteenth district, third section of Polk county and the corporate line runs eastward into Paulding County along the northern lines of land lots Nos. 883, 884, 885, 886, 887, 888, 889, and 890 to the northeast corner of land lot No. 890, then south along the east line of lots Nos. 890, 911, 962, 983, 1034, 1055, 1106, and 1127 to the southeast corner of land lot No. 1127, then west along the south line of land lots Nos. 1127, 1128, 1129, 1130, 1131, 1132, 1133, and 1134 to the southwest corner of land lot No. 1134, then north along the west line of lots Nos. 1134, 1099, 1062, 1027, 990, 955, 918, and 883 to the north west corner of lot of land No. 883 which is the point of the beginning. Section 2. Be it enacted by the authority aforesaid, That a mayor and three aldermen shall be elected in like manner as the Governor of Georgia at the same time and hold office for four years. Election of Mayor and Aldermen. Section 3. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town of Braswell, shall have all the powers and privileges and authorities given in section 774 to 797 (b) of the Code of Georgia, 1882, except as herein changed and modified. The mayor and aldermen shall have power to grant any license that is not in conflict with Georgia laws and Georgia Constitution. Power of Mayor and Aldermen. Section 4. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall take the oath of office in like manner as the elected Governor of Georgia and on the same date, at the council chamber in said town, before the mayor or justice of the peace, or any other officer authorized to administer oaths, and shall at their first meeting or as soon thereafter as possible, elect a clerk, a treasurer, a marshal and such other officers as may be necessary and fix their compensation, the amount of their bonds and prescribe their powers and duties. Oath other officers.

Page 4596

Section 5. Be it further enacted, That all elections held under this charter shall be held at the town council rooms in Braswell or such other place as the mayor may designate; that the polls at every such election shall be opened at 7 o'clock a.m. and closed at 7 o'clock p.m.; that they shall keep two tally-sheets and two lists of voters, one tally-sheet and one list of voters and all the tickets shall be sealed by managers and sent to the clerk of the City of Braswell, Georgia, and kept by said clerk thirty days, then burnt without examination, unless he be notified of a contest. And that the clerk of council keep the other tally-sheet and list of voters, also, thirty days, and that the clerk of council shall place the result of every election on his book. Elections, how held. Section 6. Be it further enacted, That any person voting at any such election, not qualified to register, shall be guilty of a misdemeanor and, on conviction before the superior court of either Polk or Paulidng counties, shall be punished as prescribed in the Penal Code of Georgia, 1895, section 1039. Illegal voting. Section 7. Be it further enacted, That no person shall be eligible to office of mayor or aldermen of Braswell who is not twenty-one years of age, and has not lived in the corporation one year preceding his election and has been fully registered in the town in which he lives. No person shall be eligible to vote who is not registered on the town registration book. Qualifications of officers and voters. Section 8. Be it further enacted, That said mayor and council shall have full power and control of the streets or alleys and sidewalks of Braswell; and shall have power and authority to open, layout, widen, straighten, close or vacate, curb, pave, macadamize, and place and keep in good repair, or otherwise change all streets, sidewalks, alleys and squares in said city; that said mayor and council are authorized to condemn property which may be needed for said purposes in the judgment of the mayor and council; that they may put any street on the original survey without condemnation where it is proven, the condemnation proceedings to conform to the laws of the State

Page 4597

authorizing and regulating the condemnation of private properties for public uses, and also the mayor and council shall have power to condemn any building that becomes decayed so as to be unsafe; they may require it repaired or torn away or recovered so as to be more safe about fire. Streets, etc. Section 9. Be it further enacted, That the mayor and council of Braswell shall have power and authority to establish police rules and regulations; to pass all laws and ordinances not in conflict with the Constitution and laws of the State of Georgia, which tend to provide the safety, health, good order, morality and general welfare of the inhabitants of Braswell. General Powers of Mayor and Council. Section 10. Be it further enacted, That the mayor be the chief executive of the mayor and council of Braswell; he shall see that all laws, ordinances, regulations and rules of the city are faithfully executed and enforced. He shall have the general jurisdiction of the affairs of the city; he shall preside at all meetings of mayor and council, or in his absence the mayor pro tem shall preside. Executive powers of Mayor. Section 11. Be it further enacted, That there shall be a court for the trial of all offenders against the laws or ordinances of the city to be held by the mayor, and in his absence or disqualification, the mayor pro tem; said court shall have the power to preserve order and compel attendance of witnesses; to punish for contempt by imprisonment, or bound over to the superior court, according to termination of trial. Said mayor's court shall have full power and authority, upon conviction, to sentence such offender to be confined in city prison. If there is an appeal to mayor and council, it shall be in four days after judgment is entered, the defendant paying all cost and giving bond in such sum as the mayor may fix for his personal appearance and to abide the final judgment in said case. Section 12. Be it further enacted, That the mayor and each councilman shall be bound to keep the peace and shall be ex officio justice of the peace, so as to enable them to issue warrants for the violation of the criminal laws of the State, committed within the city of Braswell,

Page 4598

and shall have full power, on examination, to commit offenders to jail, or compel them, if the offense be bailable, to appear before the court having jurisdiction. Warrant to arrest. Section 13. Be it further enacted, That for the purpose of raising revenue for the support and maintenance for the city government, the mayor and council of Braswell shall have full power and authority and may prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real estate and personal property within the corporate limits of said city, to defray ordinary annual expenses of the city government. Ad Valorem tax. Section 14. Be it further enacted, That the treasurer shall make a quarterly statement to the mayor, of all money collected, from what source, and how much paid out, and what for, and said statement must agree with the orders on file, from the mayor to clerk of council. Said clerk shall keep said orders in a book for that purpose. Reports of Treasurer. Section 15. Be it further enacted, That the mayor and council of Braswell shall have power to enforce, by execution, the collection of any debt, demand, or any amount due or to become due to it, such execution to be issued by the clerk, against the person, corporation or firms by whom any such debt may be due or may become due, which execution may be levied by marshal on the property of the owner against whom such execution shall issue, and the same sold as provided by Code of 1895, section 732, 733, 734, and 735 for municipal sales for taxes. Collection of taxes. Section 16. Be it further enacted, That no money to be paid out of treasury, except by order of clerk of council. Said order must state what the money is paid out for; said clerk shall not issue any check to treasury for money until ordered by mayor in writing to issue check for money to be paid out, stating also what it is for. Money drawn from treasury otherwise is unlawful; and all parties to the Act shall be indictable before the grand jury as the law of the State may direct. Orders on treasury.

Page 4599

Section 17. Be it further enacted, That any and all ordinances, rule and regulations now in force in said city of Braswell and not inconsistent with this Act shall be and remain in full force and effect, until altered, amended, or repealed by said mayor and council. Existing laws. Section 18. Be it further enacted, That the mayor and council shall have the right to tax any show, circus, or any slight-of-hand, magic lantern, or any other devices, such as flying-jennies, or any other such thing by whatever name or nature it may be, and further, the mayor and council shall have the right to license restaurants, pool tables or other such things that may hereinafter be set up. Special tax. Section 19. Be it further enacted, That all laws and parts of laws in conflict with these ordinances be, and the same are, hereby repealed. Approved: /s/ Jerry P. Worthy, Mayor /s/ Frances Fennell /s/ E. A. Ferrell /s/ Mary J. Worthy First Reading Oct. 13, 1976. Final Adoption Nov. 10, 1976. Notice. Ordinances to amend the municipal Charter of Braswell, Georgia; to define the limits of said town; to provide for the election of Mayor and Aldermen; to define the powers of Mayor and Aldermen; and for other purposes, will be considered for adoption by the Mayor and Aldermen of said town. A copy of the proposed amendments are on file in the office of the Clerk of the municipal governing authority and the office of the Clerks of the Superior

Page 4600

Courts of Polk and Paulding counties for the purpose of examination and inspection by the public. Georgia, Paulding County. Before the undersigned officer duly qualified to administer oaths, Ed Parker, who, after first being sworn, deposes and says under oath: He is Editor and Publisher of the Dallas New Era, Dallas, Georgia, of Paulding County, and that the above notice has been published in said newspaper as provided by law (Ga. 69-1020). /s/ Ed Parker Sworn to before me this 19th day of Oct., 1976. /s/ Mrs. Charlotte Clark Notary Public. Date: 10-21, 10-28, 11-4 and 11-11-76. Notice. Ordinances to amend the municipal Charter of Braswell, Georgia; to define the limits of said town; to provide for the election of Mayor and Aldermen; to define the powers of Mayor and Aldermen; and for other purposes, will be considered for adoption by the Mayor and Aldermen of said town. A copy of the proposed amendments are on file in the office of the Clerk of the municipal governing authority and the office of the Clerks of the Superior Courts of Polk and Paulding counties for the purpose of examination and inspection by the public. Georgia, Polk County. Before the undersigned officer duly qualified to administer oaths, Joseph D. Williams, who after first being sworn, deposes and says under oath: He is Editor and/or Publisher of the Cedartown

Page 4601

Standard, Cedartown, Georgia, of Polk County, and that the above notice has been published in said newspaper as provided by Ga. Law 69-1020. /s/ Joseph D. Williams Sworn to before me this 5th day of November, 1976. /s/ Delores Bedwell Notary Public, Georgia State at Large. Date: November 5, 1976. My Commission expires May 7, 1979. Filed in office of Secretary of State November 15, 1976. CITY OF CEDARTOWNCHARTER AMENDEDMISCELLANEOUS CHANGES. Ordinance No. 13, 1976. An Ordinance. Whereas, the City Commission of the City of Cedartown, Georgia, is desirous of making certain changes in the Charter of the City of Cedartown; and Whereas, the City Commission of the City of Cedartown has determined that it would be in the best interest and welfare of the citizens of the City of Cedartown to change the Charter of the City of Cedartown in certain respects; Now, therefore, be it ordained by the City Commission of the City of Cedartown, Georgia, and it is hereby ordained by said authority as follows:

Page 4602

Section 1. The Charter of the City of Cedartown as adopted by the General Assembly of the State of Georgia in 1937 Ga. L. page 1595 et. seq. shall stand amended as to section 3 thereof (at page 1600, 1937 Ga. L.) by striking section 3 in its entirety (section 3-1 of Article III of said Charter as codified) and inserting in lieu thereof a new section 3 (section 3-1, Article III) which said section shall hereafter read as follows: Sec. 3-1. Commission; membership; qualifications; compensation; election; term; may succeed themselves. The governing and legislative authority of said city shall be vested in a commission of five members. The members of said commission shall have attained the age of twenty-one (21), and they shall have been residents and citizens of said city for at least two (2) years next preceding their election, and they shall be qualified voters of the City of Cedartown. The members of said commission shall serve without salary. At their first meeting, or so soon thereafter as possible, the members of said commission shall elect one of their number as chairman, and shall elect another of their number as chairman pro tem. The chairman, or in his absence, the chairman pro tem, shall preside over the deliberations of the commission, but shall have no vote, except in the event the votes of the remaining commissioners are equally divided; he shall preserve order and decorum at all meetings of the commission, and shall enforce the rules of the body, and shall have power to punish all persons for contempt of such rules, and shall perform all other duties incident to his office. Service of legal process directed to or against the city shall be made upon the chairman of the commission, or in his absence from the county, upon the chairman pro tem. Said commissioners shall be elected from the city at large, irrespective of the wards in which they reside, and shall be elected by the consolidated vote of the entire city. Said commissioners shall be elected for a term of four years, except as hereinafter provided, and until their successors are elected and qualified, subject, however, to recall, as is hereinfater provided. Said commissioners may succeed themselves as many times as they may be elected.

Page 4603

Section 2. The Charter of the City of Cedartown as adopted by the Legislature in 1937 Ga. L., page 1595 et. seq. shall stand amended as to section 114 thereof (at page 1660, 1937 Ga. L.) by striking section 114 in its entirety (section 3-20 of Article III of said Charter as codified) and inserting in lieu thereof a new section 114 (section 3-20, Article III) which said section shall hereafter read as follows: Sec. 3-20. Bond requirement where dangerous work or city may be liable. Said commission is empowered to compel persons about to undertake any work, or do any act, which may be dangerous, or is likely to involve liability upon the city, to execute a bond with good and sufficient security, conditioned for the payment of any damage that may be sustained by any person from such work. Section 3. The Charter of the City of Cedartown as adopted by the Legislature in 1937 Ga. L., page 1595 et. seq. shall stand amended as to section 42 thereof (at page 1623-1624, 1937 Ga. L.) by striking the first sentence of section 42 in its entirety (section 6-19 of Article VI of said charter as codified) and inserting in lieu thereof a new first sentence for section 42 (section 6-19, Article VI) which said sentence shall hereafter read as follows: Sec. 6-19. Business license tax. Said commission shall have full power and authority to require any person, firm, company or corporation, whether resident or nonresident, of said city, who may engage in, prosecute, or carry on, or who is engaged in prosecuting or carrying on any trade, business, calling, vocation, or profession in the corporate limits of said city by themselves, or their agents, to register their names, business, calling, vocation or profession annually, and if operated under a trade name, not incorporated, to show all persons having any interest in such business, and to require said persons, company or corporation to pay for said registration and for license to prosecute, engage in

Page 4604

or carry on any business, calling, or profession, such amount as the commission may provide by ordinance, not to exceed ten thousand dollars ($10,000.00) Section 4. A copy of these proposed amendments to the Charter of the City of Cedartown shall be filed in the Office of the City Clerk and in the Office of the Clerk of the Superior Court of Polk County, Georgia, and the notice of proposed amendment to the Charter of the City of Cedartown which is attached hereto as Exhibit A and made a part hereof shall be published once a week for three weeks in a newspaper of general circulation in the City of Cedartown, or in the official organ of Polk County; and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the City Commission. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Adopted and approved by the City Commission of the City of Cedartown on the 11th day of October, 1976, at a regular meeting thereof duly called and held, Commissioners Brannan, Brown, Alexander and Walley voting Aye none voting No. Approved: /s/ J. R. McCarson Chairman, Cedartown City Commission Attest: /s/ J. J. Brooks Secretary, Cedartown City Commission. Notice of Proposed Amendments to Charter of the City of Cedartown. Notice is hereby given that an Ordinance has been introduced to amend the following sections of the Charter of the City of Cedartown:

Page 4605

(1) Sec. 3-1 of Article III of the charter will be amended so that the requirement that a person be a free-holder, or property owner within the City of Cedartown, for two years preceding his election to the City Commission will be eliminated in its entirety. (2) Sec. 3-20 of Article III of the charter shall be amended by adding the requirement that a person who undertakes any act, or will do any work, which may be dangerous or is likely to involve liability upon the city, may be required to execute a bond with good and sufficient security for the payment of any damage that may be sustained as a result of the work. (3) The business license tax fee which the commission may charge for the carrying on of any business, calling or profession within the City of Cedartown shall be changed so that the fee shall not exceed $10,000.00. A copy of the proposed amendments to the Charter of the City of Cedartown is on file in the Office of the City Clerk of the City of Cedartown and in the Office of the Clerk of the Superior Court of Polk County, Georgia, for purposes of examination and inspection by the public. This 11th day of October, 1976. J. J. Brooks, Clerk City of Cedartown Oct. 19, 26, Nov. 2 Georgia, Polk County. Personally appeared before me, the undersigned Notary Public, Joseph D. Williams, who after being duly sworn states under oath that he is Publisher of The Cedartown Standard, the newspaper of general circulation published in the City of Cedartown, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Cedartown

Page 4606

Standard on Tuesday, October 19, 1976; Tuesday, October 26, 1976 and Tuesday, November 2, 1976. /s/ Joseph D. Williams Sworn to and subscribed before me this 3rd day of November, 1976. /s/ Judy C. Ploof Notary Public, Georgia State at Large. My Commission expires August 12, 1979. Filed in office of Secretary of State, November 15, 1976. CITY OF COVINGTONCHARTER AMENDEDADVERTISEMENTS OF ZONING CHANGES. An Ordinance. An Ordinance of the City of Covington, Georgia, to amend its Charter as enacted by the General Assembly of the State of Georgia by an Act approved January 30, 1962 (Georgia Laws 1962, page 2003) as amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) by adding a proviso to section 5 of said Charter which will expressly exempt the changing of property located within the corporate limits of the City of Covington from One Use District to another Use District pursuant to the Zoning Regulations of the City of Covington from the legal publication and posting requirements of section 5 of the Charter of the City of Covington and to provide for the effective date of such amendment. Be it ordained by the Mayor and Council of the City of Covington, in Council duly assembled, and it is hereby ordained by authority of same and pursuant to the provisions of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) as amended, that the Charter of the City of Covington and specifically section 5 Legal Publication be amended by adding as a proviso to said section 5, at the end thereof, the following:

Page 4607

; Provided however, that the changing of property located within the corporate limits of the City of Covington from one use district to another use district pursuant to the zoning regulations of the City of Covington shall be expressly exempt from the foregoing publication and posting requirements.; so that after said amendment becomes effective, said section 5 shall read as follows: Sec. 5. Legal Publication. After being read in the council meeting all ordinances shall be published at least once in a newspaper of general circulation within the city and, in addition, a copy shall be posted on the bulletin board in the lobby of the city hall for a period of at least five days; the newspaper publication of such ordinances may be by title only, but in such event it shall give notice that a complete copy of such ordinances shall be posted as hereinabove provided; no ordinance shall come up for passage prior to the expiration of the aforementioned five-day period; Provided however, that the changing of property located within the corporate limits of the City of Covington from one use district to another use district pursuant to the zoning regulations of the City of Covington shall be expressly exempt from the foregoing publication and posting requirements. This ordinance shall become effective upon complete Compliance with section 6 of the Municipal Home Rule Act of 1965 (Ga. L. 1965, pages 298, 304); however, in no event shall this ordinance become effective prior to January 20, 1976. First offered and adopted on the 5th day of January, 1976, and again adopted on this the 19th day of January, 1976, the next regularly scheduled meeting of the Mayor

Page 4608

and Council of the City of Covington succeeding its regularly scheduled meeting of January 5, 1976. /s/ W. L. Dobbs, Mayor Attest: /s/ Betty L. Schell (Mrs.) Betty L. Schell City Clerk (Seal). Notice of Intent to Adopt an Amendment to the Charter of the City of Covington Pursuant to the Municipal Home Rule Act of 1965. The Council of the City of Covington intends to adopt an amendment to section 5 of the Charter of the City of Covington as enacted by the General Assembly of the State of Georgia by an Act approved January 30, 1962 (Ga. L. 1962, p. 2003) as amended, pursuant to the Municipal Home Rule Act of 1965 (Ga. Laws, 1965, p. 298). The proposed amendment will add a proviso to section 5 of the City Charter to clarify that the granting of re-zoning applications pursuant to the zoning regulations of the City of Covington shall be exempt from the publication and posting requirements of section 5. A copy of the proposed amendment is on file with the City Clerk, Mrs. Betty L. Schell, at City Hall, Covington, Georgia, and in the Office of the Clerk of Superior Court of Newton County, Newton County Courthouse, Covington, Georgia, for the purpose of examination and inspection by the public. The City Clerk shall furnish anyone, upon written request, a copy of the proposed amendment. The City of Covington By /s/ Mrs. Betty L. Schell Clerk

Page 4609

Exhibit A Georgia, Newton County. Personally appeared before the undersigned officer, Leo S. Mallard, who says under oath that he is the President of The Covington News, a newspaper which has a general circulation in the municipality of Covington, Georgia, and is the official organ of Newton County, Georgia, the county in which the City of Covington is located, and that a legal notice, copy of which is attached hereto as Exhibit A and made a part hereof by reference, appeared as a legal advertisement in the December 25, 1975, December 30, 1975, and January 8, 1976, editions of The Covington News. /s/ Leo S. Mallard Sworn to and subscribed before me, this 20th day of January, 1976. /s/ Jerry D. Bauchitlon Notary Public, Georgia, State at Large. My Commission expires July 9, 1979. Filed in office of Secretary of State January 21, 1976. CITY OF COLLODENCHARTER AMENDED. An Ordinance. An Ordinance to amend Sec. I of the City Charter and give the Mayor and Board of Aldermen certain limited power respecting the sale, purchase or exchange of real estate. Under authority granted by the Municipal Home Rule Act of 1965 (Ga. Code Ann. 69-1015 et seq.) the Mayor and Aldermen of the City of Culloden hereby ordain that the portion of section I of the City Charter that states: Provided, the sale, purchase or exchange of real estate is not to be made until the same is ratified by a majority of the legally qualified voters of said city at an election

Page 4610

to be held under such regulations as may be prescribed by the Mayor and Aldermen of said city (;) is amended and changed to read as follows: Provided, any sale, purchase or exchange of real estate having a value in excess of ten thousand dollars ($10,000) is not to be made until the same is ratified by a majority of the legally qualified voters of said city at an election to be held under such regulations as may be prescribed by the Mayor and Aldermen of said city; and further provided, that any sale, purchase, or exchange of real property having a value of ten thousand dollars or less must be approved by at least two-thirds (i.e. four) of the Board of Aldermen, or in the event the Board of Aldermen is evenly divided and a tie vote exist, the Mayor's approval of the proposed transactions shall constitute full and legal approval by the city governing authority. Adopted by the Mayor and Board of Aldermen of the City of Culloden, the 17th day of June, 1976, and the 15th day of July, 1976. /s/ Charles E. Norris Mayor /s/ Trevor V. Chatfield, III Alderman /s/ David Pennamon, Jr. Alderman /s/ Ruben Jordan Alderman /s/ H. M. Hammock Alderman /s/ Samuel R. Bennett Alderman /s/ Albert M. Shrigley, Jr. Alderman Attest: /s/ Gloria J. Chatfield City Clerk. (City Seal).

Page 4611

Legal Notice. Synopsis of Home Rule Charter Amendment for the City of Culloden. Be it ordained by the Mayor and Board of Aldermen of the City of Culloden that section 1 of the City Charter be amended under the provisions of the Municipal Home Rule Act of 1965 to allow Mayor and Aldermen to sell, purchase or exchange real estate having a value of ten thousand dollars ($10,000) or less without obtaining ratification of such transaction by a majority of the city's legally qualified voters. A copy of the proposed amendment is on file with Ms. Gloria Chatfield, Culloden City Clerk, and in the office of the Monroe County Superior Court Clerk for purposes of examination and inspection by the public. Copies of the proposed amendment may be obtained, upon written request, from Ms. Gloria Chatfield, Culloden City Clerk, P. O. Box 38, Culloden, Georgia 31016. Ju30, Jy7, 14c July 30, 1976 Georgia, Monroe County. To Whom it May Concern: This is to certify that the City of Culloden, Monroe County, Georgia, did have published in the legal gazette of Monroe County, Georgia, The Monroe County Georgia Reporter, an admendment to the City of Culloden's City Charter on the following issue dates: June 30, 1976, July 7, 1976, July 14, 1976. /s/ Donald Jackson Daniel, Publisher Sworn before me this 30th day of July, 1976. /s/ Rose M. Ivey Notary Public. (Seal). Filed in office of Secretary of State August 6, 1976.

Page 4612

CITY OF DALTONCHARTER AMENDEDELECTRICAL POWER. An Ordinance. An Ordinance amending the Charter of the City of Dalton relating to an additional source of supply of electric power. Be it and it is hereby ordained by the Mayor and Council of The City of Dalton, Whitfield County, Georgia, acting in accordance with the Municipal Home Rule Act of 1965 (Acts 1965, pages 298, et seq., Code of Georgia 69-1015 through 69-1020) as follows: Section 1. That the Charter of the City of Dalton is hereby amended to add thereto, immediately after section 12 of Article VIII, a new section reading as follows: Section 13. The City of Dalton may acquire additional sources of supply of electric power within or without The City of Dalton and within or without Whitfield County, Georgia. Said additional sources of supply may include the whole of or any lesser interest in any electric generating facilities within the State of Georgia and the whole of or any lesser interest in any transmission lines running from any additional source of supply to and within The City of Dalton. Any such additional source of supply may include the whole of or any interest in a nuclear generating facility, including any or all nuclear fuel necessary for the operation thereof. The Board of Water, Light and Sinking Fund Commissioners may enter agreements for the sale of surplus electricity to others if and when there shall be any excess over and above the city's requirements from time to time, and may enter all contracts necessary or useful to assure efficient and economical management of any such additional source of supply, including transmission lines. Section 2. That the action of the Mayor and City Clerk in causing notice of the foregoing amendment in form hereto attached to be published in The Daily Citizen

Page 4613

News, a newspaper of general circulation in The City of Dalton, once a week for three weeks within a period of sixty (60) days immediately preceding the final adoption of this ordinance, is hereby ratified and confirmed. Section 3. That this ordinance shall take effect immediately upon publication as required by the Charter of the City of Dalton, except that the amendment to said Charter herein made shall take effect when field, together with the notice of amendment in form hereto attached and a publisher's affidavit showing publication of such notice of said amendment with the Secretary of State and the Clerk of the Superior Court of Whitfield County in accordance with the Municipal Home Rule Act of 1965 (section 69-1020, Code of Georgia). Adopted and approved, November 17th, 1975. /s/ Charles A. Bramlett Mayor Attest: /s/ Andrew J. Lowery City Clerk (Seal). Georgia, Whitfield County. I, Andrew J. Lowery, Clerk of The City of Dalton, and Clerk to the Mayor and Council of The City of Dalton, hereby certify that the foregoing is a true and correct copy of an original ordinance entitled An Ordinance Amending the Charter of The City of Dalton Relating to an Additional Source of Supply of Electric Power, as the same was duly adopted by the Mayor and Council of The City of Dalton at a regular public meeting held on the 17th day of November, 1975, and finally adopted at the next regular public meeting of the Mayor and Council of The City of Dalton, held on the 1st day of December, 1975, as the same appears of record in the minutes of said meetings; and I further certify that said ordinance

Page 4614

has been neither amended, modified nor repealed, but remains of force and effect. In witness whereof, I hereunto set my hand and affix the seal of the City, this 30th day of January, 1976. /s/ Andrew J. Lowery Clerk, The City of Dalton Notice of Proposed Charter Amendment. The Mayor and Council of The City of Dalton, Whitfield County, Georgia propose an amendment to the Charter of said city pursuant to a proposed ordinance entitled: An Ordinance Amending The Charter of The City of Dalton Relating to An Additional Source of Supply of Electric Power. Said amendment would authorize the city to acquire additional sources of electric supply within the State of Georgia, including the whole or any lesser interest in electric generating facilities and transmission lines. Such additional sources of supply may include a nuclear generating facility and fuel therefore. The amendment would also authorize surplus power sale and management contracts. It is anticipated that said ordinance will be finally adopted at a regular meeting of the Mayor and Council to be held in the City Hall on December 1, 1975 at 7:30 o'clock P.M. A copy of the proposed amendment is on file in the office of the City Clerk in the City Hall and another copy is on file in the office of the Clerk of the Superior Court of Whitfield County for the purpose of examination and inspection by the public. The City Clerk will furnish anyone, upon written request, a copy of the proposed amendment. Given by order of the Mayor and Council of The City of Dalton this 3rd day of November, 1975. /s/ Charles A. Bramlett Mayor Attest: /s/ Andrew J. Lowery City Clerk (Seal). 11-7, 11-14, 11-21

Page 4615

Georgia, Whitfield County. In person appeared before me, the undersigned attesting officer who by law has authority to administer an oath, Mark Pace, who being first duly sworn on oath says that he is Editor of The Daily Citizen News, a newspaper having general circulation in The City of Dalton and the official organ of Whitfield County, Georgia, the legal situs of The City of Dalton; that the attached notice of proposed charter amendment was duly published in said newspaper once a week for three weeks within a period of sixty days immediately preceding December 1, 1975, and appeared in said newspaper in its issues of November 7, 14, and 21, 1975. This 25th day of March, 1976. /s/ Mark Pace Sworn to and subscribed before me, this 24th day of March, 1976. /s/ Louise B. Hackney Notary Public. (Seal). Filed in office of Secretary of State March 29, 1976. CITY OF EAST POINTCHARTER AMENDEDMAYOR'S VETO. An Ordinance. An Ordinance to amend the Charter of the City of East Point pursuant to the Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) amending the Chater 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 approved March 21, 1974, (Ga. L. 1974, p. 2497, et seq.) to amend section 11 of the Charter contained therein; to prohibit reconsideration

Page 4616

of a matter for a period of ninety (90) days to a matter vetoed and upheld without unanimous consent of all Councilmen present and except in a case of substantial change or condition material to the subject matter of such measure; to repeal conflicting laws and 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, Fulton County, Georgia and approved on August 19, 1912, (Ga. L. 1912, p. 862, et seq.) as amended and especially that act approved March 12, 1974 (Ga. L. 1974, p. 2497, et seq.) is hereby amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) to provide as is hereinafter set forth by striking section 11 of the charter as embodied in Ga. L. 1974, p. 2500, et seq. and inserting in lieu thereof a new section 11 which shall read as follows: Section 11. Veto by Mayor. The Mayor shall have power to veto an action of the City Council except its appointment of officers and employees and except in an impeachment resolution against the Mayor, or a resolution of removal of the Mayor; and no act shall take effect over such veto unless subsequently passed by the affirmative vote of at least five (5) Councilmen on a yea and nay vote duly recorded in the minutes of the City Council at the next regular meeting, and said measure shall not again be considered or acted upon within less than ninety (90) days with unanimous consent of all Councilmen who are present, except in case of a substantial change of condition material to the subject matter of such measure; and unless disapproved by the Mayor's veto filed in writing with the City Clerk by the conclusion of the third day after the date such action was taken, with the reasons for withholding his assent, shall take effect as if signed and approved by the Mayor, but if he approves it, the measure shall go into effect immediately upon such approval; unless affirmatively asserted by the Mayor his

Page 4617

approval shall be assumed; in the event of a veto such action shall stand disapproved until and unless such measure shall again be passed as aforesaid by affirmative vote of at least five (5) Councilmen. Section 2. Upon its adoption all charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading 7-6-76. Second Reading 7-19-76. GNS 5/76 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, same is hereby approved this 19th day of July, 1976. /s/ Bruce Bannister Mayor 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 original thereof, adopted on the 19th day of July, 1976, 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 3rd day of August, 1976. /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 an ordinance to amend the Charter of the City of East Point pursuant to the Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) amending the 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

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and particularly that act approved March 21, 1974, (Ga. L. 1974, p. 2497, et seq.) to amend section 11 of the Charter contained therein; to prohibit reconsideration of a matter for a period of ninety (90) days to a matter vetoed and upheld without unanimous consent of all councilmen present and except in a case of substantial change or condition material to the subject matter of such measure; to repeal conflicting laws and 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 proposed ordinance. The ordinance will be considered the first time at the regular meeting of the City Council of the City of East Point on 7-6-76, 1976, and will be considered for final adoption at the regular meeting of said City Council on July 19, 1976. Marjorie Snyder, City Clerk City of East Point, Georgia 1353, 6/10, 6/17, 6/24. Georgia, Fulton County. Personally appeared before the undersigned, a notary public within and for said county and State Gerald W. 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 the Municipal Home Rule Act a true copy of which is

Page 4619

hereto annexed, was published in said newspaper in its issue of the 10, 17, and 24 day of June, 1976. /s/ Gerald W. Crane, Publisher Sworn to and subscribed before me this 27th day of July, 1976. /s/ Janet M. Lewis Notary Public, Georgia, State at Large. My Commission expires Aug. 20, 1979. (Seal). 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 an ordinance to amend the Charter of the City of East Point pursuant to the Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) amending the 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 approved March 21, 1974, (Ga. L. 1974, p. 2497, et seq.) to amend section 11 of the Charter contained therein; to prohibit reconsideration of a matter for a period of ninety (90) days to a matter vetoed and upheld without unanimous consent of all councilmen present and except in a case of substantial change or condition material to the subject matter of such measure; to repeal conflicting laws and 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 proposed ordinance.

Page 4620

The ordinance will be considered the first time at the regular meeting of the City Council of the City of East Point on 7-6-76, and will be considered for final adoption at the regular meeting of said City Council on July 19, 1976. Marjorie Snyder, City Clerk City of East Point, Georgia June 10, 17, 24, 1976. Georgia, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 10, 17, 24 days of June, 1976 as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 22 day of July, 1976. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission expires Nov. 16, 1979. (Seal). Filed in office of Secretary of State August 5, 1976. CITY OF EAST POINTCHARTER AMENDEDSALARIES. An Ordinance. An Ordinance adopted pursuant to the Municipal Home Rule Act of 1965, (Ga. L. 1965, p. 298, et seq.) to amend an Act establishing a Charter for the City of East Point, Georgia approved August 19, 1912, (Ga. L. 1912, p. 862 et seq.) and several Acts amendatory thereof and especially the Act approved March 9, 1972, (Ga. L. 1972,

Page 4621

pp. 2151, et seq.) and especially that Act approved April 9, 1973 (Ga. L. 1973, pp. 2577, et seq.) to set the salaries and other compensation payable to the Mayor and Council; to provide for compliance with Municipal Home Rule Act of 1965; to repeal conflicting laws and for other purposes: Be it ordained by the City Council of the City of East Point that: Section 1. An act establishing a new charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof and especially the Act approved March 9, 1972 (Ga. L., 1972, pp. 2151, et seq.) and especially that Act approved April 9, 1973 (Ga. L. 1973, pp. 2577, et seq.) is hereby further amended by striking section 19 of the Charter of the City of East Point and inserting in lieu thereof a new section 19 which shall read as follows: Section 19. Salaries of Mayor and Council. Exclusive of the premiums paid by the City on group insurance, the Mayor shall receive an annual salary of five thousand two hundred dollars (5,200.00), and the Mayor's salary shall not be reduced during his term of office. Each Councilman shall receive an annual salary of two thousand six hundred dollars ($2,600.00), exclusive of premiums paid by the City of group insurance. Said salaries for the Mayor and Councilmen shall be paid in equal bi-weekly installments. In addition to the annual salary set forth above, the Mayor shall receive an annual expense allowance of one thousand three hundred dollars ($1,300.00), payable bi-weekly; and each Councilman shall be paid an annual expense allowance of one thousand two hundred dollars ($1,200.00), payable bi-weekly. Section 2. Upon its adoption this Ordinance shall become effective on January 1, 1977. Section 3. The City Clerk of said city is herey directed to publish a notice containing a synopsis of this proposed

Page 4622

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 (3) weeks within a period of sixty (60) days immediately preceding the final adoption of this Ordinance. The City Clerk shall also run a notice in a newspaper of general circulation in the City of East Point, Georgia at least once a week for three (3) consecutive weeks immediately preceding the week during which such action is to be taken. Said 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 clerk is further directed to furnish anyone upon written request a copy of this proposed Ordinance. Section 4. The City Clerk upon adoption of this Ordinance shall within thirty (30) days thereafter send two (2) certified copies of this Ordinance to the Secretary of State of the State of Georgia, as provided by law. Section 5. All ordinances, laws or parts of laws and ordinances in conflict herewith are hereby repealed. /s/ Marjorie Snyder City Clerk Introduced March 22, 1976 Public Hearing May 3, 1976. Adopted May 17, 1976. GNS 3-76 Public Notice. Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an Act establishing the charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, pp. 2151, et seq.), and especially an Act approved April 9, 1973 (Ga. L. 1973, pp. 2577, et seq.),

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so as to set the salaries of mayor and council; to repeal conflicting laws and for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, City Hall, East Point, Georgia, and at the office of the Clerk of the Superior Court of Fulton County, Fulton County Court-house, Atlanta, Georgia for examination and inspection by the public or any interested party. The City Clerk of said city will furnish anyone upon written request with a copy of the proposed ordinance. The ordinance will be considered for the first time at the regular meeting of the City Council of said city on the 3 day of May, 1976, and will be considered for final adoption at the regular meeting of said City Council on the 17 day of May, 1976. /s/ Marjorie Snyder City Clerk City of East Point Apr 1, 8, 15, 1976. 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 1st 8th, 15th days of April, 1976, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 21st day of May, 1976. /s/ Frances K. Beck Notary Public, Georgia, State at Large. My Commission expires Jan. 11, 1980. (Seal).

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Public Notice. Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an act establishing the charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, pp. 2151, et seq.), and especially an Act approved April 9, 1973 (Ga. L. 1973, pp. 2577, et seq.), so as to set the salaries of mayor and council; to repeal conflicting laws and for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, City Hall, East Point, Georgia, and at the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public or any interested party. The City Clerk of said city will furnish anyone upon written request with a copy of the proposed ordinance. The ordinance will be considered for the first time at the regular meeting of the City Council of said city on the 3rd day of May 1976, and will be considered for final adoption at the regular meeting of said City Council on the 17th day of May, 1976. Marjorie Snyder City Clerk City of East Point 1321 4/1, 4/8, 4/15/76 4/22, 4/29 Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. 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 East Point #1321Public Notice Municipal Home Rule Act of 1965 a true copy of which is hereto

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annexed, was published in said newspaper in its issue of the 1, 8, 15, 22, 29 day of April, 1976. /s/ Gerald W. Crane Publisher Sworn to and subscribed before me this 21st day of May 1976. /s/ Janet M. Lewis Notary Public, Georgia, State at Large. My Commission expires Aug. 20, 1979. (Seal). Filed in office of Secretary of State May 26, 1976. CITY OF FRANKLINCHARTER AMENDEDRECORDER'S COURT. An Ordinance. An Ordinance to amend the Charter of the City of Franklin, Georgia, by providing for the appointment of a Judge of the Recorder's Court; to set the terms and qualifications of said Judge; to set the maximum amount of fine and/or punishment to be levied for any offense and for other purposes. Be it ordained by the Mayor and Members of the City Council of the City of Franklin and it is hereby ordained by authority of the same that section 15 of the Charter of the City of Franklin (Ga. L. 1964, pages 2299-2322) is hereby repealed in its entirety and a new section 15 is herebdy adopted to read as follows: Section 15. There may be established in the City of Franklin a recorder's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth.

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(a) Said court shall be held as often as necessary for the trial of offenders. A judge appointed by majority vote of the Mayor and Members of the City Council shall preside over said court. Said judge shall be a person over the age of twenty-one years, upright and intelligent and shall not be an elected official of the City of Franklin. The term of office shall be for one year or until a duly qualified successor is appointed by a majority vote of the Mayor and Council. The chief police officer of the city or other police officer shall attend said court and perform all such duties therein and in the enforcement of its sentence as they may be required by ordinances of said city or by orders of the judge of said court. (b) The jurisdiction limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdiction limits. (c) The judge of the recorder's court shall have the power and authority to punish for contempt by a fine not exceeding Five Hundred ($500.00) Dollars and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. (d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding Five Hundred ($500.00) Dollars and to imprisonment in the prison of said city or in the common jail of Heard County, not exceeding thirty (30) days, and to work and labor on the streets or public works of said city, whether within or without the corporate limits, not exceeding thirty (30) 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 that 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

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issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (e) All cases made in said court shall be in the name of the City of Franklin; all warrants for offenses against the laws and ordinances of said city shall be signed by the presiding officer of said court, or by the mayor of said city, or some officer authorized by law to issue state warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the recorder, clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the judge of said court. However, uniform traffic citations as defined in Georgia Code Section 92A-2701 may be used as provided by law. (f) The judge of the recorder's court shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Heard County for trial, to assess bail for his appearance, and to commit to the jail of Heard County, in default of bond. (g) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (h) Said court shall have the power to fix bail, accept bond for the appearance of defendant, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court, and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue

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a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said state, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter, that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said city. Said court shall have power to issue warrants for the rearrest of any defendant whose bond has forfeited. (i) Said court shall have full power and authority, and the council is hereby empowerd to adopt such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. (j) Parties dissatisfied with the decision of the recorder's court may petition for a writ of certiorari to the Superior Court of Heard County as provided by law. (k) The compensation of said judge shall be set by a majority vote of the Mayor and Members of the Council. The compensation shall in no way be set or determined by the amount of any fines levied by said court. Be it further ordained that all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

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Read for the first time and adopted in open session this 5th day of February, 1976. /s/ Webster Denney Mayor /s/ Thomas Awbrey /s/ Truitt Davis /s/ Johnny Pike /s/ Sherman Eley /s/ Melson Goodson Councilmen Attest: /s/ Peggy Heard City Clerk Read for the second time and adopted in open session this 4th day of March, 1976. /s/ Webster Denney Mayor /s/ Thomas Awbrey /s/ Truitt Davis /s/ Johnny Pike /s/ Sherman Eley /s/ Melson Goodson Councilmen Attest: /s/ Peggy Heard City Clerk I, Peggy Heard, Clerk of the City of Franklin, do hereby certify that the foregoing five pages is a true and correct copy of the ordinance amending the City Charter of Franklin and that the same was duly adopted by votes by the Mayor and Council of the City of Franklin at two consecutive meetings of the Mayor and Council of the City of Franklin held on February 5, 1976, and March 4, 1976. This 27 day of March, 1976. /s/ Peggy Heard Clerk, City of Franklin

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Georgia, Heard County. Personally appeared before me the undersigned authority duly authorized to administer oaths, B. T. McCutchen, who, on oath, deposes and says that he is the editor and publisher of the Franklin News and Banner which is the official organ of Heard County, and that the following notice to amend the Charter of the City of Franklin was published in the Franklin News and Banner on the following dates: February 11, 1976; February 18, 1976; and February 25, 1976; to-wit: Notice is hereby given that a proposed amendment to the City Charter of Franklin will be considered by the Mayor and City Council of the City of Franklin which will amend the Charter of the City of Franklin to provide for the creation of a Recorder's Court and to provide for the appointment of a judge of said court; to set the terms and qualifications of said judge; and to set the maximum amount of fine and/or punishment to be levied for any offense. A copy of said proposed amendment is on file in the office of the Clerk of the City of Franklin and the office of the Clerk of the Superior Court of Heard County for the purpose of examination and inspection by the public. The clerk of the City of Franklin will furnish to anyone, upon written request, a copy of the proposed amendment. This 6th day of February, 1976. /s/ B. T. McCutchen Sworn to and subscribed before me this 29 day of March, 1976. /s/ Myra A. Denney Deputy Clerk Heard Superior Court. Filed in office of Secretary of State April 2, 1976.

Page 4631

TOWN OF HARALSONCHARTER AMENDEDRECORDER'S COURT. An Ordinance. An Ordinance to amend the Charter of the Town of Haralson, Georgia (Ga. L. 1907, p. 694) by providing for the appointment of a Judge of the Recorder's Court; to set the terms and qualifications of said judge; to set the maximum amount of fine and/or punishment to be levied for any offense, and for other purposes. Be it ordained by the Mayor and Town Council of the Town of Haralson and it is hereby ordained by authority of the same that section 12 of the Charter of the Town of Haralson (Ga. L. 1907, p. 694) is hereby repealed in its entirety and a new section 12 is hereby adopted to read as follows: Section 12. There may be established in the Town of Haralseon a recorder's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. (a) Said court shall be held as often as necessary for the trial of offenders. A judge appointed by majority vote of the Mayor and Members of the Town Council shall preside over said court. Said judge shall be a person over the age of twenty-one years, upright and intelligent and shall not be an elected official of the Town of Haralson. The term of office shall be for one year or until a duly qualified successor is appointed by a majority vote of the Mayor and Council. The chief police officer of the town or other police officer shall attend said court and perform all such duties therein and in the enforcement of its sentence as they may be required by ordinances of said town or by orders of the judge of said court. (b) The jurisdiction limits of said court shall include the corporate limits proper of said town; and said court shall have jurisdiction to try offenses against the laws

Page 4632

and ordinances of said city, committed within the said jurisdiction limits. (c) The judge of the recorder's court shall have the power and authority to punish for contempt by a fine not exceeding Five Hundred ($500.00) Dollars and imprisonment in the prison of said town or in the common jail of Coweta County not to exceed ten (10) days, either or both, in the discretion of said court. (d) Upon the conviction of any defendant of violation of any law or ordinance of said town, said court shall have the right to sentence said defendant to pay a fine not exceeding Five Hundred ($500.00) Dollars and to imprisonment in the prison of said town or in the common jail of Coweta County, not exceeding thirty (30) days, and to work and labor on the streets or public works of said town, whether within or without the corporate limits, not exceeding thirty (30) 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 that 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 town treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (e) All cases made in said court shall be in the name of the Town of Haralson; all warrants for offenses against the laws and ordinances of said town shall be signed by the presiding officer of said court, or by the mayor of said town, or some officer authorized by law to issue state warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the recorder, clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the judge of said court. However, uniform traffic citations as defined in Georgia Code section 92A-2701 may be used as provided by law.

Page 4633

(f) The judge of the recorder's court shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Coweta County for trial, to assess bail for his appearance, and to commit to the jail of Coweta County, in default of bond. (g) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said town; and may issue attachments where necessary to secure the attendance of witneses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said town shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (h) Said court shall have the power to fix bail, accept bond for the appearance of defendant, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said state, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said town. And where any person charged with an offense against the laws or ordinances of said town has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said town. Said court shall have power to issue warrants for the rearrest of any defendant whose bond has forfeited.

Page 4634

(i) Said court shall have full power and authority, and the council is hereby empowered to adopt such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. (j) Parties dissatisfied with the decision of the recorder's court may petition for a writ of certiorari to the Superior Court of Coweta County as provided by law. (k) The compensation of said judge shall be set by a majority vote of the Mayor and Members of the Council. The compensation shall in no way be set or determined by the amount of any fines levied by said court. Be it further ordained that all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Read for the first time and adopted in open session this 11th day of February, 1976. /s/ W. J. Estes Mayor /s/ W. W. Gable /s/ Davis Camp /s/ John W. Hutchinson Councilmen Attest: /s/ Bruce R. Williams City Clerk Read for the second time and adopted in open session this 8th day of March, 1976. /s/ W. J. Estes Mayor /s/ W. W. Gable /s/ Davis Camp /s/ John W. Hutchinson Councilmen Attest: /s/ Bruce R. Williams City Clerk

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Georgia, Coweta County. Personally appeared before me the undersigned authority duly authorized to administer oaths, E. B. Thomasson, who, on oath, deposes and says that he is the publisher of the Newnan Times-Herald which is the official organ of Coweta County, and that the following notice to amend the Charter of the Town of Haralson was published in the Newnan Times-Herald on the following dates: February 5, 1976; February 12, 1976; and February 19, 1976, to-wit: Notice is hereby given that a proposed amendment to the Town Charter of Haralson will be considered by the Mayor and Town Council of the Town of Haralson which will amend the Charter of the Town of Haralson to provide for the creation of a Recorder's Court and to provide for the appointment of a judge of said court; to set the terms and qualifications of said judge; and to set the maximum amount of fine and/or punishment to be levied for any offense. A copy of said proposed amendment is on file in the office of the Clerk of the Town of Haralson and the office of the Clerk of the Superior Court of Coweta County for the purpose of examination and inspection by the public. The Clerk of the Town of Haralson will furnish to anyone, upon written request, a copy of the proposed amendment. This 3rd day of February, 1976. /s/ E. W. Thomasson Sworn to and subscribed before me this 12th day of March, 1976. /s/ Lori T. Garmany Notary Public. (Seal). Filed in office of Secretary of State March 26, 1976.

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TOWN OF IRWINTONCHARTER AMENDMENTHIRING OF TEMPORARY POLICE OFFICERS. An Ordinance. An Ordinance providing for the amendment of Article III of the Charter of the Town of Irwinton in order to provide for the hiring of a chief of police and other police officers on a temporary, trial basis, not to exceed six (6) months: to provide that, at any time up to and including the six (6) months trial period, the Mayor and Board of Aldermen shall have the power to discharge the chief of police or any other police officer without cause. Be it ordained by the Mayor and Board of Aldermen of the City of Irwinton, Wilkinson County, Georgia, and it is ordained by authority of the same, that an amendment to Article II of the Charter of the said City be and is hereby adopted in accordance with the Municipal Home Rule Law, as follows: Section One. Section 3-5 of the Charter of the Town of Irwinton is hereby amended by the addition of the following paragraph which shall be designated as Paragraph 3 of section 3-5: The Mayor and Board of Aldermen shall have the power to appoint a chief of police and other such officers and men as the Mayor and Board of Aldermen may prescribe, said appointment shall be for a temporary term not to exceed six (6) months. During the said temporary employment term of six (6) months, the chief of police or any other officer appointed by the Mayor and Board of Aldermen may be discharged without cause. This ordinance shall take effect and be enforced from and after its passage and publication according to law. Passed by the Mayor and Board of Aldermen of the

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City of Irwinton on the 4th day of October, 1976, and on the 2nd day of November, 1976. /s/ Richard Drexel, Mayor /s/ Lindsey E. Parker, Jr. Alderman /s/ Ronald L. Chambers Alderman /s/ Taylor Justice Alderman /s/ Colon Wilson Alderman Attest: /s/ Mrs. Nina P. Maxey Clerk Public Notice to Residents of the City of Irwinton. Notice is hereby given that the Mayor and Board of Aldermen of the City of Irwinton proposed to amend Article III of the Charter of the City of Irwinton to provide for the temporary employment of a chief of police or other police officers for a period not to exceed six (6) months; and to provide that during said six (6) months period of temporary employment, the Mayor and Board of Aldermen shall have the authority to discharge the chief of police or any other police officer appointed by the Mayor and Board of Aldermen, without cause. A copy of the proposed amendment is on file for examination and inspection by the public in the Office of the Town Clerk, Mrs. Nina P. Maxey, Professional Building, Irwinton, Georgia. A copy of said Ordinance is also on file for purposes of examination and inspection by the public in the Office of the Clerk of the Superior Court of Wilkinson County, Georgia. This notice is given pursuant to the provisions of Chapter

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69-10 of the Code of Georgia, Annotated, concerning charter amendments of municipalities pursuant to their Home Rule Powers. /s/ Mrs. Nina P. Maxey, Clerk, City of Irwinton. Public Notice to Residents of the City of Irwinton. Notice is hereby given that the Mayor and Board of Aldermen of the City of Irwinton propose to amend Article III of the Charter of the City of Irwinton to provide for the temporary employment of a chief of police or other police officers for a period not to exceed six (6) months; and to provide that during said six (6) month period of temporary employment, the Mayor and Board of Aldermen shall have the authority to discharge the chief of police or any other police officer appointed by the Mayor and Board of Aldermen, without cause. A copy of the proposed amendment is on file for examination and inspection by the public in the Office of the Town Clerk, Mrs. Nina P. Maxey, Professional Building, Irwinton, Georgia. A copy of said Ordinance is also on file for purposes of examination and inspection by the public in the Office of the Clerk of the Superior Court of Wilkinson County, Georgia. This notice is given pursuant to the provisions of Chapter 69-10 of the Code of Georgia, Annotated, concerning charter amendmentments of municipalities pursuant to their Home Rule Powers. Mrs. Nina P. Maxey, Clerk City of Irwinton. Dec. 6, 1976 Georgia, Wilkinson County. This is to certify that the attached legal advertisement was published in the official organ of Wilkinson County,

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The Wilkinson County News, on the following dates: October 14, 1976, October 21, 1976, October 28, 1976. /s/ Mrs. Hazel C. Connell, Gen. Mgr. /s/ Mrs. Mary Curry Myrick, Notary Public. Filed in office of Secretary of State December 27, 1976. CITY OF LEESBURGCHARTER AMENDEDRECORDER'S COURT. An Ordinance. An Ordinance adopted under the provisions of The Municipal Home Rule Act of 1965, amending the Charter of the City of Leesburg, Georgia, so as to provide that a Recorder's Court may be established; that officers and procedures may be designated; jurisdiction may be defined; penalties may be prescribed; powers of the officers may be established and defined; and for other purposes. Be it ordained by the City of Leesburg by and through its council, and it is hereby ordained by the authority of same. Section 1. Section 1.13 (33) of the Charter of the City of Leesburg, Georgia is amended by adding at the end of said section a new paragraph to be numbered paragraph (46) to read as follows: (46) Police and or Recorder's Court; Officers: Procedures, Etc. There shall be and there is hereby established in and for the City of Leesburg to be conducted in such manner and at such time, except Sunday as the board of City Council may prescribe, a city Recorder's Court in which the mayor, or in the event that a city recorder is appointed

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by the City Council, then the recorder, shall be the presiding officer, in case of the absence or disability of the presiding officer for any cause, any meeting of the City Council designated by the City Council shall preside. The procedure in said court, with reference to the conduct and trial of cases therein, not in conflict with this section of the Charter or the general law shall be prescribed by the City Council or by rule or order of the presiding officer thereof not in conflict with the Charter or City Ordinance on the subject, and the City Council shall have the power to provide by ordinance for the compulsory attendance of all persons violating any municipal ordinance before said recorder's court, by summons or copy of charges, to answer the offense charged, and when employed, such summons or copy of the charges shall be issued as provided for subpoenas and shall contain a summary or simple statement of the offense charged, and disobedience of said summons or copy of charges shall be punished as provided for disobedience of subpoenas. (1) Jurisdiction: Authority to Punish: Extent of Penalty, Etc. Said recorders court shall have jurisdiction to try all offenders against the laws and ordinances of the City of Leesburg committed within the corporated limits or police jurisdiction, and to punish persons convicted in said court of violating such laws and ordinances in a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the guardhouse, city prison or other place provided, or by compulsory labor on the streets or other public works not to exceed ninety (90) days and either one or more of such punishments may be imposed, or the several punishments may be cumulative, or the fines may be imposed with alternative of such imprisonment or compulsory labor or coerced or enforced by said punishment or labor; provided, that the punishments, within the limits prescribed, shall only be imposed by said court in the amount and manner prescribed by the penal ordinances of said city, but in the event no penalty be provided for the doing of which is made unlawful by ordinances, the court shall have power to proceed to impose the punishments as herein enumerated. The jurisdiction

Page 4641

of said recorders court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of the State of Georgia, when such charge is entered upon the docket of said court and when the offense is alleged to have been committed within the corporate or police limits of the city, and provided such charges are made in writing and verified to the best of the knowledge and belief of the person making the same. (2) Powers of Presiding Officer Generally: Contempt, Etc. The presiding officer of said court shall have the same power as judges of the superior court of this state to punish for contempt of said city recorder's court by a fine not to exceed $25.00 or imprisonment in the city guardhouse, city prison, or other place provided, or in Lee County jail not to exceed 10 days, and either or both of said punishments may be imposed in the discretion of the court, or the fine may be imposed with the alternative of such imprisonment, or coerced by such imprisonment. Said presiding officer of said court shall be to all intents and purposes a justice of the peace in so far as to enable him issue warrants for offenses committed within the City of Leesburg or its police jurisdiction against the penal laws of this state, this either before a hearing or trial of the charge in said recorder's court; provided, the affidavit required by law to obtain warrants is frist made before said presiding officer, which warrant may be executed by any member of the police force of the city. Said presiding officer of said court as such ex officio justice of the peace, shall have the power and authority to commit to the jail of Lee County offenders against the law of the State of Georgia, and to admit them to bail, in bailable cause, for their appearance at the next term of the court of competent jurisdiction to be held in and for the County of Lee, after legal investigation, and shall, if the evidence in the trial of an offense against the ordinances of the city discloses the violation of any state law, have the power to bind the defendant over as above set forth.

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(3) Powers of Presiding Officer as to Penalties: The presiding officer of said court shall have the right and power to vacate or reduce penalties imposed by him at any time he deems such action to be in the interest of justice. He shall also have the power to suspend sentences and to permit them to be served on probation; and may affix to such suspension or probation such terms and conditions of suspension or probation as he shall consider reasonable and proper, including, but not limited to, those conditions of probation which Superior Court judges are authorized by law to impose. He may revoke any suspended or probated sentence for breach of condition after reasonable notice and hearing and require the remainder of the sentence to be served or carried out. Not withstanding any of the foregoing provisions, however, no fines which have been paid and collected shall be refunded in whole or in part except by the City Council upon the written recommendation of the presiding officer who imposed the fine. (4) Dockets: Notice of Accusation, Etc. There shall be kept in such Court one or more dockets, upon which shall appear the names of each person arrested by the officers and members of the police force in the city for any offense against the municipal ordinances or penal law, and such person brought before said court by summons, warrant or other right issued therefrom, to answer for the violation of any ordinance of the city or any state penal law, together with the names of the witnesses against them, and a summary or simple statement of the offenses with which they are charged, which statement shall be deemed sufficient notice to or accusation of the accused, provided, the City Council may prescribe such additional notice or accusation as they may deem proper. Upon the trial of such persons the sentence imposed or the disposition of the same shall be entered in writing opposite the name and charge, by the presiding officer of said court, which respective entries signed by the presiding officer shall constitute the judgment of the recorder's court in such respective case.

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(5) Authority to Compel Attendance by Subpoena, Disobeying Subpoena, Etc. Said court shall have the power to compel the attendance of witnesses in all proceedings before the court by subpoena (which subpoena) may be issued by the chief of police or any member of the police force or city clerk, and shall bear test in the name of the presiding officer and shall contain a brief statement of the case, the time set for the trial or hearing and the time at which the person subpoenaed shall appear. The presiding officer of said court shall have the power to punish any person disobeying said subpoena of court, within the limits of punishment in this Act prescribed. Such subpoena shall be served by any officer or member of the police force of the city. Any person who may be charged with contempt of court as hereinafter provided, may be arrested, by an attachment or warrant written or signed by the presiding officer in said court, which said attachment or warrant may be executed by any member of the police force. (6) Ministerial Officers. The ministerial officers of said court shall be the chief and other members of the police force, any of whom may execute the mandates of the court and to whom, in the alternative, all mesne and final processes shall be directed. (7) Right of Certiorari: The right of certiorari from the decision and judgment of the recorder's court shall exist in all cases and shall be exercised under the provision of the laws of the State of Georgia in such cases made and provided. (8) Forfeiture of Appearance Bond. In any case where any person has deposited a sum of money as a bond for the appearance in said recorder's court of a person charged with an offense which said court has jurisdiction to try, such sum of money shall be

Page 4644

forfeited by the owner thereof and to be paid over by said recorder's court to the city treasurer as the property of the City of Leesburg, in the event the party does not appear at the time appointed, for whose appearance such sum of money was deposited as a bond. (9) Failure to Appear: Scire Facias When any bond is given by any person charged with an offense against the ordinanecs or arrested for such offense, for his or her appearance at any session of the recorder's court, and such person so giving bond shall fail to appear at the time appointed in said bond for his or her appearances, then the presiding officer in said court shall issue a scire facias against the principal as and his or her security calling on them to show cause, in said court at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the police force of the City of Lessburg at least two days prior to the return day thereon upon the principal and sureties personally or in the absence of either from the county or state, then by one newspaper publication of said scire facias two days before the return thereof. If at the return time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against said principal and his or her sureties. On the entering of said judgment the city clerk shall issue execution against the principal and his surety, in conformity with such judgment, and in the form and manner prescribed for execution issued by the city for taxes, and which execution shall be placed in the hands of the chief of police who shall proceed to collect the same as tax executions are collected by the city. (10) Sentences involving Labor: Persons sentenced to labor by said recorder's court shall be turned over to the superintendent of streets or other officer in charge of the streets and public works, to be put to work on said streets or public works in or around said City.

Page 4645

(11) Costs: The City Council of the City of Leesburg shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into said recorder's court, such as are incident and lawfully chargable to the prosecution of said case. (12) Failure to Pay Fine or Cost: Collection: Upon the failure or refusal of any person to pay any fine or cost imposed by said recorder's court the same may, in addition to other methods, be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city, and sales thereunder shall be conducted in the same manner. (13) Issuance of Warrant for Violation of Ordinances: Upon complaint being filed with the recorder or Mayor, or in their absence or disability to act, any member of the City Council by affidavit or such other manner as he may require that any person has violated any municipal ordinance or law, said Mayor or recorder shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police, his deputy or any member of the police force of the City and shall be signed by said Mayor or recorder. The City Council of Leesburg may also appoint one or more persons as warrant commissioners who shall be authorized to issue warrants for violations of city ordinances upon affidavit of a complainant that such offense has been committed. Said Warrant Commissioner shall not be sworn or uninformed police officers, and shall have no duties in regard to the prosecution, conviction or punishment of offenders against City ordinances. This the 7th day of September, 1976. /s/ C. W. Hopkins Mayor
Page 4646

/s/ R. W. Hartley Councilman /s/ Hugh Stovall, Sr. Councilman /s/ W. K. Culpepper Councilman /s/ Lee Shiver Councilman /s/ Bobby F. Wilson Councilman I, Catherine Spillers, City Clerk of Leesburg, Georgia do hereby certify that the foregoing is a true and correct copy of the Ordinance passed at the regular session of City Council on September 7, 1976. Witness my hand and Seal this 9th day of September 1976. /s/ Catherine Spillers, Clerk (Seal). Legal Notice. Notice is given that there has been filed with the Clerk of the City of Leesburg, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend section 1.13 (33) of the Charter so as to provide for the establishment of a Recorder's Court; to designate officers and procedures under which it shall operate and to define jurisdiction; penalties may be prescribed and powers of officers may be established and defined. A copy of such ordinance is on file in the office of the Clerk of the City of Leesburg, Georgia, and a copy thereof is also on file in the office of the Clerk of the Superior Court of Lee County, Georgia, and such ordinance is available at either of said places for the purpose of examination or inspection by the public. City of Leesburg By: J. M. Forrester, City Attorney Aug. 12, 19, 26, 1976

Page 4647

Georgia, Lee County. Personally appeared before the undersigned, an officer authorized to administer oaths in said State and County, Barbara C. Jones who having been duly sworn, states that she is Business Manager for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Leesburg, and the paper in which Sheriff's advertisements for Lee County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: August 12, 19, 26, 1976. /s/ Barbara C. Jones Sworn to and subscribed before me this the 30 day of August, 1976. /s/ Pauline Black Notary Public, State of Georgia My Commission expires May 27, 1977. Filed in office of Secretary of State September 16, 1976. CITY OF MACONCHARTER AMENDEDPENSION PLAN. An Ordinance. An Ordinance of the Mayor and Council of the City of Macon, adopted under and by virtue of the authority granted the City under the municipal Home Rule Act of 1965 (Ga. L. 1965 page 298 et seq. as amended) section 69-1017 et seq., Georgia Code 1933, annotated as amended, to amend the Charter of the City of Macon as the same may have heretofore been amended, so as to provide for a more definite formula to determine city contributions to the pension plan for city employees; to provide for a change in the cost of living adjustments in the pension

Page 4648

plan; to further define who is eligible to participate in the plan; to define past service which will receive credit for pension plan purposes; to provide an effective date; to repeal conflicting provisions; and for other purposes. Be it ordained by the Mayor and Council of the City of Macon, and it is hereby ordained by the authority of the same, that under and by virtue of the Municipal Home Rule Act of 1965 (Ga. L. 1965, page 298 et seq., as amended) section 69-1017, et seq., Georgia Code, 1933, Annotated, as amended, the Charter of the City of Macon as set forth in an act of the General Assembly of Georgia, approved August 3, 1927 (Ga. L. 1927 page 1283 et seq.) as amended, is hereby further amended so as to provide for a more definite formula to determine contributions by the City to the Pension Plan for City employees; to provide for a change in the cost of living adjustments in the Pension Plan; to further define who is eligible to participate in the plan; and to define past service which will receive credit for pension plan purposes as follows: Section 1. Section 1.1 Paragraph (h) of Article I of Division A of the Macon Pensions and Retirement System relating to service shall be amended by adding the following new paragraph to the end of the existing provision: 1.1, Paragraph (h). Each employee who is a member of this plan who has worked for a joint City-County Office or who has worked for the City of Macon, and has service for which credit has not been granted in the past due to a break in service may re-establish his service may re-establish his service effective as of January 1, 1977 by paying within sixty (60) days after said date the amount of employee contributions, as determined by the Retirement Committee in order to establish and reinstate any broken service not previously credited. Section 2.1 of Article II of Division A of the Macon Pensions and Retirement System shall be amended by striking the figure 55th and substituting the term 56th. Section 2.2 shall be amended by adding the following paragraph:

Page 4649

All employees of the Planning and Zoning Commission are eligible to participate in the Plan on January 1, 1977 and will remain a participant if he so elects, as long as he continues to be an employee and thereafter, as long as he retains any rights to benefits under the Plan. Each Employee will have the right to establish his years of Past Service prior to January 1, 1977, by making the appropriate Employee Contribution to the Plan as determined by the Retirement Committee. If the employee elects not to make such a contribution, then service for benefit purposes as well as eligibility purposes will commence with January 1, 1977. An employee electing to receive Past Service Credits, shall pay within sixty (60) days into the Pension Fund the sum of money equal to the amount so determined by the Retirement Committee. Section 3.2 shall be amended by adding the following paragraph to the existing paragraph: In addition to the above, the City will contribute in behalf of each Employee an amount based on compensation in excess of $9,000.00, but not in excess of the Social Security Wage Base, to be the acturial equivalent of 3% of such compensation based on the actuarial assumptions used in the previous actuarial certification. This additional contribution to be made by the Employer will not exceed 3% of compensation as described above in any event. Section 7.4 which provides for Cost of Living Adjustment, starting with if the Index Ratio is equal to 1.02 to the end of section 7.4 is hereby repealed and stricken, and there is hereby enacted, in lieu thereof, the following new provision, relating to the same subject matter: If the Index Ratio is equal to.95 or less, each retiree's monthly payment shall be descreased by the amount of the Index Ratio for that year. If the Index Ratio is between.95 and 1.00, then the retirement payment shall not be decreased for the forthcoming year. In this event, the Consumer Price Index for the following years would be accumulated until the decrease of.95 is reached, or

Page 4650

until an increase of greater than 1.00 is obtained, then at that time an adjustment will be made. If the Index Ratio is between 1.00 and 1.015 or greater than 1.015, then the retirement payment shall be increased by 1.015 for the forthcoming year. In any year where the Consumer Price Index is greater than 1.00, an accumulation of below 1.00 would automatically be eliminated. This set of mechanics would therefore avoid the necessity of decreasing benefits downward unless as much as a.05 or more adjustment is warranted. Also, any increase would be a standard 1.015 as long as the Consumer Price Index is positive. Section 2. The amendment to the Charter of the City of Macon, adopted by this ordinance, shall become effective January 1, 1977 upon its final adoption by Council, approval thereof by the Mayor and filing with the Secretary of State of Georgia in the Office of Bibb County, Georgia, Superior Court Clerk, as required by section 69-1020, Code of Georgia, 1933, Annotated (Ga. L. 1965, page 298, et seq., as amended). Section 3. All Charter provisions and ordinances of the City of Macon in conflict with the provisions of this ordinance are here repealed. Duly adopted by Council on the 12th day of October, 1976 and on the 18th day of October, 1976. Adopted this 12th day of Oct. 1976. /s/ Eugene Dunwoody President, City Council Approved this 15th day of October 1976. /s/ Buckner F. Melton Mayor Submitted to Mayor's office Oct. 15, 1976. City of Macon, Ga. I do hereby certify that the above and foregoing ordinance

Page 4651

was duly passed at the regular meeting of the Council of the City of Macon. Held Oct. 12, 1976. Witness my hand and seal of the City of Macon this 15th day of Oct, 1976. /s/ James E. Hunnicutt Clerk of Council Adopted this 18th day of October, 1976. /s/ Eugene Dunwoody President, City Council City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of Macon held Oct. 12, 1976. Witness my hand and seal of the City of Macon this 19th day of Oct. 1976. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office 10-19-76. /s/ Buckner F. Melton Mayor City of Macon October 21, 1976 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of charter amendment #0-76-29 So As To Provide a More Definite Formula To Determine City Contributions to Pension Plan for City Employees, etc. is a true and correct copy on file in the City Clerk's office. /s/ James E. Hunnicutt City Clerk

Page 4652

Georgia, Bibb County. Notice of Proposed Amendment to City Charter City of Macon. Notice is hereby given that the governing authority of the City of Macon proposes to amend the Charter of the City of Macon to provide a more definite formula to determine contributions by the City to the pension plan for city employees; to provide for a change in the cost of living adjustments in the pension plan; to define who is eligible to participate in the plan; to define past service which will receive credit for pension plan purposes; to provide an effective date; to repeal conflicting provisions and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of the City of Macon and in the Office of the Clerk of the Bibb, Superior Court for the purpose of examination and inspection by any member of the public and the Clerk of the City of Macon shall furnish anyone upon written request a copy of the proposed amendement. Andrew W. McKenna, City Attorney City of Macon Georgia, Bibb County. Personally appeared before me, a Notary Public within and for above state and county, Gail Brafford, who deposes and says she is checking clerk for the Macon News and is duly authorized by the Publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon News on the following dates: Sept, 24, Oct 1, Oct. 8. /s/ Gail Brafford Sworn to and subscribed before me this 8 day of October, 1976. /s/ Peter S. Bikus Notary Public, Bibb County, Georgia. My Commission expires March 4, 1979. Filed in office of Secretary of State, October 26, 1976. Approved this 22 day of Oct., 1976.

Page 4653

CITY OF MACONCHARTER AMENDMENTPOLICE AND FIRE DEPARTMENT. An Ordinance An Ordinance of the Mayor and Council of the City of Macon, adopted under and by virtue of the authority granted the City under the Municipal Home Rule Act of 1965 (Ga. L. 1965 page 298 et seq., as amended) section 69-1017 et seq., Georgia Code 1933, annotated as amended, to amend the Charter of the City of Macon as the same may have heretofore been amended, so as to repeal in its entirety section 58 of the Charter of the City of Macon; and for other purposes. Be it ordained by the Mayor and Council of the City of Macon, and it is hereby ordained by the authority of the same, that under and by virtue of the Municipal Home Rule Act of 1965 (Ga. L. 1965, page 298 et seq., as amended) section 69-1017, et seq., Georgia Code 1933, Annotated, as amended, the Charter of the City of Macon as set forth in an act of the General Assembly of Georgia, approved August 3, 1927 (Ga. L. 1927 page 1283 et seq.) as amended, is hereby further amended by striking in its entirety section 58 of the Charter of the City of Macon. In lieu thereof, Mayor and Council, by duly adopted and approved ordinance, have provided rules and regulations for the regulation, government and control of Fire and Police Departments of the City of Macon. The amendment to the Charter of the City of Macon, adopted by this ordinance, shall become effective upon its final adoption by Council and approval by the Mayor and filing with the Secretary of State of Georgia in the Office of Bibb County Superior Court Clerk as required by section 60-1020, Code of Georgia, 1933, Annotated (Ga. L. 1965, page 298, et seq., as amended).

Page 4654

Duly adopted by Council on the 12th day of October, 1976 and on the 18th day of October, 1976. Adopted this 12th day of October, 1976. /s/ Eugene Dunwoody President, City Council Approved this 19th day of October, 1976. /s/ Buckner F. Melton Mayor City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of Macon, held Oct. 12, 1976. Witness my hand and seal of the City of Macon, this 15th day of Oct. 1976. /s/ James E. Hunnicutt Clerk of Council Adopted this 18th day of October, 1976. Submitted to Mayor's Office 10-15-1976. /s/ Eugene Dunwoody President, City Council /s/ Buckner F. Melton Mayor City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of Macon, held Oct. 18, 1976. Witness my hand and seal of the City of Macon this 19th day of Oct. 1971. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's office Oct. 19, 1976.

Page 4655

City of Macon October 21, 1976 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of charter amendment #0-76-46 is a true and correct copy of ordinance on file in the City Clerk's Office. /s/ James E. Hunnicutt City Clerk Georgia, Bibb County. Notice of Proposed Amendment to City Charter City of Macon. Notice is hereby given that the governing authority of the City of Macon proposes to amend the Charter of the City of Macon to repeal in its entirety section 58 of the Charter of the City of Macon; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of the City of Macon and in the Office of the Clerk of the Bibb Superior Court for the purpose of examination and inspection by any member of the public and the Clerk of the City of Macon shall furnish anyone upon written request a copy of the proposed amendment Andrew W. McKenna City of Macon Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and County, Gail Brafford, who deposes and says she is checking clerk for the Macon News and is duly authorized by the Publisher thereof to make this affidavit, and that advertisement as per attached

Page 4656

clipping has been published in the Macon News on the following dates Sept. 24, Oct. 1, Oct. 8. /s/ Gail Brafford Sworn to and subscribed before me this 8 day of October, 1976. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. My Commission expires March 4, 1979. Filed in office of Secretary of State October 26, 1976. Approved this 22nd day of Oct., 1976. CITY OF MACONCHARTER AMENDMENTPOWERS OF MUNICIPAL COURT JUDGE. An Ordinance. An Ordinance of the Mayor and Council of the City of Macon, adopted under and by virtue of the authority granted the City under the Municipal Home Rule Act of 1965 (Ga. L. 1965 page 298 et seq., as amended) section 69-1017 et seq., Georgia Code 1933, annotated as amended, to amend the Charter of the City of Macon as the same may have heretofore been amended, so as to amend section 46 of the Charter of the City of Macon by adding to the said section a part (d) giving the Municipal Court Judge the power and authority to forfeit gambling monies and a part (e) giving the Municipal Court Judge the power and authority to revoke or suspend privileged licenses; to repeal conflicting ordinances; and for other purposes. Be it ordained by the Mayor and Council of the City of Macon and it is hereby ordained by the authority of the same, that under and by virtue of the Municipal Home Rule Act of 1965 (Ga. L. 1965, page 298 et seq., as amended) section 60-1017, et seq., Georgia Code 1933, Annotated, as amended, the Charter of the City of Macon as set forth in an act of the General Assembly of Georgia, approved August 3, 1927 (Ga. L. 1927 page 1283 et seq.)

Page 4657

as amended, is hereby further amended by adding a part (d) and (e) to section 46 of the Charter of the City of Macon so that it reads as follows: (d) Whenever upon the trial of any case in the Municipal Court of the City of Macon it is determined by the judge that monies or other things of value have been used, or were intended to be used for gambling purposes, then the Judge of Municipal Court shall have the power and authority, and it shall be his duty, to forfeit such monies or things of value as being used contrary to the peace, order, and good morals of the City, and shall order the same to be vested in the City of Macon and such shall be paid into the Treasury of the City of Macon by the Chief of Police to be placed in the General Funds of the City. (e) The judge of the Municipal Court of Macon shall have the power and authority to revoke or suspend any privileged license as listed in section 2 of the License and Tax Ordinances of the City of Macon, whenever, upon the trial of any case in the Municipal Court of the City of Macon, it is determined by the judge of said court that a violation of any law or ordinance of said city has occurred. All Charter provisions and ordinances of the City of Macon in conflict with the provisions of this ordinance are hereby repealed. The amendment to the Charter of the City of Macon, adopted by this ordinance shall become effective upon its final adoption by Council and approval by the Mayor and filing with the Secretary of State of Georgia in the Office of Bibb County Superior Court Clerk as required by section 60-1020, Code of Georgia 1933, Annotated (Ga. L. 1965, page 298, et seq., as amended).

Page 4658

Duly adopted by Council on the 12th day of October, 1976 and on the 18th day of October, 1976. Adopted this 12th day of October, 1976. /s/ Eugene Dunwoody President, City Council Approved this 18th day of October, 1976. /s/ Buckney F. Melton Mayor City of Macon. I do hereby certify that the above and foregoing ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held Oct. 12, 1976. Witness my hand and seal of the City of Macon this 18th day of Oct., 1976. /s/ James E. Hunnicutt Clerk of Council Adopted this 18th day of October 1976. Submitted to Mayor's Office Oct. 15, 1976. /s/ Eugene Dunwoody President, City Council /s/ Buckney F. Melton Mayor City of Macon. I do hereby certify that the above and foregoing ordinance was duly passed at the regular meeting of the Council of the City of Macon, held Oct. 18, 1976. Witness my hand and seal of the City of Macon this 18th day of Oct., 1976. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office Oct. 19, 1976.

Page 4659

City of Macon October 21, 1976 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of charter amendment #0-76-47 is a true and correct copy of ordinance on file in the City Clerk's Office. /s/ James E. Hunnicutt City Clerk Georgia, Bibb County. Notice of Proposed Amendment to City Charter City of Macon. Notice is hereby given that the governing authority of the City of Macon proposes to amend the Charter of the City of Macon to amend section 46, as amended, of the Charter of the City of Macon by adding to the said section a Part (d) giving the Municipal Court Judge the power and authority to forfeit gambling monies and a Part (e) giving the Municipal Court Judge the power and authority to revoke or suspend privileged licenses; to repeal conflicing ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of the City of Macon and in the Office of the Clerk of the Bibb Superior Court for the purpose of examination and inspection by any member of the public and the Clerk of the City of Macon shall furnish anyone upon written request a copy of the proposed amendment. Andrew W. McKenna, City Attorney City of Macon

Page 4660

Georgia, Bibb County. Personally appeared before me, a notary public within and for above State and County, Gail Brafford, who deposes and says she is checking clerk for the Macon News and is duly authorized by the Publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon News on the following dates: Sept. 24, Oct. 1, Oct. 8. /s/ Peter A. Bikus Sworn to and subscribed before me this 8 day of October, 1976. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. My Commission expires March 4, 1979. Filed in office of Secretary of State, October 26, 1977. Approved this 22nd day of Oct., 1976. CITY OF MOULTRIECHARTER AMENDEDSPECIAL DISTRICT CREATED. Charter Amendment. An Ordinance to amend the Charter of the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, under Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 289-299), as amended, so as to create a special district; to authorize the provision of certain services in said special district; to authorize the levy of an ad valorem property tax in said special district; to repeal conflicting provisions; and for other purposes. Be it ordained by the Mayor and Council of the City of Moultrie, and it is hereby ordained by authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 289-299), as amended, that Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943

Page 4661

(Ga. L. 1943, p. 1458), as amended, is hereby amended by adding following section 24 a new section to be designated section 24A, to read as follows: Section 24A. Pursuant to Article IX, section III of the State Constitution, added by an amendment ratified November 7, 1972 (Ga. L. 1972, p. 1552), there is hereby created a special district in the City of Moultrie which shall consist of the area embraced in Blocks A, B, C, D,, E, F, G and H and the courthouse square according to the Arthur Survey of said City and which is bounded on the north by First Avenue North, on the east by Second Street East, on the south by Second Avenue South and on the west by First Street West. The city may provide the following services in said special district and may levy an ad valorem property tax in said special district of not to exceed 5 mills on the assessed value of the property within the special district to provide such services: (a) Street and road construction and maintenance; including curbs, sidewalks, street lights and devices to control the flow of traffic. (b) Urban redevelopment program. (c) Parking facilities. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. This amendment shall become effective January 1, 1977. Be it further ordained that should any portion of this ordinance be declared unconstitutional, the remaining portions hereof shall not be affected thereby and shall remain in full force and effect. Let a notice containing a synopsis of the foregoing amendment be published in the Weekly Moultrie Observer, the official organ of Colquitt, Georgia, being the legal situs of the City of Moultrie, once a week for three weeks

Page 4662

immediately preceding the regular meeting of the Mayor and Council of the City of Moultrie to be held on December 7, 1976 at 7:30 P.M., being the date and time the final adoption of the foregoing amendment will be considered. Let said notice state that a copy of the proposed amendment is on file in the office of the City Clerk of the City of Moultrie, Georgia, and in the office of the Clerk of the Superior Court of Colquitt County, Georgia, for the purpose of examination and inspection by the public. The foregoing ordinance was read and passed on the first time on November 2, 1976, at a regular meeting with Councilmen Sherrod G. McCall, Henry Klar, Jimmy Reeves and Lloyd Baxter voting for passage and Councilman Donnie Turner voting against. The foregoing ordinance was read and passed on the second time on November 16, 1976, at a regular meeting with Council Sherrod G. McCall, Henry Klar and Lloyd Baxter voting for passage and Councilman Donnie Turner voting against. City of Moultrie By /s/ W. B. Withers Mayor Attest: /s/ R. C. Roberson Clerk (Seal). Georgia, Colquitt County. Meeting of the Mayor and Council of the City of Moultrie, Georgia. At the regular meeting of the Mayor and Council of the City of Moultrie, on the 7th day of December, 1976, motion was made by Councilman McCall, seconded by Councilman Klar, that the foregoing Ordinance amending charter of the City of Moultrie to add a new section to be designated section 24A do pass and the vote of the Mayor and Council was taken and Councilmen McCall, Baxter and Klar voted aye and Councilman Turner

Page 4663

voted nay; and a quorum of said governing body being present, the foregoing Ordinance did pass and was finally adopted. Ordained this 7th day of December, 1976, at a regular meeting. City of Moultrie By /s/ W. B. Withers Mayor Attest: /s/ R. C. Roberson Clerk (Seal). The foregoing is a true copy of the proceedings to amend the charter of the City of Moultrie under the Municipal Home Rule Act of 1965, a copy of which has been this day filed in the office of the Clerk of the Superior Court of Colquitt County, Georgia. This 28th day of December, 1976. /s/ Amber M. Wells, Dept. Clerk Superior Court Notice of Amendment to the Charter of the City of Moultrie, Georgia Notice is hereby given as provided by law that the Mayor and Council of the City of Moultrie, Georgia, have passed an ordinance amending the charter of the City of Moultrie, a copy of which is hereto attached as Exhibit A and made apart hereof, said amendment having been passed at the regular meetings of the Mayor and Council on November 2, 1976 and November 16, 1976. A copy of said proposed amendment is on file in the office of the City Clerk of the City of Moultrie, Georgia, and a copy of said proposed amendment is on file in the office of the Clerk of the Superior Court of Colquitt County, Georgia, for the purpose of examination and inspection by the public. The final adoption of said proposed amendment

Page 4664

will be considered by the Mayor and Council of said City at its regular meeting to be held December 7, 1976, at 7:30 p.m., at the City Hall in Moultrie, Georgia. This 16th day of November, 1976. /s/ Robert C. Roberson City Clerk, City of Moultrie, Georgia Exhibit A An ordinance to amend the Charter of the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, under Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 289-299), as amended, so as to create a special district; to authorize the provision of certain services in said special district; to authorize the levy of an ad valorem property tax in said special district; to repeal conflicting provisions; and for other purposes. Be it ordained by the Mayor and Council of the City of Moultrie, and it is hereby ordained by authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 289-299), as amended, that Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, is hereby amended by adding following section 24 a new section to be designated section 24A, to read as follows: Section 24A. Pursuant to Article IX, section 111 of the State Constitution, added by an amendment ratified November 7, 1972 (Ga. Laws 1972, p. 1552), there is hereby created a special district in the City of Moultrie which shall consist of the area embraced in Blocks A, B, C, D, E, F, G and H and the courthouse square according to the Arthur Survey of said City and which is bounded on the north by First Avenue North, on the east by Second Street East, on the south by Second Avenue South and on the west by First Street West. The city may provide the following services in said special district and may levy an

Page 4665

ad valorem property tax in said special district of not to exceed 5 mills on the assessed value of the property within the special district to provide such services: (a) Street and road construction and maintenance; including curbs, sidewalks, street lights and devices to control the flow of traffic. (b) Urban redevelopment program. (c) Parking facilities. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. This amendment shall become effective January 1, 1977. Be it further ordained that should any portion of this ordinance be declared unconstitutional, the remaining portions hereof shall not be affected thereby and shall remain in full force and effect. Let a notice containing a synopsis of the foregoing amendment be published in the Weekly Moultrie Observer, the official organ of Colquitt Co., Ga., being the legal situs of the City of Moultrie, once a week for three weeks immediately preceding the regular meeting of the Mayor and Council of the City of Moultrie to be held on December 7, 1976 at 7:30 p.m., being the date and time the final adoption of the foregoing amendment will be considered. Let said notice state that a copy of the proposed amendment is on file in the office of the City Clerk of the City of Moultrie, Georgia, and in the office of the Clerk of the Superior Court of Colquitt County, Georgia, for the purpose of examination and inspection by the public. The foregoing ordinance was read and passed on the first time on November 2, 1975, at a regular meeting with Councilmen Sherrod G. McCall, Henry Klar, Jimmy Reeves and Lloyd Baxter voting for passage and Councilman Donnie Turner voting against.

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The foregoing ordinance was read and passed on the second time on November 16, 1976, at a regular meeting with Councilmen Sherrod G. McCall, Henry Klar and Lloyd Baxter voting for passage and Councilman Donnie Turner voting against. City of Moultrie By /s/ W. B. Withers Attest: /s/ Robert C. Robertson Clerk Georgia, Colquitt County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Frances A. Nussbaum, who, atfer being duly sworn, states on oath that she is the publisher of The Weekly Moultrie Observer, the same is the official organ of Colquitt County, Georgia, published in the City of Moultrie, being the newspaper in which the Sheriff's advertisements are regularly published in Colquitt County, Georgia, and in the City of Moultrie, and that the attached Notice of Amendment to the charter of the City of Moultrie, Georgia, dated November 16, 1976, and Exhibit A attached thereto were published in said newspaper three times as follows: November 18, 1976; November 25, 1976; December 2, 1976. /s/ Frances A. Nussbaum Sworn to and subscribed before me this 28 day of December, 1976. /s/ Mabel C. Potts Notary Public, Georgia, State at Large. My Commission expires March 17, 1980. Filed in office of Secretary of State, December 29, 1976.

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CITY OF NEWNANCHARTER AMENDEDRETIREMENT PLAN. An Ordinance. An Ordinance to amend the Charter of the City of Newnan, Article XII, City of Newnan Retirement Plan, so as to add a new section XIV. Be it ordained, and it is hereby ordained by the authority of the Mayor and Board of Aldermen of the City of Newnan that in accordance with section XII of the City of Newnan Retirement Plan, said Retirement Plan is hereby amended effective January 1, 1976 as follows: 1. A new section XIVDisability Retirement is hereby added as follows: Section XIVDisability Retirement 14.1 In the event of permanent and total disability (as hereinafter defined) prior to the Participant's Normal Retirement Date, the Participant shall be eligible for a disability pension in accordance with this section XIV provided that he has completed at least five years of Continuous Service prior to such permanent and total disability and further provided that the sum of the Participant's age plus year of Continuous Service equal 35 years or more. 14.2 A participant shall be deemed to be permanently and totally disabled as of the date the disabling event occurred provided the Participant subsequently receives benefits under the Federal Social Security Act. However, no Participant shall be deemed to be disabled for purposes of this section if his disability resulted from chronic alcoholism or addiction to narcotics, engagement in a criminal act, or intentionally self-inflicted injury, or any injury sustained while a member of the armed forces of any country. 14.3 A Participant upon retirement under the provisions

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of this section shall receive an annual disability benefit payable in monthly installments, commencing on his Disability Retirement Date and payable on the first day of each month thereafter during the Participant's lifetime and continued disability in accordance with paragraph 14.5. 14.4 The amount of the Participant's disability benefit shall be the difference between (a) minus (b) where: (a) is 50% of the Participant's current Annual Earnings at the time the disability occurs, and (b) is 50% of the Primary Social Security Amount which the disabled Participant is actually receiving under the Social Security Act as in effect on his Disability Retirement Date, plus 100% of the benefit for which the Participant is eligible under any Workmen's Compensation law. In the case of lump sum settlements in lieu of or in addition to periodic payments under such Workmen's Compensation law, the lump sum shall be divided by the monthly benefit which would otherwise have been payable in order to determine the period over which the deduction shall be made. 14.5 A disabled Participant's disability benefit shall cease: (a) if he resumes work; (b) if he refuses to submit to medical examination at any time prior to his sixty-fifth birthday, but not more often than semi-annually, to determine whether he is eligible for continuance of the disability benefit, (c) if Social Security disability benefits cease, or (d) if he dies. 14.6 A disabled Participant retired under the disability

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provisions hereof who is subsequently re-employed by the City shall have his Continuous Service counted as if his employment had not been interrupted by the period of disability and his Annual Earnings for such period of disability shall be counted for purposes of determining his Career Average Earnings at his Annual Earnings rate in effect on his Disability Date. However, in no event shall a re-employed Participant receive credit for service in excess of the period for which his disability benefit was payable. 2. New definitions are hereby added to section II as follows: 2.25. Disability Date shall mean the date determined by the Committee to be the date on which a Participant's disability commenced in accordance with section XIV. 2.26 Disability Retirement Date shall mean the first day of the month following five consecutive calendar months after the Participant's Disability Date. Adopted in open session by the Mayor and Board of Aldermen of the City of Newnan, Georgia, this the 23rd day of February, 1976. /s/ Joe P. Norman Mayor /s/ T. Ed Craft Mayor Pro Tem /s/ Inez W. Slaton Alderwoman /s/ Alvin E. Johnston Alderman /s/ Billy A. Abraham Alderman Attest: /s/ Martha C. Ball City Clerk

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Reviewed: /s/ Richard A. Bolin City Manager Reviewed: /s/ Charles L. Goodson City Attorney Adopted for the second time in open session by the Mayor and Board of Aldermen of the City of Newnan, Georgia, this the 8th day of March, 1976. /s/ Joe P. Norman Mayor /s/ T. Ed Craft Mayor Pro Tem /s/ Inez W. Slaton Alderwoman /s/ Alvin E. Johnston Alderman /s/ Billy A. Abraham Alderman Attest: /s/ Martha C. Ball City Clerk Reviewed: /s/ Richard A. Bolin City Manager Reviewed: /s/ Charles L. Goodson City Attorney Georgia, Coweta County. Personally appeared before me the undersigned authority duly authorized to administer oaths, E. B. Thomasson, who, on oath, deposes and says that he is the publisher of the Newnan Times-Herald which is the official organ

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of Coweta County, and that the following notice to amend the Charter of the City of Newnan was published in the Newnan Times-Herald on the following dates: February 12, 1976; February 19, 1976; and February 26, 1976 to-wit: Notice is hereby given that a proposed amendment to the City Charter of Newnan will be considered by the Mayor and Board of Aldermen of the City of Newnan which will amend the Charter of the City of Newnan and amend the reitrement plan for the City of Newnan so as to provide for disability retirement for city employees in the event of permanent and total disability; to define permanent and total disability and to set the amount of disability benefits and for other purposes. A copy of said proposed amendment is on file in the Office of the Clerk of the City of Newnan and the Office of the Clerk of the Superior Court of Coweta County for the purpose of examination and inspection by the public. The Clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. This 10th day of February, 1976. /s/ E. W. Thomasson Sworn to and subscribed before me this 12th day of March, 1976. /s/ Lori T. Garmany Notary Public. (Seal). Filed in office of Secretary of State March 26, 1976. CITY OF WARNER ROBINSCHARTER AMENDMENTQUALIFICATIONS FOR MAYOR AND COUNCILMEN CHANGED. Charter Amendment. Be it ordained by the Mayor and Council that the Charter of the City of Warner Robins, Houston County, Georgia,

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be amended by deleting section 7 of the Charter which provides: Section 7. Qualification of Officers. With the exception of the persons specifically named in section 4 hereof, the Mayor and Councilmen shall be qualified to vote for members of the General Assembly of Georgia, shall be at least twenty-five (25) years of age, and shall have been a resident of such corporation for at least three (3) months prior to the election at which office is sought, and by inserting in lieu thereof a new section 7 to read as follows: Section 7. Qualification of Officers. With the exception of the persons specifically named in section 4 hereof, the Mayor and Members of Council shall be qualified to vote for members of the General Assembly of Georgia, shall be at least eighteen (18) years of age, and shall have been a resident of such corporation for at least twenty-four (24) months prior to the election at which office is sought. The foregoing action is authorized by Georgia Code section 69-1017 and by Ga. L. 1976, pp 464, 465. Georgia, Houston County. I acknowledge that a copy of the foregoing proposed amendment to the Charter of the City of Warner Robins, Georgia was filed in my office for the purpose of examination and inspection by the public on the 2nd of July, 1976. /s/ Tommy S. Hunt Clerk, Superior Court of Houston County, Georgia /s/ Thomas E. McMinn Clerk, City of Warner Robins, Georgia

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Georgia, Houston County. I hereby certify that the foregoing Amendment creating a new section 7 of the City Charter was adopted by Mayor and Council at its regular meeting on August 2, 1976 by the following vote: unanimous. This 2 day of August, 1976. /s/ Thomas E. McMinn City Clerk Georgia, Houston County. I hereby certify that the foregoing Amendment creating a new section 7 of the City Charter was adopted by Mayor and Council at its regular meeting on August 16, 1976 by the following vote: unanimous. This 16 day of August, 1976. /s/ Thomas E. McMinn City Clerk Legal Notice. In compliance with section 69-1017 (b) of the Code of Georgia, and as further authorized by Georgia Laws 1976, pp 464, 465, notice is hereby given that the City of Warner Robins, Georgia intends to amend its Charter by adopting an ordinance at two regular consecutive meetings of the municipal governing authority, said meetings to be held on August 2, 1976 and August 16, 1976 at 6:30 p.m. at the City Hall in Warner Robins, Georgia, so as to delete section 7 of the Charter and insert in lieu thereof a new section 7 to read as follows: Section 7. Qualification of Officers. With the exception of the persons specifically named in

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Section 4 hereof, the Mayor and Members of Council shall be qualified to vote for members of the General Assembly of Georgia, shall be at least eighteen (18) years of age, and shall have been a resident of such corporation for at least twenty-four (24) months prior to the election at which office is sought. A copy of the Proposed Amendment is on file in the Office of the City Clerk at the City Hall, Warner Robins, Georgia, and in the Office of the Clerk of the Superior Court of Houston County at the Courthouse in Perry, Georgia for the purpose of examination and inspection of the public. City of Warner Robins Georgia By Edward Bryant Mayor Attest: Thomas McMinn City Clerk Georgia, Houston County. Personally appeared before the undersigned officer, authorized by law to administer oath, the undersigned affiant, who, being first duly sworn, deposes and says on oath that he is a duly authorized representative of the Warner Robins Daily Sun and that the attached notice pertaining to amendment of the Charter of the City of Warner Robins was published in the Warner Robins Daily Sun on July 16, 1976, July 23, 1976, and July 30, 1976 as required by Georgia Laws 1965, pp. 298 et seq, as

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amended, known as the The Municipal Home Rule Act of 1965. This 16th day of August, 1976. /s/ James S. DeRoy, Jr. Editor General Manager Sworn to and subscribed before me this 16th day of August, 1976. /s/ Barbara W. Forbes Notary Public My Commission expires June 20, 1980. (Seal). Filed in office of Secretary of State August 17, 1976.

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VETOES 1977-1978 Session Veto No. Bill No. Subject Veto Date 1 SB 1 Industrial Loan Act 3-31-77 2 HB 78 Gasoline Marketing Practices Act 3-31-77 3 HR 188-714 Compensate Mrs. Dorothy A. Bland 4-5-77 4 HB 211 Unlawful to employ alien 4-6-77 5 HB 656 Atlanta-Fulton Co. prohibiting accepting bail 4-8-77 6 HB 664 Crawford Co. Tax Appraiser may serve on Bd. of Tax Assessors 4-8-77 7 HB 904 Protective Devices for Beehives 4-8-77 8 HB 950 Hawkinsvillelimitation on right of taxation code not to apply 4-8-77 9 HB 1096 Recall of elected officials 4-8-77 10 SB 45 Personnel Bd. adoption of classification plan after 4-1-78 4-8-77 11 HB 183 State Vending Facility operated by Blind or Disabled 4-11-77 12 HB 295 Water Well Stand. Act 4-11-77 13 HB 552 Defines `motorized bike' 4-11-77 14 HB 757 Dev. Authorityconditions for borrower to provide, secure loan 4-11-77 15 HB 324 Pub. Funds for Cert. Fed. Prog. 4-11-77

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CONSTITUTION OF THE STATE OF GEORGIA (Compiled January, 1977) RATIFIED, NOVEMBER 2, 1976 PROCLAIMED, DECEMBER 22, 1976 Designated as The Constitution of the State of Georgia of 1976

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CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS Page ARTICLE I. Bill of Rights 4683 ARTICLE II. Elective Franchise 4688 ARTICLE III. Legislative Branch 4691 ARTICLE IV. Constitutional Boards and Commissions 4705 ARTICLE V. Executive Branch 4711 ARTICLE VI. Judiciary 4717 ARTICLE VII. Taxation 4730 ARTICLE VIII. Education 4749 ARTICLE IX. Counties and Municipal Corporations 4755 ARTICLE X. Retirement Systems and Educational Scholarships 4772 ARTICLE XI. The Laws of General Operation in Force in this State 4781 ARTICLE XII. Amendments to the Constitution 4782 ARTICLE XIII. Miscellaneous Provisions 4783

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CHRONOLOGICAL LIST OF ORGANIC ACTS AND STATE CONSTITUTIONS OF GEORGIA Charter of the Colony of Georgia, 1732. Grant of George II, King of Great Britain. Constitution of 1777. Constitutional Convention, Oct. 1, 1776-Feb. 5, 1777. Constitution of 1789. Constitutional Convention, Nov. 4-24, 1788; Jan. 4-20, 1789; May 4-6, 1789; May 16, 1795. Constitution of 1798. Constitutional Convention, May 8-(30?), 1798. Constitution of 1861. Constitutional Convention, Jan. 16-March 23, 1861. Constitution of 1865. Constitutional Convention, Oct. 25-Nov. 8, 1865. Constitution of 1868. Constitutional Convention, Dec. 9, 1867-March 11, 1868. Constitution of 1877. Constitutional Convention, July 11, 1877-August 25, 1877. Constitution of 1945. Ratified General Election, August 7, 1945; Governor's Proclamation, August 13, 1945. Constitution of 1976. Ratified General Election, November 2, 1976; Governor's Proclamation, December 22, 1976. Editorial Note: This compilation of the Georgia Constitution does not include amendments which are not general within the meaning of Paragraph I, Section I, Article XII.

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CERTIFICATE GEORGIA, FULTON COUNTY This is to certify that, pursuant to the provisions of Article XIII, Section I, Paragraph III of the proposed new Constitution of the State of Georgia, the undersigned, who constitute the entire membership of the Commission created by said Paragraph, have met, have performed the duties prescribed in said Paragraph, and have incorporated the separate amendments referred to in said Paragraph into the Constitution which is attached. The undersigned further certify that the attached document is being delivered to the Secretary of State and, as provided in said Paragraph, such document, on January 1, 1977, shall be the Constitution of the State of Georgia of 1976. This 22nd day of December, 1976.

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CONSTITUTION OF THE STATE OF GEORGIA PREAMBLE To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution. ARTICLE I. BILL OF RIGHTS Section I. Rights of Persons Paragraph I. Life, Liberty, and Property . No person shall be deprived of life, liberty, or property, except by due process of law. Paragraph II. Freedom of Conscience . All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience. Paragraph III. Religious Opinions; Liberty of Conscience . No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. Paragraph IV. Liberty of Speech or of the Press Guaranteed . No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty. Paragraph V. Arms, Right to Keep and Bear . The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. Paragraph VI. Right to Assemble and Petition . The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance. Paragraph VII. Attainder; Ex Post Facto and Retroactive Laws, Etc. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed. Paragraph VIII. Libel; Jury in Criminal Cases; New Trials . In all

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prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction is preserved. Paragraph IX. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both. Paragraph X. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Paragraph XI. Benefit of Counsel: Accusation: List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury. Paragraph XII. Habeas Corpus. The writ of Habeas Corpus shall not be suspended. Paragraph XIII. Crimination of Self Not Compelled. No person shall be compelled to give testimony tending in any manner to criminate himself. Paragraph XIV. Bail: Fines: Punishment; Arrest, Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. Paragraph XV. Jeopardy of Life or Liberty More Than Once For-bidden. No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial. Paragraph XVI. Treason. Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. Paragraph XVII. Conviction, Effect of. No conviction shall work corruption of blood, or forfeiture of estate.

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Paragraph XVIII. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. Paragraph XIX. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. Paragraph XX. Imprisonment for Debt. There shall be no imprisonment for debt. Paragraph XXI. Costs. No person shall be compelled to pay costs except after conviction on final trial. Paragraph XXII. Status of the Citizen. The social status of the citizen shall never be the subject of legislation. Paragraph XXIII. Exemptions from Levy and Sale. There is hereby exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor. The laws now of force with respect to the exemptions provided herein shall remain in full force until changed by law. Paragraph XXIV. Wife's Separate Estate. All property of the wife at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not be liable for the debts of her husband. Paragraph XXV. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed. Section II. Origin and Structure of Government Paragraph I. Origin and Foundation of Government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them. Paragraph II. State Rights. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the

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police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness. Paragraph III. Protection the Duty of Government . Protection to person and property is the paramount duty of government, and shall be impartial and complete. Paragraph IV. Legislative, Judicial, and Executive Powers, Separate . The legislative, judicial, and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, at the same time, exercise the functions of either of the others, except as herein provided. Paragraph V. Civil Authority Superior to Military . The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. Paragraph VI. Contempts . The power of the Courts to punish for contempt shall be limited by legislative acts. Paragraph VII. General Laws; Uniform Operation; How Varied . Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent. Paragraph VIII. What Acts Void . Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them. Paragraph IX. Citizens, Protection of . All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship. Paragraph X. Appropriations to Churches, Sects, Etc., Forbidden . No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. Paragraph XI. Lotteries . All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the operation of a nonprofit bingo game, when the

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prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall be legal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization. No organization shall be considered a nonprofit organization within the meaning of this Paragraph except a tax-exempt organization within the meaning of the Internal Revenue Code or the Georgia Income Tax Law as such Code and such Law are now or hereafter amended. No organization shall be considered a nonprofit organization within the meaning of this Paragraph unless such organization shall annually file with the State Revenue Commissioner a report of an audit by a Certified or Registered Public Accountant fully accounting for all receipts and expenditures of such organization, which report shall constitute a public record subject to public inspection. No church, parish, synagogue, or house of worship in this State shall be considered a nonprofit organization for the purpose of operating nonprofit bingo games within the meaning of this Paragraph, unless the governing authority of such church, parish, synagogue, or house of worship shall notify, in writing, the State Revenue Commissioner that it desires to be so considered. Paragraph XII. Lobbying; Penalties . Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties. Paragraph XIII. Fraud; Concealment of Property . The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor. Section III. General Provisions Paragraph I. Private Ways; Just Compensation; Relocation Assistance; Land Acquisition Policies, Practices and Expenses . 1. In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders, and the State and its subdivisions may be protected. 2. Notwithstanding any other provisions of this Constitution, the General Assembly of the State of Georgia may by law require the State and State agencies and institutions, and counties, municipalities, school

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districts, political subdivisions, public authorities, public agencies, public corporations and public instrumentalities created under this Constitution or the laws of this State: (i) to provide relocation assistance and payments to persons displaced by public projects or programs undertaken or sponsored by the foregoing public entities, including without limitation, all of those relocation assistances and payments as are, by Section 210 of that certain Act of Congress of the United States of America known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, 91st Congress, approved January 2, 1971), required to be made or furnished to such displaced persons by such public entities in order that federal financial assistance can be made available to such public entities with respect to the public projects or programs causing such displacements, and (ii) to establish and implement acquisition policies and practices and provide for the payment or reimbursement of necessary expenses of persons whose properties are acquired in connection with the acquisition of real property for public projects or programs, such policies, practices, payments and reimbursements to include, without limitation, those real property acquisition policies, practices, payments and reimbursements which Section 305 of said Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 requires that the foregoing public entities establish and implement or pay and reimburse, as the case may be, in acquiring real property for a public project or program in order that federal financial assistance can be made available to such public entities with respect to such projects or programs. The providing of all of such relocation assistances and payments and, in connection with the acquisition of real property for public projects or programs, the establishing of all of such policies and practices and the paying or reimbursing of all of such necessary expenses, are declared to be necessary, among other reasons, in order to avoid the loss of large sums of money which will otherwise be made available to the foregoing public entities as financial assistance by the United States of America and shall constitute governmental functions undertaken for public purposes, and the powers of taxation may be exercised and public funds expended in furtherance thereof. Paragraph II. Tidewater Titles Confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed. ARTICLE II. ELECTIVE FRANCHISE Section I. Qualifications and Disabilities of Electors Paragraph I. Elections by Ballot: Registration of Voters. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law.

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Paragraph II. Who Shall Be An Elector Entitled to Register and Vote. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. Paragraph III. Qualifications of Electors. Every citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Paragraph I of Section II of this Article, and who possesses the qualifications prescribed in Paragraph II of Sections I and II of this Article or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph. 1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or. 2. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any of the registrars. Section II. Registration Requirements and Appeals Paragraph I. Registration of Electors; Who Disfranchised. The General Assembly may provide, form time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State. to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of 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, unless such persons shall have been pardoned. 2nd. Idiots and insane persons. Paragraph II. Residence Requirements to Register and Vote. The General Assembly shall provide by law for the durational residence requirements necessary to register and vote at any election by the people except that no person shall be entitled to register and vote unless he shall have resided in the State at least thirty (30) days immediately preceding the election at which he seeks to vote.

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Paragraph III. Appeal From Decision of Registrars. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph III of Section I of this Article shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals. Paragraph IV. Judgment of Force Pending Appeal. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force. Section III. General Provisions Paragraph I. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Paragraph II. Holder of Public Funds. No person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury. Paragraph III. Write-In Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a State general election, to the Secretary of State and by publicatin in a paper of general circulation in the State; in a general election of county officers, to the Judge of the Probate Court of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State. Paragraph IV. Returns Made to Whom. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law. Paragraph V. Sale of Liquors on Election Days. The General Assembly

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shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same. ARTICLE III. LEGISLATIVE BRANCH Section I. Legislative Power, Where Vested Paragraph I. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. Section II. Senatorial Districts Paragraph I. Apportionment of Senate. The Senate shall consist of not less than fifty-four and not more than fifty-six members. Each Senator shall be elected from and represent one Senatorial District. The General Assembly may create, rearrange and change Senatorial Districts as it deems proper. The apportionment of the Senate shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official. Paragraph II. Qualifications of Senators. The Senators shall be citizens of the United States, who have attained the age of twenty-five years, and who shall have been citizens of this State for four years, and for one year residents of the districts from which elected. Section III. Representative Districts Paragraph I. Apportionment of the House of Representatives. The House of Representatives shall consist of representatives apportioned among the Representative Districts of the State. The General Assembly may create, rearrange and change Representative Districts as it deems proper. The apportionment of the House of Representatives shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official. Paragraph II. Qualifications of Representatives. The Representatives shall be citizens of the United States who have attained the age of twenty-one years and who shall have been citizens of this State for two years, and for one year residents of the districts from which elected.

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Section IV. Officers of the General Assembly Paragraph I. President and President Pro Tempore . The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death, resignation or permanent disability of the President or in the event of the succession of the President to the executive power. In the event the President is unable to perform the duties of his office because of temporary disability, the President Pro Tempore shall act as President during the period of temporary disability. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro Tempore viva voce from the Senators. In the event the President Pro Tempore becomes President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an extraordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. When a President Pro Tempore becomes President of the Senate as provided in this Paragraph, such President shall receive the same compensation and allowances as the Speaker of the House of Representatives. The provisions of this Paragraph shall become effective on the first day of the regular session of the General Assembly in 1977. Paragraph II. Speaker . The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the Representatives. A Speaker Pro Tempore shall be elected viva voce from the Representatives and shall act in case of the death, resignation or disability of the Speaker, or in the event of his succession to the executive power. Paragraph III. Officers of the Two Houses . The officers of the two houses, other than the President of the Senate and the Speaker of the House, shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives, and such assistants as each House may provide for. Section V. General Assembly; Organization and Procedure Paragraph I. Term of Members . The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office. Paragraph II. Election, When . The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1978, and subsequent elections biennially, on that day, until the day of election is changed by law. Paragraph III. Meeting; time limit; adjournment . The General Assembly

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shall meet in regular session on the second Monday in January of each year. By concurrent resolution adopted by a majority of the members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session but shall remain in regular session no longer than forty days in the aggregate each year. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. The Senate and the House of Representatives shall organize each oddnumbered year and shall be a different General Assembly for each two-year period. All business pending in the Senate or the House of Representatives at the time of adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section II, Paragraph III of this Constitution. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed. Paragraph IV. Oath of Members . Each Senator and Representative, before taking his seat shall take the following oath, or affirmation, to-wit: I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. Paragraph V. Quorum . A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each House may provide. Paragraph VI. Adjournment . Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either, or both of them. Paragraph VII. Eligibility; Appointments Forbidden . No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term.

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Paragraph VIII. Removal From District, Effect of . The seat of a member of either house shall be vacated on his removal from the district from which he was elected. Paragraph IX. Compensation and Allowances . The members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made. Paragraph X. Election, Returns, Etc.; Disorderly Conduct . Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion: but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs. Paragraph XI. Contempts, How Punished . Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House. Paragraph XII. Privilege of Members . The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House. Paragraph XIII. Viva Voce Vote; Place of Meeting . All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives, When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the results. Section VI. Impeachments Paragraph I. Power to Impeach . The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office. Paragraph II. Impeachments . The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No

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person shall be convicted without concurrence of two-thirds of the members present. Paragraph III. Judgments in Impeachments . Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law. Section VII. Enactment of Laws Paragraph I. Journals and Acts . Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session. Paragraph II. Where Journals Kept . The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof. Paragraph III. Bills to Be Read . Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. Paragraph IV. One Subject Matter Expressed . No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. Paragraph V. Yeas and Nays, When Taken . The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal. Paragraph VI. Yeas and Nays to Be Entered, When . Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal. Paragraph VII. Majority of Members to Pass Bill . No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal. Paragraph VIII. Bills For Revenue . All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.

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Paragraph IX. Notice of Intention to Ask Local Legislation Necessary . No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide. Paragraph X. Acts Signed: Rejected Bills . All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected. Paragraph XI. Signature of Governor . No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments or a new Constitution, and in case of prolongation of a session of the General Assembly. Paragraph XII. Statutes and Sections of Code, How Amended . No law, or Section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the Section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made. Section VIII. General Assembly; Exercise of Powers Paragraph I. Powers of the General Assembly . The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. Paragraph II. Right of Eminent Domain . The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use.

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Paragraph III. Police Power . The exercise of the police power of the state shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general well-being of the State. Paragraph IIIA. Restrictions upon Land Use for the Protection of Natural Resources. Environment and Vital Areas . The General Assembly shall have the authority to provide restrictions upon land use in order to protect and preserve the natural resources, environment and vital areas of this State. Paragraph IV. Compensation and Allowances of Elective Officials; How Changed . The General Assembly may, at any time, provide by law other and different compensation or allowances for all of the elective officers provided for in this Constitution. Paragraph V. Corporate Powers, How Granted . The General Assembly shall have no power to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts. The General Assembly shall have no power to grant corporate powers and privileges to private companies, but it shall prescribe by law the manner in which such power to grant corporate powers and privileges to private companies shall be exercised by the Secretary of State. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general law by what person such charter shall be granted. Paragraph VI. Charters Revived or Amended Subject to Constitution . The General Assembly shall not remit the forfeiture of the charter of any corporation existing at the time the Constitution of 1945 became effective, nor alter or amend the same, nor pass any other general or special law, for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution. Paragraph VII. Recognizances. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers. Paragraph VIII. Contracts to Defeat Competition . All contracts and agreements, which may have the effect, or be intended to have the effect,

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to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement. The General Assembly shall enforce the provisions of this Paragraph by appropriate legislation. Paragraph IX. Public Utility Tariffs and Charges . The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution. Paragraph X. Rebates . No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished, any such payments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties. Paragraph XI. Street Railways . The General Assembly shall not authorize the construction of any street passenger railway, within the limits of any incorporate town or city, without the consent of the Corporate Authorities. Paragraph XII. Gratuities; Exceptions. 1. Except as provided in this Constitution, the General Assembly shall not by vote, resolution, or order, grant any donation or gratuity in favor of any person, corporation or association. 2. The General Assembly shall not grant or authorize extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into. 3. The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Commissioner of Natural Resources. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the

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company or individual who drills or causes to be drilled said well, the contractor, who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor. 4. The General Assembly is hereby authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant. 5. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph. 6. Notwithstanding any other provisions of this Constitution, the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months. 7. The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973. Such law may provide for the method of payment of such indemnification and all other matters relative thereto: provided, that no such law may provide an indemnification with respect to the death of a law enforcement officer, fireman or prison guard which is in excess of $50,000. The General Assembly is hereby authorized to levy taxes and to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph. 8. Any provision of this Paragraph to the contrary notwithstanding, the General Assembly is authorized to provide by law for the donation

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or gratuitous transfer of books and other printed materials, which are owned by the State and which have been found and declared to be surplus, to bona fide nonprofit civic, educational or charitable organizations when such books and materials, or the proceeds from the sale thereof, are to be used for bona fide civic, education or charitable activities or purposes. Section IX. Insurance Regulation Paragraph I. General Assembly to Enact Laws for People's Protection, Etc. The General Assembly shall, from time to time enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Director, Fiscal Division, Department of Administrative Services, of this State or such other officer as may be designated by law, to secure the people against loss by the operations of said companies. Paragraph II. Reports By Insurance Companies . The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people. Paragraph III. Nonresident Insurance Companies . All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security of policy-holders. Paragraph IV. License by Comptroller General . When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State officials having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law. Paragraph V. Resident Insurance Companies; Guarantee Fund . All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the

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company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company. Paragraph VI. Subsequent Injury Workmen's Compensation Trust Fund . Any other provision of this Constitution to the contrary notwithstanding, the General Assembly and provide for the creation of a Subsequent Injury Workmen's Compensation Trust Fund, to be used for the payment of a portion of the expenses of disability resulting to an employee from a combination of previous disability with subsequent injury incurred in employment. The General Assembly may provide that funding for such trust fund may be derived from assessments to be levied upon all insurance companies writing workmen's compensation insurance in this State and all self-insurers, appropriations, gifts and donations, and other sources. The General Assembly may also designate the Trustees of the fund and may provide for the administration of the fund. The General Assembly may authorize collection, deposit, and management of funds, and may provide for the disposition of the funds for purposes stated hereinabove without being placed in the State Treasury. Section X. Appropriations Paragraph I. Public Money, How Drawn . No money shall be drawn from the Treasury except by appropriation made by law. Paragraph II. Bills Appropriating Money . No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays in each house, are recorded. Paragraph III. Preparation, Submission and Enactments of General Appropriations Bill . (a) The Governor shall submit to the General Assembly within five days after its convening in regular session each year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for the next fiscal year. (b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following. (c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.

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Paragraph IV. General Appropriations Bill . The General Appropriations Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject. Paragraph V. General Appropriations Act . (a) Each General Appropriations Act, 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 the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants. (b) The General Assembly 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 State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury 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 provided in Paragraph VI of this Section of the Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved. (c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse. (d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant. (e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article IX, Section VI, Paragraph I(a), which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of any funds for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the

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amendment to Article VII, Section IX, Paragraph II of the Constitution of 1945 adopted November 6, 1962. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract. Paragraph VI. Other or Supplementary Appropriations . In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriations Act shall have been finally adopted by both Houses and approved by the Governor. Paragraph VII. Appropriations to be for Specific Sums . (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part or percentage thereof. (b) An amount equal to all money derived from motor fuel taxes received by the State in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor. Paragraph VIII. Appropriations Void, When . Any appropriation made in conflict with either of the foregoing provisions shall be void.

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Section XI. Militia Paragraph I. Organization of Militia . A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist. Paragraph II. Volunteers . The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same. Paragraph III. Pay of Militia and Volunteers . The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State. Paragraph IV. Discipline of the Militia . When not in Federal service the discipline of members of the Militia shall be in with the applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. Notwithstanding any other provisions of this Constitution, the General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the Militia, for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia. Section XII. Emergency Powers Paragraph I. Emergency Powers of the General Assembly . The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty: (1) To provide for prompt and temporary succession to the powers and duties of persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices during such emergency; and (2) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules.

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Any legislation heretofore adopted by the General Assembly which would have been invalid except for the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia. ARTICLE IV. CONSTITUTIONAL BOARDS AND COMMISSIONS Section I. Public Service Commission Paragraph I. Public Service Commission as Constitutional Officers . There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties as provided by law. Such Commission shall consist of five members, who shall be elected by the people. A Chairman shall be selected by the members of the Commission from its membership. The first Commission under this Constitution shall consist of the commissioners in office on the effective date of this Constitution and they shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the chairman, shall be as provided by law. Section II. State Board of Pardons and Paroles Paragraph I. State Board of Pardons and Paroles . There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the General Assembly. The successors to the present members and all members of the Board who are subsequently appointed to fill vacancies shall be appointed for terms of seven years unless removed from office for cause, as hereinafter provided. In the event of a vacancy for any reason other than the expiration of term, such vacancy shall be filled in the manner hereinafter provided for the unexpired term. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. Any member of the Board may be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by judgment of the Senate in a trial of impeachment. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present members are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and

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may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. When a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least twenty-five years in the penitentiary, and such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitentiary. When a person is convicted of armed robbery, the Board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary. The Board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentence granted, stating the name of the convicted, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph. Section III. Board of Offender Rehabilitation Paragraph I. Board of Offender Rehabilitation . There shall be a Board of Offender Rehabilitation, to be composed of nine members as follows: the five members of the Board of Corrections who serve ex officio as members of the statutory Board of Offender Rehabilitation shall continue to serve out the terms to which they were appointed as members of the Board of Offender Rehabilitation herein created; the Governor shall appoint the remaining four members, subject to the consent of the Senate. The initial appointments by the Governor shall be for one, two, three and four years, respectively. Thereafter, successors to the initial members of the Board shall be appointed by the Governor, subject to the consent of the Senate, for terms of office of four years and until their successors are duly appointed and qualified. The Board shall establish the general policy to be followed by the Department of Offender Rehabilitation. Section IV. Board of Natural Resources Paragraph I. Creation; Membership; Appointment; Terms of Office; Powers and Duties; Compensation . There shall be a Board of Natural Resources. Said Board of Natural Resources shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden; and four members from the State at Large. The members in office on the effective date of this Constitution

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shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments of members of the Board of Natural Resources shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term, except in case of an unexpired term. Insofar as it is practicable, the members of the Board shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board of Natural Resources shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment by the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. The Board of Natural Resources shall have such powers, authority, duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly. Section V. Veterans Service Board Paragraph I. Veterans Service Board; How Composed; Director . There shall be a State Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some war in which the United States has engaged. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment by the Governor. Section VI. State Personnel Board Paragraph I. State Personnel Board . The State Personnel Board in existence on the effective date of this Constitution is hereby abolished and the terms of office of persons serving on said board are abolished. There shall be a new nonsalaried State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration. Under said merit system, State personnel shall be selected on a basis of merit, fitness and demonstrated ability according to law. The State Personnel Board shall be comprised of five citizens of this State, of known interest in the improvement of the quality of State government. Members of the State Personnel Board shall be appointed by the Governor, subject to confirmation by the Senate. The first members shall be appointed for terms of one, two, three, four and five years, respectively, the term to be

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designated by the Governor. All subsequent appointments shall be for a period of five years, except unexpired terms. Service on the State Personnel Board shall be restricted to two consecutive terms, provided that the completion of an unexpired term shall not be considered a term of service within the context of this two-term limitation. No State official or employee shall be a member of the State Personnel Board. All members of the State Personnel Board shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. Paragraph II. Veterans Preference . Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly. Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State government or any political subdivision thereof: (a) Such veteran who has at least a ten per centum service connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score on such examination; and (b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination. Section VII. Board of Industry and Trade Paragraph I. Board of Industry and Trade . There shall be a Department of Industry and Trade in lieu of and as successor to the Department of Community Development. Wherever the words Department of Community Development were used heretofore in any statute, they shall be held and taken to mean the Department of Industry and Trade. There shall be a Board of Industry and Trade in lieu of and as successor to the Board of Community Development. Wherever the words Board of Community Development were used heretofore in any statute they shall be held and taken to mean the Board of Industry and Trade. The Board shall be composed of twenty members, two from each Congressional District in the

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State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. The members of the Board in office on the effective date of this Constitution shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1 of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. In making appointments to the Board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The Board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Department. Paragraph II. Powers . In addition to such powers and duties as may from time to time be conferred upon the Board of Industry and Trade and the Department of Industry and Trade, the Board of Industry and Trade shall be authorized to participate with any county, municipality, nonprofit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State, notwithstanding any other provisions of this Constitution to the contrary. Section VIII. State Transportation Board Paragraph I. State Transportation Board Created . There shall be a State Transportation Board, composed of as many members as there are Congressional Districts in the State. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. The members of the Board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. The successors to such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law enacted or as may hereafter be enacted to implement this Paragraph. The State Transportation Board shall elect a Commissioner of Transportation, who shall be the Chief Executive Officer of the Department of Transportation. The General Assembly shall define by law the powers, duties, qualifications and compensation of the Board and of the Commissioner, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein. Paragraph II. Compliance with Federal Law . In order to comply with Federal law providing for control of outdoor advertising and junk yards adjacent to the roads of the Federal-Aid Highway Systems:

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(1) the State of Georgia, acting by and through the Department of Transportation, is authorized to acquire any interests in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requiring the removal or screening of junk yards adjacent to such roads, said acquisition to be in accordance with provisions of law and of this Constitution relating to the acquiring of private property interests for such public road purposes and activities incident thereto; and (2) the General Assembly may zone property adjacent to the public roads of such Federal-Aid Highway Systems for commercial or industrial purposes or in respect to the location of advertising signs, displays or devices or in respect to the establishment, removal or control of junk yards and may provide for rules and regulations governing advertising and junk yards adjacent to such roads. The General Assembly is authorized to provide for landscaping and roadside development within the rights-of-way of the Federal-Aid Highway Systems and for the acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the rights-of-way of the Federal-Aid Highway Systems. Paragraph III. Intermodal Transportation Funds . The General Assembly is authorized, notwithstanding any other provisions of this Constitution except those provisions relating to taxes on motor fuels, to provide by law for the receipt, administration, and disbursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, railroads, buses, terminals, waterways, airports, and port facilities and to exercise the powers of taxation and provide for the expenditure of public funds in connection therewith. Paragraph IV. Construction of Statutes . Wherever the words State Highway Board were used heretofore in any statute, they shall be held and taken to mean the State Transportation Board. Wherever the word Director was used heretofore in connection with the Department of Transportation or State Highway Department in any statute, it shall be held and taken to mean Commissioner of Transportation. Wherever the words State Highway Department or State Highway Department of Georgia were used heretofore in any statute, they shall be held and taken to mean the Department of Transportation.

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ARTICLE V. EXECUTIVE BRANCH Section I. Election of Governor and Lieutenant Governor Paragraph I. Governor; Term of Office; Compensation and Allowances . The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving on the effective date of this Constitution and future Governors shall be eligible to succeed themselves for one four-year term. In the event a Governor succeeds himself he shall not again be eligible to hold the office of Governor. In the event a Governor does not succeed himself he shall not be eligible to hold the office of Governor until after the expiration of four years from the conclusion of his term. The compensation and allowances of the Governor shall be as provided by law. No Governor shall receive any emolument from the United States, or either of them, or from any foreign power. Paragraph II. Election for Governor . The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1978, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same. Paragraph III. Transmission, Canvassing and Publishing Election Returns . The returns of each election district in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns. Paragraph IV. Run-off Election . In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the

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third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State. Paragraph V. General Assembly may Provide Additional Procedures . The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs III and IV and in connection with any contested election, provided such laws are not inconsistent with the provisions therein. Paragraph VI. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate. The compensation and allowances of the Lieutenant Governor shall be as provided by law. Paragraph VII. Qualifications of Governor and Lieutenant Governor. No person shall be eligible to the office of Governor or Lieutenant Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years immediately preceding his election, and who shall not have attained the age of thirty years when he assumes office. Paragraph VIII. Succession to Executive Power. In case of the death, resignation, or disability of the Governor or the Governor-Elect, the Lieutenant Governor or the Lieutenant Governor-Elect upon becoming the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor

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at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. Paragraph IX. Oath of Office. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America. Section II. Duties and Powers of Governor Paragraph I. Commander-in-Chief. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof. Paragraph II. Reprieves and Pardons. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, herein-before provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. Paragraph III. Writs of Election; Called Sessions of the General Assembly. The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information on the state of the State, and recommend for its consideration such measures as he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation convening them; providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been completed.

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Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self-convened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed. The members of the General Assembly shall receive the same compensation and allowances during such extraordinary session as provided by law during a regular session. Paragraph IV. Filling Vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof. Paragraph V. Appointments Rejected. A person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter. Paragraph VI. Governor's veto. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each House may pass a law notwithstanding his veto; and if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall become a law. He may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House. Whenever such bill has been vetoed by the Governor, it shall be the duty of the Governor to transmit such bill to the presiding officer of the Branch of the General Assembly in which it originated, together with a list of reasons, if any, for such veto. Such transmission shall be made within thirty-five days (Sundays excepted) from the date of the adjournment of the Session of the General Assembly at which such bill was passed. Such bill may be considered by the Branch of the General Assembly

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in which it originated at any time within the first ten days of the next regular Session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted by the Secretary of or the Clerk of such Branch of the General Assembly to the other Branch of the General Assembly. It shall be the duty of the presiding officer of such other Branch of the General Assembly upon receiving such Bill to dispense with all business that is then being considered and to then and there consider and act upon such Bill for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly such Bill shall become law. In the event either Branch of the General Assembly should fail to override the Governor's action on a Bill, such Bill shall not again be presented to the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any bill is enacted into law pursuant to the terms of this paragraph, the effective date of such bill shall be on the date that such bill was acted upon by the Branch of the General Assembly last acting upon such bill. Provided, however, that any bills that are vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which the Governor is elected, shall not be subject to be overridden by the next regular session of the General Assembly. Paragraph VII. Governor to Approve Resolutions, Etc. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution or to provide for a new Constitution. Paragraph VIII. Information From Officers and Employees; Suspension of Officers. The Governor may require information in writing from Constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same. Section III. Other Elected Executive Officers Paragraph I. Executive Officers, How Elected . The Secretary of State, Attorney General, State School Superintendent, Comptroller General,

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Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers; and they shall be commissioned by the Governor and hold their offices for the same time as the Governor. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in an election for any of the above-named offices, the Governor elected at such election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election at which time a successor shall be elected to serve out the unexpired term of office. Paragraph II. Duties, Authority, and Compensation and Allowances of Other Executive Officers . The General Assembly shall have power to prescribe the duties, authority, and compensation and allowances of the executive officers, and to provide help and expenses necessary for the operation of the department of each. Paragraph III. Profit From Use of Public Money . No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation, for the deposit, or use, in any manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties. Paragraph IV. Qualifications . No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, shall have resided in this State for six years next preceding his election, and shall be at least twenty-five years of age when elected. All of said officers shall give bond and security, under regulation to be prescribed by law, for the faithful discharge of their duties. Paragraph V. Fees and Perquisites Denied . No State official named in Paragraph I of this Section shall be allowed any fee, perquisite or compensation other than his compensation and allowances as prescribed by law, except his necessary expenses when absent from the seat of government on business for the State. Paragraph VI. Great Seal: What Constitutes; Custody; When Affixed to Instruments . The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law.

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Section IV. Disability of Executive Officers Paragraph I. Disability of Executive Officers . Except as otherwise provided in this Constitution, if any elected Constitutional Executive Officer is unable to perform the duties of his office because of a permanent physical or mental disability, determined, after hearing evidence including testimony from not less than three qualified physicians in private practice, one of whom must be a psychiatrist, not employed in any capacity by State, federal or local governments, by the Supreme Court of Georgia upon a petition of any four elected Constitutional Executive Officers, such office shall be declared vacant and the successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. If upon such petition, it is determined that the disability is not permanent, the Supreme Court shall determine when the disability has ended and the officer shall resume the exercise of his powers. During the period of temporary disability the powers of such office shall be exercised as provided for by this Constitution or the laws enacted in pursuance thereof. As used in this Section the term elected constitutional executive officer means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Comptroller General, the Commissioner of Agriculture and the Commissioner of Labor. The Supreme Court shall by appropriate rule provide for a speedy and public hearing, including notice of the nature and cause of the accusation, process for obtaining witnesses and the assistance of Counsel. ARTICLE VI. JUDICIARY Section I. Courts Enumerated Paragraph I. Courts Enumerated . The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Probate Courts, Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law. Paragraph II. Unified Judicial System . For the purposes of administration, all of the courts of the State shall be a part of one unified judicial system. The administration of the unified judicial system shall be as provided by law. As used herein, administration does not include abolition or creation of courts, selection of judges, or jurisdictional provisions other than as otherwise authorized in this Constitution. The administration provided herein shall only be performed by the unified judicial system itself and shall not be administered to or controlled by any other department of Government.

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Section II. Supreme Court and Court of Appeals Paragraph I. Supreme Court Justices; Quorum . The Supreme Court shall consist of seven associate justices, who shall from time to time as they may deem proper, elect one of their members as Chief Justice and one as Presiding Justice. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when he is absent or disqualified. A majority of the court shall constitute a quorum. Paragraph II. Court to Designate Judges to Preside, When . When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Court to preside in said case, provided, that if all the justices are disqualified, they or a majority of them shall, despite their disqualification, select seven judges of the Superior Courts to preside in the case, but they shall make such selections by lot and in open court from not less than twelve names of such Superior Court judges. Paragraph III. Terms of Office . The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people at the same time and in the same manner as members of the General Assembly. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall be made to the Secretary of State, who shall certify the result to the Governor, and commission shall issue accordingly. Paragraph IV. Jurisdiction of Supreme Court . The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, as existed on August 16, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the

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case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the judges of that Court when sitting as a body for the determination of cases. Paragraph V. Cases, How Disposed Of . The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term for which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting therefrom. Paragraph VI. Judgments May be Withheld . In any case the Supreme Court or the Court of Appeals may in its discretion withhold its judgment until the next term after the same is argued. Paragraph VII. The Supreme Court; How Cases To Be Heard and Determined . The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be prescribed by it. Paragraph VIII. Court of Appeals . The Court of Appeals shall consist of not less than three Judges, and of such additional Judges as the General Assembly shall from time to time prescribe. The terms of the Judges of the Court of Appeals shall be for six years and until their successors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, as they existed on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution

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upon the Supreme Court, and in such other cases as may now or hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall be entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the Court has or may hereafter prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals on the effective date of this Constitution, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as may be otherwise provided by the General Assembly. In the event of an equal division of judges on any case when the Court is sitting as a body, the case shall be immediately transferred to the Supreme Court. Paragraph IX. Appeals from the Juvenile Court . The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion for new trial having been made, all final judgments, orders, decrees and adjudications rendered by any juvenile court, and, it shall further be the duty of the District Attorney of the judicial circuit within which the juvenile court or courts are located to represent the juvenile court on such appeals. The time

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for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, or as may hereafter be provided by law, but in any case, the Juvenile Judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required. Section III. Superior Courts Paragraph I. Terms, Etc., of Superior Court Judges . There shall be not less than one judge of the Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; or to reduce the number of judges in any judicial circuit. Notwithstanding the provision of this Section providing for a term of four years for judges of the superior courts and notwithstanding any other provision of this Constitution, the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit shall be for eight years and until his successor is qualified. Paragraph II. Elections, When to Be Held . The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms. Paragraph III. Terms Begin, When . The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor 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. Section IV. Jurisdiction Paragraph I. Exclusive Jurisdiction Except in Juvenile Cases . The Superior Courts shall have exclusive jurisdiction in cases of divorce; in

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criminal cases where the offender is subjected to loss of life or confinement in the penitentiary, except in the case of juvenile offenders as provided by law; in cases respecting titles to land; and equity cases. Paragraph II. Equity May Be Merged in Common Law Courts . The General Assembly may confer upon the courts of common law all the powers heretofore exercised by courts of equity in this State. Paragraph III. General Jurisdiction . Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided. Paragraph IV. Appellate Jurisdiction . They shall have appellate jurisdiction in all cases as may be provided by law. Paragraph V. Certiorari, Mandamus, Etc. They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said Courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law. Paragraph VI. New Trials . The Superior, State and City Courts may grant new trials on legal grounds. Paragraph VII. Judgment of the Court . The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party. Paragraph VIII. Sessions . The Superior courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived. Paragraph IX. Presiding Judge Disqualified . The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified. Paragraph X. Judges of Superior, State and City Courts May Alternate, When . In any county within which there is, or hereafter may be, a City Court or a State Court the Judge of such a Court, and the Judge of the Superior Court may preside in the Courts of each other in cases where the judge of either Court is disqualified to preside.

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Section V. State Court of Claims Paragraph I. State Court of Claims; jurisdiction; appeals . The General Assembly is hereby authorized to create and establish a State Court of Claims with jurisdiction to try and dispose of cases involving claims for injury or damage, except the taking of private property for public purposes, against the State of Georgia, its agencies or political subdivisions, as the General Assembly may provide by law. Notwithstanding any other provision of this Constitution, the General Assembly may provide for exclusive jurisdiction over such cases in the State Court of Claims, provide for trial of such cases without a jury, and prescribe the place and manner in which such cases may be brought and tried. The Supreme Court and the Court of Appeals shall have original jurisdiction to try and correct errors of law from such State Court of Claims according to the method of appeal to said courts now provided for or as may hereafter be provided by law. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of any waiver of immunity provided in this Constitution and such waiver or qualification of immunity as is now or may hereafter be provided by act of the General Assembly. Section VI. Probate Court Paragraph I. Probate Court; Judge of Probate Court; Appeals . The powers of a court of probate shall be vested in the Probate Court and the Judge of the Probate Court for each county, from whose decisions there may be an appeal, or by consent of the parties, without a decision, to the Superior Court under regulations prescribed by law. Paragraph II. Powers . (a) The Probate Courts shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law. (b) The Probate Courts shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the traffic laws of the State, and in all cases arising under the Compulsory School Attendance Law in all counties of this State in which there is no State court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offenses arising under the traffic laws of the State within their respective jurisdictions. Paragraph III. Term of Office . The Judge of the Probate Court shall hold his office for a term of four years and until his successor is elected and qualified.

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Paragraph IV. Construction . Wherever the words Ordinary, or Ordinaries or the words Court of Ordinary or Courts of Ordinary appear in any statutes of this State, and such words refer to the county officer heretofore known and designated as the Ordinary or the court heretofore known and designated as the Court of Ordinary, such words are hereby stricken and the words Judge of the Probate Court or Judges of the Probate Courts or the words Probate Court or Probate Courts, respectively, are hereby inserted in lieu of such stricken words. The changing of the name of the Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively, shall not affect the status of any matter pending before any such officer or any such court on January 1, 1975, and any such matter may be continued or disposed of by the Judge of the Probate Court or by the Probate Court, as the case may be. Section VII. Justices of the Peace Paragraph I. Number and Term of office . Unless it has been otherwise provided by the General Assembly, there shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace together with such additional jurisdiction, either as to amount or subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules

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and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia. Paragraph II. Jurisdiction . Justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law. Paragraph III. Elections and Commissions . Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office. Section VIII. Notaries Public Paragraph I. Appointment; Number; Term; Removal . Commissioned notaries public, not to exceed one for each militia district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office. Section IX. Uniformity of Courts Paragraph I. Uniformity Provided For . Except as otherwise provided in this Constitution, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except State Courts and City Courts) of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity must be established by the General Assembly, and in case of State Courts and City Courts, may be established by the General Assembly. Section X. Attorney General Paragraph I. Election; term of office . There shall be an Attorney General of this State, who shall be elected by the people at the same time, for the same term and in the same manner as the Governor.

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Paragraph II. Duties . It shall be the duty of the Attorney General to act as the legal advisor of the Executive Department, to represent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law. Section XI. District Attorneys Paragraph I. Number; term of office; vacancies . There shall be a district attorney for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the district attorney is to serve, who are qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Paragraph II. Duties . It shall be the duty of the district attorney to represent the State in all cases in the superior court of his circuit and in all cases taken up from the superior courts of his circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of him by law. Paragraph III. Construction . Wherever the words solicitor general were used heretofore in any statue, when such words were used to refer to the office of the district attorney provided for in this Section, they shall be held and taken to mean the district attorney. Section XII. Salaries of Justices, Judges, and District Attorneys Paragraph I. Compensation and Allowances of Justices, Judges and District Attorneys . The Justices of the Supreme Court, the Judges of the Court of Appeals, the Judges of the Superior Courts, and the District Attorneys shall receive such compensation and allowances as provided by law. The General Assembly may authorize any county to supplement the compensation and allowances of a judge of the Superior Court and District Attorney of the Judicial Circuit in which such county lies out of county funds: Provided, however, where such compensation and allowances are, on the effective date of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly; Provided, further, that the Board of County Commissioners of Richmond County, or the Judge of the Probate Court, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury the compensation and allowances

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of the Judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of Two Thousand ($2,000) Dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said County, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such compensation and allowances from the County treasury as above provided. Paragraph II. Power to Abolish or Reinstate Fees of District Attorney . The General Assembly shall have power, at any time, by law, to abolish the fees accruing to the office of district attorney in any particular judicial circuit, and in lieu thereof to prescribe compensation and allowances for such office, without regard to the uniformity of such compensation or allowances in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of district attorney in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such compensation and allowances and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the district attorney was elected. Section XIII. Qualifications of Justices, Judges, Etc. Paragraph I. Age; Citizenship; Practice of Law . No person shall be a Justice of the Supreme Court, a Judge of the Court of Appeals, or a Judge of Superior Courts, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years. No person shall be Attorney General unless at the time of his election he shall have attained the age of twenty-five years, and shall have been a citizen of the State for six years next preceding his election, and have practiced law for seven years. No person shall be a district attorney, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election. Paragraph II. Emeritus Justices and Judges; Preside . Chief Justices Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service. Paragraph III. Discipline, Removal, and Involuntary Retirement . (a) Judicial Qualifications Commission. There shall be a Judicial Qualifications Commission. It shall consist of seven members, as follows: (i) two judges of any court of record, each selected by the Supreme Court; (ii)

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three members of the State Bar, who shall have practiced law in this State for at least ten years and who shall be elected by the Board of Governors of the State Bar; and (iii) two citizens, neither of whom shall be a member of the State Bar, who shall be appointed by the Governor. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms and until their successors are elected or appointed and have qualified. Thereafter, all members shall serve for terms of four years each and until their successors are elected or appointed and have qualified. Whenever any member ceases to hold the office or to possess the qualifications which entitled him to be appointed a member, his membership shall terminate, and the appointing authority shall select his successor for the unexpired term. No member of the Commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties. No member of the Commission except the Judges shall hold any other public office or be eligible for appointment to a State judicial office so long as he is a member of the Commission. No member shall hold office in any political party or organization. No act of the Commission shall be valid unless concurred in by a majority of its members. The Commission shall select one of its members to serve as chairman. (b) Procedure and Grounds. A justice or judge of any court of this State, in accordance with the procedure prescribed in this Paragraph, may be removed or otherwise disciplined for willful misconduct in office, or willful and persistent failure to perform his duties, or habitual intemperance; or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or he may be retired for disability seriously interfering with the performance of his duties, which is, or is likely to become, of a permanent character. The Commission may, after such investigation as it deems necessary, order a hearing to be held before it concerning the removal or retirement of a justice or a judge, or the Commission may in its discretion request the Supreme Court to appoint a special master to hear and take evidence in the matter and to report thereon to the Commission. If, after hearing, or after considering the record and report of the master, the Commission finds good cause therefor, it shall recommend to the Supreme Court the removal, other discipline, or retirement, as the case may be, of the justice or judge. The Supreme Court shall review the record of the proceedings on the law and facts, and in its discretion may permit the introduction of additional evidence and shall order removal, other discipline, or retirement, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges as if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his compensation and allowances shall cease from the date of the order.

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The Supreme Court shall prescribe rules governing privilege, confidentiality, and practice and procedure in all proceedings brought hereunder. A justice or judge who is a member of the Commission or Supreme Court shall not participate in any proceedings involving his own removal, other discipline or retirement. Section XIV. Venue Paragraph I. Divorce Case . Divorce cases shall be brought in the county where the defendant resides, if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation. Paragraph II. Land Titles . Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction. Paragraph III. Equity Cases . Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed. Paragraph IV. Suits Against Joint Obligors, Co-partners, Etc. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county. Paragraph V. Suits Against Maker, Endorser, Etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. Paragraph VI. All Other Cases . All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county. Paragraph VII. Power to Change Venue . The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law.

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Section XV. Jury Trial Paragraph I. Right of Trial By Jury . The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court. Paragraph II. Selection of Jurors . The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe. Paragraph III. Compensation of Jurors . It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State. Section XVI. What Courts May Be Abolished Paragraph I. Power to Abolish Courts . All courts not specially mentioned by name in the first Section of this Article may be abolished in any county at the discretion of the General Assembly. Paragraph II. Supreme Court Cost; Pauper Oath . The cost in the Supreme Court and Court of Appeals shall be as provided by law. Plaintiffs in error shall not be required to pay costs in said courts when the usual pauper oath is filed in the court below. ARTICLE VII. TAXATION Section I. Power of Taxation Paragraph I. Taxation, a Sovereign Right . The right of taxation is a sovereign rightinalienable, indestructibleis the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly.

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The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party. Paragraph II. Taxing Power Limited . The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth (1/4) mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof. Paragraph III. Uniformity; Classification of Property . All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property. Notwithstanding anything to the contrary contained in this Paragraph, the General Assembly shall be authorized to enact legislation treating any and all motor vehicles, including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles. Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legislation treating any and all mobile homes, other than those mobile homes which qualify the owner thereof for the homestead property tax exemption under Georgia law, as a separate class of property from other classes of tangible property for ad valorem tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes. The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes, of public utilities, but not a greater basis of value or at a higher rate of taxation than other properties.

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Paragraph IV. Exemptions From Taxation . The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation farm products, including baled cotton, grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production. The General Assembly is hereby authorized to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home, if not held for sale, rental or other commercial use, shall be exempt from all ad valorem taxation. The General Assembly is further authorized to provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value. The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already

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entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities. There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. The legislature may exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan if such trust is exempt from Federal income tax under Section 401(a) of the Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified. Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead, which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term disabled veteran, as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private

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retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974. The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution. The General Assembly is further authorized to provide for the manner in which such exemptions shall be granted and to prescribe the prerequisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate State agency or organization to which the General Assembly shall be authorized to delegate any and all powers necessary and appropriate to carry out the purposes and responsibilities of this paragraph. The governing authority of any county or municipality may exempt from ad valorem taxation, including all such taxes levied for State, county, municipal, or school purposes, all of the value of certain tangible property used in a solar energy heating or cooling system, and all the value of certain tangible property consisting only of machinery and equipment directly used in the manufacture of solar energy heating or cooling systems. For the purposes of this subparagraph, solar energy heating or cooling systems shall mean and include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating or cooling, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating or cooling.

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For the purposes of this exemption, the term heating shall also mean and include water heating and drying. This subparagraph shall be repealed and shall be null and void effective July 1, 1986. The exemptions granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemptions granted by this Paragraph in the manner herein provided. The General Assembly shall be authorized to exempt from ad valorem taxation property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations. The General Assembly shall be authorized to exempt from ad valorem taxation property of nonprofit homes for the aged used in connection with their operation, provided that such homes for the aged have no stockholders and no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are qualified as exempt organizations under the United States Internal Revenue Code of 1954, Section 501, as amended, and are subject to the laws of Georgia regulating nonprofit and charitable corporations. Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption from all ad valorem taxes on the vehicle which he owns and on which he actually places the free HV vehicle license plates he receives from the State of Georgia, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The term disabled veteran, as used herein, means any veteran who was discharged under other than dishonorable conditions, and who served on active duty of the Armed Forces of the United States or on active duty in a reserve component of the United States including the National Guard, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for: (1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Loss of sight in one or both eyes; (4) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there

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is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye. The homestead of each resident of each independent school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of such city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972. The homestead of each resident of each county school district who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the

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homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972. In order to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation. The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for State purposes, all or any combination of the following types of tangible personal property: (1) Inventory of goods in the process of manufacture or production which shall include all party finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia. The exemption provided for herein shall apply only to tangible personal property which is substantially modified, altered or changed in the ordinary course of the taxpayer's manufacturing, processing or production operations in this State. (2) Inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is produced or manufactured. (3) Inventory of finished goods which, on the first day of January, are stored in a warehouse, dock or wharf, whether public or private, and which are destined for shipment to a final destination outside the State of Georgia and inventory of finished goods which are shipped into the State of Georgia from outside this State and stored for transshipment to a final destination outside this State. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date

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such property is stored in this State. All property that is claimed to be exempt under the provisions of this subsection shall be designated as being in transit upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such in transit property, shall be at all times open to the inspection of all taxing authorities of this State and of any political subdivision of this State. As used in this Paragraph, the following words, terms and phrases are defined as follows: (a) Finished Goods shall mean goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources, or raw materials, or goods in the process of manufacture or production, or the stock-in-trade of a retailer. (b) Raw Materials shall mean any material whether crude or processed that can be converted by manufacture, processing, or combination into a new and useful product, but shall not include unrecovered, unextracted, or unsevered natural resources. Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided herein, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined herein which are being proposed to be exempted from taxation. The election superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein may, by appropriate resolution, a copy of which shall be immediately transmitted to the State Revenue Commissioner, exempt from taxation 20%, 40%, 60%, 80% or all of the value of such tangible personal property as defined herein. Provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided herein. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner;

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provided, that such increase shall be in increments of 20%, 40%, 60%, or 80% of the value of such tangible personal property as defined herein, within the discretion of such governing authority. If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next ensuing calendar year, otherwise such exemption may not be granted. Exemptions may only be revoked by a referendum election called and conducted as provided herein; provided, that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. All laws exempting property from taxation, other than the property herein enumerated, shall be void. Paragraph V. Revocation of Tax Exemptions . All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void. Section II. Purposes and Method of Taxation Paragraph I. Taxation, How and For What Purposes Exercised . The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only: 1. For the support of the State Government and the public institutions. 2. For educational purposes. 3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor. 4. To suppress insurrection, to repel invasion, and defend the State in time of war. 5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried. 6. To construct and maintain State buildings and a system of State highways, airports, and docks. 7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no

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person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes. 8. In order to extend to the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act. (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the Social Security Act, as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in sub-chapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to time be amended), the General Assembly is authorized to enact such legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in the manner as provided therein and as provided by the General Assembly. The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by law on November 4, 1952, together with such further powers and duties as may be now or hereafter provided by law. 9. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. 10. For public health purposes. 11. Public transportation of passengers for hire is an essential governmental function and a public purpose for which the power of taxation by the State may be exercised and its public funds expended, provided, however, that the State of Georgia shall not provide more than 10 per cent of the total cost, either directly or indirectly. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or Authority established by the General Assembly for the performance of the aforesaid function and purpose, or contracting, through appropriate departments or instrumentalities of State government, with any such public corporation or Authority established by the General Assembly for performance of the aforesaid function and purpose.

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12. For school lunch purposes. 13. To pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music, and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program. Paragraph II. Promotion of agricultural and other products; financing; disposition of funds . Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the agricultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food, and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including provisions for quality and/or product control may be instituted, continued or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities and commissions, to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum, and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products. Paragraph III. Revenue to Be Paid Into General Fund . All money collected from taxes, fees and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this Section and for these purposes only. Paragraph IV. Grants to Municipalities . Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the granting of State funds to the municipalities of Georgia, in such manner and form and under such procedure as the General Assembly may prescribe. The General Assembly is also authorized but not directed, to provide the purpose or purposes for which such funds may be expended by the municipalities. The General Assembly is hereby

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authorized to exercise the power of taxation over the entire State in order to carry out the provisions of this Paragraph. Paragraph V. Industrial Development Commission . The General Assembly shall have the power to create an Industrial Development Commission to make loans, to be secured by second mortgages, to such industrial development agencies as the Industrial Development Commission may select: Provided, that said agencies shall have raised sufficient capital and secured commitments for additional financing, which, in addition to the loan to be extended by said Commission, will adequately insure the completion of said project. The powers of taxation may be exercised through the General Assembly in order to implement and carry out the purposes for which said Commission is to be created. Section III. State Debt Paragraph I. Purposes for Which Debt may be Incurred; Limitations . Any other provisions of this Constitution to the contrary notwithstanding, the State may incur public debt, as follows: (a) The State may incur public debt without limit to repel invasion, suppress insurrection and defend the State in time of war. (b) The State may incur public debt to supply such temporary deficit as may exist in the State Treasury in any fiscal year because of necessary delay in collecting the taxes of that year but the debt so incurred shall not exceed, in the aggregate, five percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such debt is incurred, and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this subparagraph (b). (c) The State may incur public debt of two types for public purposes pursuant to this Paragraph: (1) general obligation debt and (2) guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the Amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or to

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make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article IX, Section VI, Paragraph I(a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; and provided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $18 million dollars, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $72 million dollars. For the purpose of this Paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided, however, with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date. General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. The General Assembly shall raise by taxation each fiscal year, in addition to the sum necessary to make all payments required to be made under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall appropriate to a special trust fund to be designated State of Georgia General Obligation Debt Sinking Fund such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for the retirement of general obligation debt

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payable therefrom. If the General Assembly shall fail to make any such appropriation or if for any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same become due, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall set apart from the first revenues thereafter received, applicable to the general fund of the State, such amounts as are necessary to cure any such deficiency and shall immediately deposit the same into the sinking fund; provided, however, the obligation to make such sinking fund deposits shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the provisions of the second paragraph of Paragraph I(a) of Section VI of Article IX of this Constitution. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, may be required to set aside and apply such revenues as aforesaid at the suit of any holder of any general obligation debt incurred hereunder. The monies in the sinking fund shall be as fully invested as is practical, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase. Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be self-liquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue, which appropriation shall be paid upon the issuance of said obligations into a special trust fund to be designated State of Georgia Guaranteed Revenue Debt Common Reserve Fund to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. All such appropriations for the benefit of guaranteed revenue debt shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the payment of the same into said common reserve fund which shall be held and administered by the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law. If any payments are required to be made from said fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall pay from said common reserve fund the amount necessary to cure such deficiency. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall then reimburse from said fund from the general funds of the State within ten days following the commencement of any fiscal year of the State for

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any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution and shall also be subordinate to the obligation hereinabove imposed upon the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, to make sinking fund deposits for the benefit of general obligation debt. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, may be required to apply such funds as aforesaid at the suit of any holder of any such guaranteed revenue obligations. The amount to the credit of said common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of said fund. If at the end of any fiscal year of the State said fund is in excess of the required amount, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall transfer such excess to the general funds of the State free of said trust. The funds in the said common reserve shall be as fully invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the State. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase. The State, and all State institutions, departments and agencies of the State are prohibited from entering into any contract (except contracts pertaining to guaranteed revenue debt) with any public agency, public corporation, authority or similar entity if such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation or authority and, from and after September 1, 1974, in the event any contract between the State, or any State institution, department or agency of the State and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the State for the payment of obligations under any such contract shall likewise be prohibited; provided, however, all contracts entered into prior to September 1, 1974, shall continue to have the benefit of the protection afforded by the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution as fully and completely as though Paragraphs I-V of this Section were not in effect and for as long as any such contract shall remain in force and effect. Furthermore, nothing in Paragraphs I-V of this Section is intended directly or by implication to have any effect upon any provision of any such contract establishing lien rights, priorities regarding revenues or otherwise providing protection to the holders of obligations secured by such contracts. (d) The State may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations

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issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the fifteen percent limitation in subparagraph (c) above to the same extent as debt incurred under said subparagraph; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. In the event it is determined by the Georgia State Financing and Investment Commission that it is to the best interest of the State to fund or refund any such public debt or obligation, the same may be accomplished by resolution of the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding to the same extent and with the same effect as though the obligation to be issued had originally been authorized by action of the General Assembly as hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly (except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution are applicable and the continuing appropriation required to be made under the said provisions of this Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred. Paragraph II. Faith and Credit of State Pledged Debt may be Validated . The full faith, credit and taxing power of the State are hereby pledged to the payment of all public debt incurred under this Article and all such debt and the interest thereon shall be exempt from taxation. Such debt may be validated by judicial proceedings in the manner provided by the General Assembly and such validation shall be incontestable and conclusive. Paragraph III. Georgia State Financing and Investment Commission; Duties . There shall be a Georgia State Financing and Investment Commission. The Commission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, the Attorney General, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, and the Commissioner of Agriculture. The Commission shall be responsible for the issuance of all public debt incurred hereunder and for the

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proper application of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The Commission shall be responsible for the investment of all proceeds to be administered by it. The General Assembly may provide that income earned on any such investments may be used to pay operating expenses of the Commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution are applicable. The Commission shall be responsible for its own record keeping, reporting and related administrative and clerical functions. The Commission shall have such additional responsibilities, powers and duties as shall be provided by law. Paragraph IV. State Aid Forbidden . Except as herein provided, the credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation. Paragraph V. Construction . Paragraphs I, II, III and IV are for the purpose of providing a new and more effective method of financing the State's needs and their provisions and any law now or hereafter enacted by the General Assembly in furtherance thereof shall be liberally construed to effect such purpose. Insofar as any such provisions or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of such Paragraphs and laws enacted in furtherance thereof shall be controlling; provided, however, the provisions of such Paragraphs shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction such Paragraphs shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing. Paragraph VI. Assumption of Debts Forbidden . The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war: Provided, however, that the amendment to the Constitution of 1877 proposed by the General Assembly and set forth in the published Acts of the General Assembly of the year 1931 at page 97, which amendment was ratified on November 8, 1932, and which amendment provided for the assumption by the State, of indebtedness of the several counties of the State, as well as that of the Coastal Highway District, and the assessments made against the counties of said

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district for the construction and paving of the public roads or highways, including bridges, of the State, under certain conditions and for the issuance of certificates of indebtedness for such indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired. Paragraph VII. Profit on Public Money. The receiving, directly or indirectly, by any officer of State or county, or member or officer of the General Assembly of any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for the State or county purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office. Paragraph VIII. Certain Bonds Not to Be Paid. The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or any part, of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the War Between the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations. Paragraph IX. Sale of State's Property to Pay Bonded Debt. The proceeds of the sale of the Western and Atlantic Railroad, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds. Paragraph X. State Sinking Fund. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses. Such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not been matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also in bonds and securities issued by the Federal Government, and subsidiaries

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of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned, with the approval of the Governor, when amply secured by bonds of the State or Federal Government, upon such conditions as may be provided by law. ARTICLE VIII. EDUCATION Section I. Public Education Paragraph I. System of Common Schools; Free Tuition. The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Section II. State Board of Education Paragraph I. State Board of Education; Method of Appointment. There shall be a State Board of Education, composed of one member from each Congressional District in the State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law.

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Section III. State School Superintendent Paragraph I. State School Superintendent; Election, Term, Etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. Section IV. Board of Regents Paragraph I. University System of Georgia; Board of Regents. There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District in the State, and five additional members from the State-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the said Board. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Regents shall hold office until their successors are appointed. The said Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law. Paragraph II. Program for Elderly Citizens. The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University

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System of Georgia under the program established pursuant to this Paragraph shall not be counted as students by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions of this Paragraph. Section V. Local School Systems Paragraph I. School Districts. Authority is granted to county and area boards of education to establish and maintain public schools within their limits. The General Assembly may, by special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged, provided 51% of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education. Paragraph II. Boards of Education. Except as provided in Paragraph I of this Section, each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education. (a) Except as may now or hereafter be provided by any local or special law adopted pursuant to the provisions of subparagraph (b) of this Paragraph or as provided in any local constitutional amendment applicable to any county school district, the Grand Jury of each county shall select five citizens of their respective counties, who shall constitute the County Board of Education. The members of any such County Board of Education in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for five-year terms from the expiration of the previous term. In case of a vacancy on any such County Board of Education by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of such County Board of Education shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of such County Board of Education for the unexpired term. The members of any such County Board of Education of any such county shall be selected from that portion of the county not embraced within the territory of an independent school district.

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(b) Notwithstanding provisions contained in subparagraph (a) of this Paragraph or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their term of office, residence requirements, compensation, manner of election or appointment, and the method for filling vacancies occurring on said boards, may be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. Members of county boards of education shall have such powers and duties and such further qualifications as may be provided by law. (c) The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law enacted pursuant to Paragraph I of this Section. Subsequent to the creation of an area school district, the number and manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards of education shall have such powers, duties, and further qualifications as provided by law. (d) The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees. Paragraph III. Meetings of Boards of Education . All official meetings of County or Area Boards of Education shall be open to the public. Paragraph IV. Power of Boards to Contract With Each Other . Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform. Paragraph V. School Superintendent . There shall be a school superintendent of each school district, who shall be the executive officer of the board of education. (a) Except as may now or hereafter be provided by any local or special law adopted pursuant to the provisions of subparagraph (b) of this Paragraph or as provided in any local constitutional amendment applicable to any county school superintendent, the county school superintendent shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law. (b) Notwithstanding provisions contained in subparagraph (a) of this Paragraph or in any local constitutional amendment applicable to any

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county school superintendent, the term of office of County school superintendents, their residence requirements and the method of their election or appointment may be changed by local or special laws conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. County school superintendents shall have such qualifications, powers, duties and compensation as may be provided by law. (c) The manner of election or appointment, the qualifications, term of office, residence requirements, powers, duties and compensation of any area school district superintendent shall be as provided by law enacted pursuant to Paragraph I of this Section. Subsequent to the creation of an area school district, the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Area school superintendents shall have such powers, duties, and further qualifications as provided by law. Paragraph VI. Independent Systems Continued; New Systems Prohibited . Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established. Paragraph VII. Certain Systems Protected . Public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution. Section VI. Grants, Bequests and Donations Paragraph I. Grants, Bequests and Donations Permitted. The State, Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. Paragraph II. Grants, Bequests and Donations to County and Area Boards of Education and Independent School Systems. County and Area Boards of Education and independent school systems may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. Section VII. Local Taxation for Education Paragraph I. Local Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school district therein. The independent school system of Chatham County and the City of Savannah being co-extensive with said county,

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the levy of said tax shall be on all property in said county as recommended by the governing body of said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereto, including school lunch purposes. The twenty mill limitation provided for herein shall not apply to those counties now authorized to levy a school tax in excess thereof. Paragraph II. Increasing or Removing Tax Rate. The twenty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the judge of the probate court or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county or counties once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising the area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board of education may recommend any number of mills up to the specified amount. It shall be the duty of the judge of the probate court or the proper authorities, as the case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be. Section VIII. Freedom of Association Paragraph I. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens of Georgia.

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Section IX. Special Schools Paragraph I. Special School; Creation; Taxes and Bonds. The board of education of any county, area school district or independent school system, or any combination thereof, may establish, pursuant to local law enacted by the General Assembly, one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the local law authorizing the same, and such participating political subdivision shall be authorized to incur bonded indebtedness and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such local law. Schools established pursuant to provisions of this Section shall be operated in conformity with regulations promulgated by the State Board of Education pursuant to provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including vocational trade schools, established prior to November 8, 1966, pursuant to the amendment to Article VII, Section VI, Paragraph I of the Constitution of 1945 proposed by a resolution approved March 17, 1960 (Ga. Laws 1960, p. 1259) and ratified on November 8, 1960, shall not be affected by this Paragraph; any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness for the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article IX, Section VII of this Constitution and the laws of this State relative to incurring other bonded indebtedness. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law. ARTICLE IX. COUNTIES AND MUNICIPAL CORPORATIONS Section I. Counties Paragraph I. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as are provided in this Constitution and as prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided.

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Paragraph II. Number Limited . There shall not be more than one hundred and fifty-nine counties in this State. Paragraph III. New Counties Permitted, When . No new county shall be created except by the consolidation or merger of existing counties. Paragraph IV. County Lines . County lines shall not be changed, unless under the operation of a general law for that purpose. Paragraph V. County Sites Changed; Method . No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly. Paragraph VI. County Government Uniform; Exceptions . Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for County Commissioners in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector into the office of Tax Commissioner, and may fix his compensation, without respect to uniformity. Paragraph VII. Power to Create County Commissioners . The General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their duties. Paragraph VIII. County Officers; Election; Term; Removal; Eligibility . The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible for any of the offices referred to in this Paragraph unless he shall have been a resident of the county for two years and is a qualified voter. Paragraph IX. Sheriffs; qualifications . Any provision of this Constitution to the contrary notwithstanding, every sheriff shall possess the qualifications required by general law as minimum standards and training for peace officers. The General Assembly is hereby authorized to provide by law for higher qualifications for sheriffs. The provisions of this Paragraph shall not apply to any sheriff in office on January 1, 1977. Paragraph X. Compensation of County Officers . County officers may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law. Paragraph XI. Method of County Consolidation, Merger, or Division . The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county,

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and the merger of portions thereof into other counties; provided, however, upon the filing with the Judge of the Probate Court of any county of a petition signed by not less than twenty per centum (20%) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such Judge of the Probate Court to transmit a certified copy of such petition to each Judge of the Probate Court of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the Judge of the Probate Court or Judges of the Probate Courts of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the Judges of the Probate Courts of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve-month period. The Judges of the Probate Courts of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be prescribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51% of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly whose districts lie wholly or partially within such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Paragraph V hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Paragraph by law. Section II. County Home Rule Paragraph I. Home Rule for Counties . (a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not

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restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof. (b) Except as provided in Subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth: 1. Such local acts may be amended or repealed 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. A notice containing a synopsis of the proposed amendment or repeal shall be 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 shall state 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. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. 2. Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the Judge of the Probate Court of the county containing, in cases of counties with a population of five thousand or less, the signatures of at least twenty-five per centum of the electors registered to vote in the last general election; in cases of counties with a population of more than five thousand but not more than fifty thousand, at least twenty per centum of the electors registered to vote in the last general election; and in cases of a county with a population of more than fifty thousand, at least ten per centum of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The Judge of the Probate Court shall determine the validity of such petition within 60 days of its being filed with the Judge of the Probate Court. In the event the Judge of the Probate Court determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than sixty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The Judge of the Probate Court

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shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the Judge of the Probate Court of the county for the purpose of examination and inspection by the public. The Judge of the Probate Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, 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 county and it shall be the duty of the Judge of the Probate Court to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Judge of the Probate Court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of Paragraph III of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. In the event that the Judge of the Probate Cout determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid: Provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid. (c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution: 1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority. 2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority. 3. Action defining any criminal offense or providing for criminal punishment.

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4. Action adopting any form of taxation beyond that authorized by law or by this Constitution. 5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution. 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system. (d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. (e) Nothing in this Paragraph shall affect the provisions of Paragraph II of this Section. Paragraph II. Salary of County Employees; How Fixed . The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees. Paragraph III. Filing and Publication of Laws . No amendment or revision of any local act made pursuant to Paragraph I of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, 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 in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually. Section III. Municipal Corporations Paragraph I. General Assembly Authorized to Delegate its Powers . The General Assembly is authorized to provide 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 may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be exercised subject only to statutes of general application pertaining to municipalities.

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Section IV. General Provisions Applicable to Local Governments Paragraph I. Consolidation of Governments; Submission to Voters . The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting. Paragraph II. Supplementary Powers . In addition to and supplementary of any powers now conferred upon and possessed by any county, municipality, or any combination thereof, any county, any municipality and any combination of any such political subdivisions may exercise the following powers and provide the following services: (1) Police and fire protection. (2) Garbage and solid waste collection and disposal. (3) Public health facilities and services; including hospitals, ambulance, emergency rescue services, and animal control. (4) Street and road construction and maintenance; including curbs, sidewalks, street lights and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof. (5) Parks, recreational areas, programs and facilities. (6) Storm water and sewage collection and disposal systems. (7) Development, storage, treatment and purification and distribution of water. (8) Public housing. (9) Urban redevelopment programs. (10) Public transportation system. (11) Libraries. (12) Terminal and dock facilities and parking facilities. (13) Building, housing, plumbing, and electrical codes.

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(14) Air Pollution Control. (15) Planning and zoning, which is the power to provide within their respective jurisdictions for the zoning or districting of such political subdivisions for various uses and other or different uses prohibited in such zones or districts; 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 therein. Except as otherwise provided in this paragraph as to planning and zoning, nothing contained within this Paragraph shall operate to prohibit the General Assembly from enacting general laws relative to the above subject matters or to prohibit the General Assembly by general law from regulating, restricting or limiting the exercise of the above powers, but, the General Assembly shall not have the authority to withdraw any such powers. The General Assembly shall act upon the above subject matters only by general law. If population is used as a basis for classification for the applicability of any Act to any political subdivision or subdivisions of this State on the above subject matters, the Act shall apply only to political subdivisions of less than a specified population or shall apply to political subdivisions of more than a specified population. The General Assembly shall not, in any manner, regulate, restrict or limit the power and authority of any county, municipality, or any combination thereof, to plan and zone as herein defined. Provided, however, that no City or County may exercise any such powers or provide any such service herein listed inside the boundaries of any other local governments except by contract with the City or County affected unless otherwise provided by any local or special law and no existing local or special laws or provision of this Constitution is intended to be hereby repealed. Each county and municipality, and any combination thereof, shall have the authority to enact ordinances and to contract with each other in pursuance of this Paragraph and for the purposes of carrying out and effectuating the powers herein conferred upon such political subdivisions and in order to provide such services. Any county, municipality, and any combination thereof, or the General Assembly, may provide for the creation of special districts within which the above services, or any portion thereof, shall be provided, and to determine and fix reasonable charges and fees for such services. In addition, the powers of taxation and assessment may be exercised by any county, municipality or any combination thereof, or within any such district, for the above powers and in order to provide such services. Paragraph III. Taxing Power and Contributions of Counties, Cities and Political Division Restricted . The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or

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individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. Paragraph IV. Slum Clearance and Redevelopment . The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Section V. County Government; Taxation Power Paragraph I. Power of County Government . The General Assembly may authorize any county to exercise the power of taxation for any public purpose as authorized by general law or by this Constitution, and unless otherwise provided by this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. Paragraph II. Purposes of Taxation . In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly: 1. Pay the expenses of administration of the county government. 2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing. 3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county. 4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics.

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5. Establish and maintain a county police department. 6. Provide medical or other care and hospitalization for the indigent sick and to support paupers. 7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents. 8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law. 9. Provide fire protection for forest lands and conserve natural resources. 10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors: Provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds. 11. Establish and maintain a recreation system. 12. To provide for paying the principal and interest of any debt of the county and to provide a sinking fund therefor. 13. To provide for reasonable reserves for public improvements as may be fixed by law. 14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, as provided in Article VIII of this Constitution, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein. The grant of powers to counties contained in this Paragraph and in Paragraph IV of this Section shall not operate to prohibit the General Assembly from enacting general laws relative to the above subject matters or to prohibit the General Assembly by general law from regulating, restricting or limiting the exercise of such powers, except that the authority of the General Assembly provided herein shall not be construed to authorize the General Assembly to affect or modify the authority and duty of the governing authorities of counties to levy the tax provided for by subparagraph 14 above. The General Assembly shall act upon the above subject matters only by general law. The General Assembly shall not have the authority to withdraw any such powers. If population is used as a basis for classification for the applicability of any Act to any political subdivision or subdivisions of this State on the above subject matters, the Act shall apply only to political subdivisions of less than a specified population or shall apply to political subdivisions of more than a specified population.

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Paragraph III. Establishment of Taxing Districts . Except as provided in Paragraph II of Section IV herein or under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law. Paragraph IV. Eminent Domain . Any county is hereby authorized to exercise the power of eminent domain for any public purpose. Section VI. Contracts Paragraph I. Contracts For Use of Public Facilities . (a) The State, State institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, State institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake. Notwithstanding any other provision of any other Section of any other Article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year under lease contracts now entered into pursuant to this Paragraph I(a) by and between such department, agency, or institution of the State and any State authority which was created and activated on or before November 8, 1960, which said lease contracts constitute security for bonds or any other obligations heretofore issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.

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(b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this Section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority. (c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources. Paragraph II. Liability Insurance . The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defense as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy. Section VII. Limitation on County and Municipal Debts Paragraph I. Debts of Counties and Cities . The debt hereafter incurred by any county, municipal corporation or political subdivision of this State

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except as in this Constitution provided for, shall never exceed ten per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political subdivisions of this State to pass upon the issuance, of bonds by such counties, municipal corporations and other political subdivisions of this State are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political subdivisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years. Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporations, or partnerships as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs as may be promulgated by the Commissioner. All existing local constitutional amendments adopted prior to November 5, 1974, relating to maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by this Paragraph.

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Paragraph II. Levy of Taxes to Pay Bonds . Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness. Paragraph III. Additional Debt Authorized, When . In addition to the debt authorized in Paragraph I of this Section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality, or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision collectible annually, sufficient to pay in full the principal and interest of such additional debt when as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness. Paragraph IV. Temporary Loans Authorized; Conditions . In addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the State authorized to levy taxes, and county board of education, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipality, political subdivison or county Board of Education outstanding at any one time shall not exceed 75% of the total gross income of such county, municipality, political subdivision or county Board of Education, from taxes collected by such county, municipality, political subdivision or county Board of Education in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this Paragraph when there is a loan then

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unpaid which was made in a prior year under the provisions of this Paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, city, political subdivision or county Board of Education, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality, subdivision or county Board of Education shall incur in any one calendar year, an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue of such county, municipality, subdivision, or county Board of Education for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. Paragraph V. Community Disaster Loans . In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the State authorized to levy taxes is hereby granted the authority to obtain federal community disaster loans, in an amount up to twenty-five percent of the anticipated revenues for the fiscal year in which the disaster occurs, in accordance with and pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288); provided that authorization for such loans is contingent upon the county, municipality or political subdivision of the State suffering a substantial loss of tax and other revenues as a result of a major disaster and the existence of a demonstrated need for financial assistance in order to perform its governmental functions. Federal community disaster loans may only be applied for and obtained from the federal government under the condition that requirement of repayment of all or any part of such loans shall be cancelled in the event that and to the extent that revenues of the county, municipality or political subdivision during the full three-year fiscal period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster related expenses of a municipal operation character. Section VIII. Revenue Obligations Paragraph I. Revenue Anticipation Obligations . Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31, 1937, known as The Revenue Certificate Laws of 1937, as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only

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to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the municipality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities. The General Assembly is authorized to create an instrumentality and department of the State of Georgia to be known as the Brunswick Ports Authority, and to provide for its powers and functions. Act number 314 of the Acts of the General Assembly of 1945 (Ga. L. 1945, p. 1023) as amended by House Bill number 1053 of the General Assembly of 1958 (Ga. L. 1958, p. 82) is hereby ratified and confirmed, so that the said Acts shall have the same force and effect as if they had been enacted subsequent to the amendment adopted November 8, 1960, to Article VII, Section VII, Paragraph V of the Constitution of 1945; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so as to add and enlarge powers of the Authority. Paragraph II. Revenue Obligations Authorized . The development of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create Development Authorities to promote and further such purposes or may authorize the creation of such an Authority by any county or municipal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation Development Authority obligations, properties, activities or income and may authorize the issuance of Revenue Obligations by such Authorities which shall not constitute an indebtedness of the State within the meaning of Section VII of this Article. The General Assembly may provide for the validation of any Revenue

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Obligations authorized, and that such validation shall thereafter be incontestable and conclusive. Paragraph III. Refunding Bonds . The General Assembly is hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this State issued prior to the adoption of the Constitution of 1945, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers as to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipality, or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of the Constitution of 1945. Paragraph IV. Refunding Bonds to Reduce Bonded Indebtedness . The General Assembly is further authorized to give to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund any outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, for the purpose of reducing the amount payable, principal or interest, on such bonded indebtedness, and upon the condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority to approve or disapprove the terms of any such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued for the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters as otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution. Paragraph V. Sinking Funds for Bonds . All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing. The funds in such sinking fund shall be kept separate and apart from

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all other moneys of such county, municipality or subdivision, and shall be used for no purpose other than that above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority as has been created to hold and manage such sinking fund, in the bonds of such county, municipality or subdivision, in the bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government and in accounts and certificates which are fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, and no other. Any person or persons violating the above provisions shall be guilty of malpractice in office and shall also be guilty of a misdemeanor, and shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms of this paragraph. ARTICLE X. RETIREMENT SYSTEMS AND EDUCATIONAL SCHOLARSHIPS Section I. Retirement Systems Paragraph I. Teacher Retirement SystemTaxation For. The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder. Paragraph II. Retirement System for Employees. The General Assembly is authorized to establish an actuarially sound retirement system for employees under a merit system. Paragraph III. Public School Employees Retirement System. The General Assembly is hereby authorized to provide by law for the creation of an actuarially sound, participating retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunch-room personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in any amendatory Acts thereto, for the expenditure of State funds and the funds of county and independent boards of education in support of said retirement system, in such manner as the General Assembly shall determine. Paragraph IV. Firemen's Pension System. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits

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and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized. Paragraph V. Increased Retirement Benefits Authorized. (a) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created by law and such law provided that such system be funded wholly or partly from fines and forfeitures. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the system who have not retired, nor shall any such formerly retired person receive any increased benefits unless all formerly retired persons entitled to receive such increased benefits participate pro rata therein. (b) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired public schoolteachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education. The General Assembly shall be authorized to expend State funds for such purposes in such manner and pursuant to such terms and conditions as the General Assembly may provide by law. (c) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law to which the General Assembly appropriates funds. The General Assembly shall be authorized to appropriate funds for the purpose of increasing the retirement or pension benefits of such retired persons. Section II. Educational Scholarships, Loans, and Grants Paragraph I. Authorization. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State for educational purposes. The General Assembly is authorized to provide for all matters relative to such programs. Taxes may be levied and public funds expended for such purposes. Paragraph II. Grants for Education. Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for

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educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens. Paragraph III. State Medical Education Board. There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate past President of the Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter the Governor shall appoint three members for a term of four years, and shall appoint the President and the immediate past President of the Mediical Association of Georgia pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment by the Governor for the unexpired term. The members of the Board shall receive such compensation and allowances as provided by law for attending meetings of the board or in traveling elsewhere in the discharge of their duties requiring their absence from their respective places of abode, same to be paid upon the approval of the Chairman or Vice-Chairman of the Board, out of any funds made available to said Board. The secretary of the Board shall be whosoever is serving as the secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the Board and who shall also keep the books, records and accounts of the Board, and whose compensation as secretary of this Board shall be fixed by the Board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the Board, and the same shall be signed by the Chairman of the Board. The secretary shall also be the treasurer of the Board and shall keep an account for all the funds of the Board, and shall execute and file with the Board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance of his duties and that he shall properly account for all funds coming into his hands as such secretary, the premium on such bond to be paid out of the funds of the Board. The board may employ clerical assistance as is required and needed. The board shall elect a chairman and also a vice-chairman to serve in the absence or inability of the chairman. The board shall maintain an office at the Medical College of Georgia, and shall meet at the said office or elsewhere at least once each quarter at such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Three members of the board shall constitute a quorum for the transaction of business, and the board shall keep full, complete and permanent minutes and records of all its proceedings and actions. It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Georgia and who desire

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to become doctors of medicine and who are acceptable for enrollment in a qualified four-year medical school. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical education which will qualify them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character and qualifications of each applicant and determine his fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper, and the said board may prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this Paragraph. The investigation of the applicant shall include an investigation of the ability of the applicant, or of the parents of such applicant, to pay his own tuition at such a medical school and the board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the applicant's tuition at such a medical school. The said board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship for the purpose of acquiring a medical education as herein provided for, upon such terms and conditions to be imposed by the board as provided for in this Paragraph. Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $15,000.00 to any one applicant to be paid in such manner as may be determined by the Board with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited medical college or school in the United States. The loans and scholarships herein provided shall not exceed the sum herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the Board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 15,000 population or less, according to the United States Decennial Census of 1970 or any future such census, or at Central State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the Department of Human Resources or at any of the above facilities of the Department of Offender Rehabilitation. The Board shall have the authority to cancel the contract of any applicant at any time for cause deemed sufficient by the Board. Upon cancellation of the contract for any cause whatsoever, including default or breach thereof by the applicant, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the Board in cash with interest at the rate of nine percent (9%) per annum from the date of each payment by the Board, compounded annually. Each applicant before being granted a loan or scholarship shall enter

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into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Paragraph, and the form thereof shall be prepared and approved by the Attorney-General of this State, and shall be signed by the chairman of the board, countersigned by the secretary and shall be signed by the applicant. For the purposes of this Paragraph the disabilities of minority of all applicants granted loans or scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of full lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by an applicant is hereby declared to be a valid and binding contract the same as though the said applicant were of the full age of 18 years and upward. The board is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the board on any such contract. It shall be the duty of the board to contact and make inquiry of such of the four-year medical colleges and schools as herein provided as it deems proper, and make such arrangements and enter into such contracts, within the limitations as to cost as herein provided, for the admission of students granted loans or scholarships by the board, such contracts to be approved by the Attorney-General of this State, and the money obligations of such contract as made by the board with any such colleges shall be paid for out of funds to be provided by law for such purposes, and all students granted loans or scholarships shall attend a medical school with which the board has entered into a contract, or any accredited four-year medical school or college in which said applicant may obtain admission, and which is approved by the board. The board shall have authority to cancel any contract made between it and any applicant for loans or scholarships upon cause deemed sufficient by the board. And the board shall have authority to cancel such contracts which it may lawfully cancel made with any of the colleges or schools as herein provided. All payments of funds for loans or scholarships hereunder shall be made by requisition of the board signed by the chairman and the secretary directed to the auditor of public accounts, who shall thereupon issue a warrant on the treasury of the State of Georgia for the amount fixed in the requisition and payable to the person designated thereon, which said warrant upon presentation shall be paid by the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, out of any funds appropriated by the legislature for the purposes provided for under this Paragraph. All funds made available to the board by Act of the legislature for the purpose of defraying expenses of the board and the salaries of its secretary and employees shall be paid over and received by the treasurer of this board and by him deposited in some solvent bank within the State of Georgia, selected by the board, and such funds may be drawn and expended by check or warrant signed by the chairman and attested by the secretary.

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The board shall make a biennial report to the legislature of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the location of the applicants who have received their education and become licensed physicians and surgeons within this State as a result of the said loans and/or scholarships, and where they are practicing, and shall make a full report of all its expenditures for salaries and expenses incurred hereunder. It is the purpose and intent of this Paragraph to bring about an adequate supply of doctors of medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools, and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia. Paragraph IV. State Dental Education Board . There shall be a State Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia, and who desire to become dentists. The appointment of members of said State Dental Education Board of Georgia, their qualifications, terms of office, powers, duties, functions and authority; and the provision of funds to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly of the State of Georgia. Paragraph V. State Scholarship Commission . The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the para-medical, professional or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commission and is authorized to provide for all other matters relative to the purposes provided for herein. Paragraph VI. Mental Health Scholarships . The Commissioner of Human Resources, with the approval of the Board of Human Resources, is hereby authorized to extend scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a prerequisite to the grant of such scholarship, the recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for the enforcing of service required shall be the same as provided for medical grants and scholarships and such other remedies as may be provided by law. Paragraph VII. Board of Regents Scholarships . The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State

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of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000 received. The General Assembly shall appropriate such funds to the Board of Regents of the University System of Georgia as it sees fit in order to carry out the purposes of this provision. It shall be the duty of the Board of Regents to receive and pass upon, allow or disallow, all applications for scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate, and control all funds appropriated for this purpose. Paragraph VIII. Scholarships for Prospective Teachers . The State Board of Education shall have the authority to grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event. The General Assembly shall have the authority to appropriate such funds to the State Board of Education as it deems wise and proper to carry out the purposes of this provision. It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers, to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose. Paragraph IX. State Participation in Federal Educational Programs. The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available. Paragraph X. Scholarships Financed from State Agency Funds. State departments and agencies of the State government of Georgia shall have

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the authority to disburse State funds to match federal funds in order to provide qualified employees with educational scholarships and for use in other federal education programs but shall include the condition that personnel to whom the scholarships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for at least one year for each year spent in study or refund the money received for such scholarships pro rata. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies granting the scholarships. Provided further that no additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriations to the various State departments and State agencies. It shall be the duty of the various State departments and State agencies to receive and pass upon, allow or disallow all applications for scholarships in accordance with rules and regulations prescribed by them; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and to control all funds used for this purpose. Paragraph XI. Scholarships to Children of Law Enforcement Officers, Firemen, Etc. The General Assembly is hereby authorized to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the 12th grade, or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and conditions for granting such scholarships or other assistance and shall provide that the program established in pursuance of this Paragraph shall be administered by the State Scholarship Commission or the Higher Education Assistance Corporation, as the General Assembly shall determine. The General Assembly is hereby further authorized to appropriate any funds it deems necessary for the purpose of carrying out the provisions of this Paragraph. The General Assembly is hereby authorized and empowered to appropriate any amount of funds it deems necessary for the purposes of implementing any Act which becomes law as authorized by this Paragraph. Paragraph XII. Vocational Rehabilitation Grants. Notwithstanding any other provisions of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be authorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons provided, however, that nothing in this Paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly. Paragraph XIII. Tuition Grants to Children of Certain Prisoners of War. The General Assembly is hereby authorized to provide by law for tuition grants to qualified students, who are children of certain United States

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servicemen as hereinafter provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition grants shall apply to children of servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Department of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line of duty by a hostile force or forcibly detained or interned in line of duty by a foreign power since 26 March 1964; provided, however, that this shall not include any serviceman who is not in fact missing in action, but is missing because of unlawful actions on his part. The provisions of this Paragraph shall not apply to children born to any serviceman after his missing in action status is clarified or after his release from prison. The provisions of this Paragraph shall not apply to children of any servicemen who were discharged under other than honorable conditions. The provisions of this Paragraph shall not apply to the children of any servicemen who are eligible for federal benefits under the provisions of Chapter 31, Title 38, U. S. Code Annotated (Veterans Vocational Rehabilitation); Chapter 34, Title 38, U. S. Code Annotated (Veterans Educational Assistance); or Chapter 35, Title 38, U. S. Code Annotated (Veterans War Orphans Educational Assistance Act). The recipients of such tuition grants must attend institutions within the University System of Georgia or vocational training institutions administered by the State Board of Education. The educational assistance to children of servicemen under the provisions of this Paragraph shall cover a period not in excess of 36 months (or the equivalent thereof in part-time training). The educational assistance to children of servicemen under the provisions of this Paragraph shall begin on the eighteenth birthday of such children or the successful completion of secondary schooling, whichever occurs first, and end on their twenty-sixth birthday. The term child or children shall include individuals who are married. The Georgia State Scholarship Commission and the State Board of Education are hereby charged with the administration of this Paragraph and may promulgate necessary rules, regulations and procedures to carry out the purposes of this Paragraph. The General Assembly shall appropriate the necessary funds for said tuition grants. Paragraph XIV. Direct Loans for Students. (a) The General Assembly is hereby authorized to provide by law for a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corporation or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions as shall be deemed advisable

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in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein. (b) The General Assembly is hereby authorized to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the 12th grade. The amount of such revenue bonds that may be outstanding at any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other matters relating to the issuance of such bonds shall be as the General Assembly shall provide by law. Such bonds shall be retired by the proceeds derived from the repayment of such student loans plus the interest, which may be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the General Assembly shall determine. To the extent necessary to secure the issuance and sale of such bonds, such bonds may be retired from State funds in such manner as the General Assembly shall determine, any other provisions of this Constitution to the contrary notwithstanding. Paragraph XV. Grants and Scholarships to College Students. The General Assembly is authorized to provide by law for grants or scholarships to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes. ARTICLE XI. THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE Section I. Paragraph I. Supreme Law. The laws of general operation in this State are, first: As the Supreme law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States. Paragraph II. Second in Authority. Second: As next in authority thereto: This Constitution. Paragraph III. Third in Authority. Third: In subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until the same are modified or repealed by the General Assembly. Paragraph IV. Local and Private Acts. Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons, not inconsistent with the Supreme law, nor with this Constitution and which have not expired nor been repealed, shall have the force of Statute law,

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subject to judicial decision as to their validity when passed, and to any limitations imposed by their own terms. Paragraph V. Proceedings of Courts Confirmed . All judgments, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review or other proceedings, in conformity with the law of force when they were made. ARTICLE XII. AMENDMENTS TO THE CONSTITUTION Section I. Paragraph I. Proposals to amend the Constitution; new Constitution; submission to people . A new Constitution or amendments to this Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assembly to provide for a new Constitution or to amend this Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members elected to each branch of the General Assembly in a roll call vote, such proposal shall be entered on the Journals of each branch with the Ayes and Nays taken thereon. Any proposal to amend this Constitution or any proposal for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members elected to each branch of the General Assembly in a roll call vote entered on their respective Journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted. The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, it shall be published, as provided by law in full, once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each Congressional District of the State. If such proposed amendment is not general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments. Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the

Page 4783

next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted at the next general election which is held in the even-numbered years, but shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. A proposal for one or more changes within a single Article may be submitted as a single amendment. A proposal for one or more changes within a single Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. A proposal for a new Article may be submitted as a single amendment. A proposal for a new Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. Paragraph II. Convention, How Called . No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. Paragraph III. Veto Not Permitted . The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution. Paragraph IV. Effective date of amendments . Unless the amendment itself shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification. ARTICLE XIII. MISCELLANEOUS PROVISIONS Section I. Miscellaneous Provisions Paragraph I. Continuation of Officers . Except as otherwise provided in this Constitution, the officers of the State and all political subdivisions thereof now existing shall continue in the exercise of their functions and

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duties subject to the provisions of laws applicable thereto and subject to the provisions of this Constitution. Paragraph II. Amendments Continued as Part of This Constitution . Amendments to the Constitution of 1877 which were continued in force and effect by Article VII, Section X, Paragraph I of the Constitution of 1945, and which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which did not directly affect the whole State and which were required to be ratified in a particular subdivision or subdivisions as well as in the State as a whole, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified pursuant to the provisions of an amendment to Article XIII, Section I, Paragraph I ratified at the 1952 general election and found in Georgia Laws 1951, page 681, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified subsequent to 1956 but which were not ratified as general amendments, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified subsequent to 1956 and which were ratified as general amendments but which by their terms applied principally to a particular political subdivision or subdivisions, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments of the same type provided for in the immediately preceding two sentences of this Paragraph which were ratified at the same time this Constitution was ratified shall continue in force and effect as part of this Constitution. Paragraph III. Special Commission Created . Amendments to the Constitution of 1945 other than those covered in the last sentence of Paragraph II which were ratified at the same time this Constitution was ratified shall be incorporated and made a part of this Constitution as provided in this Paragraph. There is hereby created a commission to be composed of the presiding officer of the Senate, the presiding officer of the House of Representatives, the Attorney General, the Secretary of State and the Legislative Counsel, which is hereby authorized and directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary to properly incorporate such amendments into this Constitution and shall complete its duties prior to January 1, 1977. The commission shall deliver to the Secretary of State this Constitution with those amendments incorporated therein and such document shall be the Constitution of the State of Georgia of 1976. In order that the commission may perform its duties this Paragraph shall become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shall stand abolished upon the completion of its duties. Paragraph IV. Effective Date . Except as provided in Paragraph III of this Section, this Constitution shall become effective on January 1, 1977.

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COUNTIES AND SUPERIOR COURT CIRCUITS

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SUPREME COURT OF GEORGIA As of June 1, 1977 H. E. NICHOLS Chief Justice HIRAM K. UNDERCOFLER Presiding Justice ROBERT H. JORDAN Associate Justice G. CONLEY INGRAM Associate Justice ROBERT H. HALL Associate Justice HAROLD N. HILL, JR. Associate Justice JESSE G. BOWLES Associate Justice JEFFREY WARD BELL Law Assistant SALLY A. BLACKMUN Law Assistant WILLIAM A. DINGES Law Assistant BEN G. ESTES Law Assistant ELEANOR D. HENDERSON Law Assistant SAMUEL D. HEWLETT, III Law Assistant ROSEMARY KITTRELL Law Assistant ELIZABETH E. LONG Law Assistant CLARENCE LORENTZON Law Assistant BARRY STEVEN MITTENTHAL Law Assistant MAUD SAUNDERS Law Assistant W. CLAYTON SPARROW, JR. Law Assistant WARREN A. WEBB Law Assistant SIMON J. WEINSTEIN Law Assistant SHERIE M. WELCH Law Assistant DENNIS A. YORK Assistant to the Court 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 As of June 1, 1977 JOHN SAMMONS BELL Chief Judge BRASWELL D. DEEN, JR. Presiding Judge J. KELLEY QUILLIAN Judge JULIAN WEBB Judge THOMAS O. MARSHALL Judge WILLIAM LEROY McMURRAY, JR. Judge GEORGE T. SMITH Judge ARNOLD SHULMAN Judge HAROLD R. BANKE Judge STEPHEN H. BLACK Law Assistant ROBERT H. BRINSON, JR. Law Assistant WILLIAM K. CARMICHAEL Law Assistant T. MIL CLYBURN Law Assistant MARGARET W. DEIMLING Law Assistant DAN GHENT Law Assistant WILLIAM A. GRAY Law Assistant CHARLES N. HOOPER Law Assistant KENNETH A. HOWARD Law Assistant GARY A. HUGHES Law Assistant RONALD F. JOHNSON Law Assistant JAMES MORAWETZ Law Assistant RICHARD L. RICE Law Assistant ALFREDDA SCOBEY Law Assistant WILLIAM H. SMITH Law Assistant JULIAN H. STEWART Law Assistant RUSSELL THOMAS Law Assistant CECIL A. WILLIAMS, JR. Law Assistant MORGAN THOMAS Clerk EDNA E. BENNETT Deputy Clerk ABDA J. CONYERS Special Deputy Clerk WILEY H. DAVIS Reporter GUY M. MASSEY Asst. Reporter

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JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of June 1, 1977 ALAPAHA CIRCUIT. HONS. H. W. LOTT, Chief Judge, Lenox, Ga.; W. D. Jack Knight, Judge, Nashville. 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. J. W. (JIM) MORGAN, Covington. NewtonSecond third Mondays in January, April, July October. WaltonThird Monday in February, May, August, November. ATLANTA CIRCUIT. HONS. SAM P. McKENZIE, Chief Judge, CLAUDE D. SHAW, LUTHER ALVERSON, CHARLES A. WOFFORD, LLOYD ELMO HOLT, OSGOOD O. WILLIAMS, G. ERNEST TIDWELL, JOHN S. LANGFORD, JOEL J. FRYER, CHARLES L. WELTNER, HORACE T. WARD, Judges, Courthouse, Atlanta. LEWIS R. SLATON, D.A., Courthouse, Atlanta. FultonFirst Monday in January, March, May, July, September November. ATLANTIC CIRCUIT. HONS. JOHN R. HARVEY, Judge, Pembroke; JAMES E. FINDLEY, Judge, Reidsville. DUPONT K. CHENEY, 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. AUGUSTA CIRCUIT. HONS. JOHN F. HARDIN, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta.

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BurkeSecond Monday in May November. ColumbiaFourth Monday in March September. RichmondThird Monday in January, March, May, July, September November. BLUE RIDGE CIRCUIT. HONS. RICHARD B. NEVILLE, JR., Judge, Cumming. 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. (resigning Aug. 1, 1977). 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. 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.

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CHEROKEE CIRCUIT. HON. JERE F. WHITE, Judge, Cartersville. CHARLES CRAWFORD, D.A., 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. MARVIN A. MILLER, Chief Judge, JOE C. CRUMBLEY, Judge, Jonesboro; WILLIAM H. (BILL) ISON, Judge, Jonesboro. ClaytonFirst Monday in February, May, August November. COBB CIRCUIT. HONS. HOWELL COBB RAVAN, LUTHER C. HAMES, JR., JAMES L. BULLARD, Judges, Marietta. TOM CHARRON, D.A., Marietta. CobbSecond Monday in January, March, May, July, September November. CONASAUGA CIRCUIT. HONS. ROBERT VINING, JR., Senior Judge, Dalton. COY H. TEMPLES, Judge, Dalton. CHARLES A. PANNELL, JR., D.A., Chatsworth. 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. HARDY GREGORY, JR., Judge, Courthouse, 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, Chief Judge., P.O. Box 315, Carrollton. JOSEPH C. JACKSON, Judge, LaGrange. WILLIAM F. LEE, JR., D.A., Newnan. CarrollFirst Monday in April October.

Page 4791

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. KELLEY, 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. DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin (resigning June 1, 1977). 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. GEORGE E. OLIVER, FRANK S. CHEATHAM, JR., PHYLLIS KRAVITCH, Judges, Savannah. ANDREW JOE RYAN, JR., D.A., Savannah. ChathamFirst Monday in March, June, September December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. SAM L. WHITMIRE, Judge, Barnesville. 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., Chief 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.

Page 4792

UpsonThird fourth Mondays in March August; first second Mondays in November. 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. WILLIAM M. (BILL) CAMPBELL, D.A., LaFayette. 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. WALTER P. JOHNSON, 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. MIDDLE CIRCUIT. HONS. WALTER C. McMILLAN, JR., Judge, P.O. Box 701, Sandersville; MARVIN B. HARTLEY, JR., Lyons. 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.

Page 4793

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, JAMES E. PALMOUR, III, Judges, 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. NORTHERN CIRCUIT. HON. RAY B. BURRUSS, JR., Chief Judge, P.O. Box 950, Hartwell. CLEVE MILLER, D.A., P.O. Box 247, Elberton. 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.

Page 4794

OCONEE CIRCUIT. HON. JAMES B. O'CONNOR, Judge, P. O. Box 951, Eastman. PRESTON N. RAWLINS, JR., Judge, 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 Monday in October. WheelerSecond Monday in February and October; third Monday in June. 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. JOHN R. IRWIN, D.A., P. O. Box 368, Dawson. 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. JAMES L. JIM BROOKS, Judge, Jefferson. 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.

Page 4795

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. 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, Chief Judge, Thomasville; GEORGE A. HORKAN, JR., Judge, Moultrie; W. G. GUS ELLIOTT, Judge, Valdosta. 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. WILLIAM T. DEAN, Conyers; CLARENCE L. PEELER, JR., Decatur; CURTIS V. TILLMAN, Decatur; CLYDE HENLEY, 303 Courthouse, Decatur; EWELL T. HENDON, JR.,

Page 4796

Decatur; ROBERT K. BROOME, Decatur; KEENAN FEDERAL Decatur, Judges; RANDALL PEEK, D.A., Conyers. DeKalbFirst Monday in January, March, May, July, September, and November. RockdaleFirst Monday in February, May, August and November. TALLAPOOSA CIRCUIT. HON. DAN WINN, Chief Judge, Cedartown. HAROLD L. MURPHY, Judge, Buchanan. JOHN T. PERREN, D. A., Dallas. DouglasThird 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. W. J. FOREHAND, Judge, P. O. Box 253, Tifton. THOMAS H. PITTMAN, D.A., Tifton. IrwinThird and fourth Mondays in February; second and third Mondays in May and November. TiftFirst Monday in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; second Monday in April and October. WorthFourth Monday in January, April July, and October. TOOMBS CIRCUIT. HON. ROBERT L. STEVENS, Judge, P. O. Box 27, Thomson. KENNETH E. GOOLSBY, D.A., P. O. Box 405, Thomson. GlascockThird Monday in February, May, August and November. LincolnFourth Monday in January, April, July and October. McDuffieSecond Monday in March, June, September and December. TaliaferroFourth Monday in February, May, August, and November. WarrenThird Monday in January; first Monday in April, July and October. WilkesFirst Monday in February, May, August, and November.

Page 4797

WAYCROSS CIRCUIT. HON. BEN A. HODGES, Senior Judge, Waycross. ELIE L. HOLTON, 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 4798

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Atkinson County, justices of the peace, jurisdiction 1620 Atlanta, homestead exemption, low income persons 1587 Austell, ad valorem tax discount 1609 Austell, homestead exemption for aged residents 1610 Bowdon, homestead exemption 1602 Brooks County, justices of the peace, jurisdiction 1581 Carrollton, homestead exemption 1596 Charlton County, justices of the peace, jurisdiction 1616 Clinch County, justices of the peace, jurisdiction 1618 Cobb County, justices of the peace, jurisdiction 1585 Curriculum laboratory established 1564 DeKalb County, school tax reduction 1606 Disposition of certain City of BarnesvilleCounty of Lamar Development Authority land 1565 Fulton County, homestead exemption, income 1574 Fulton County Industrial District created 1569 General Assembly, four year terms provided 1556 Glascock County taxes, certain exemptions 1621 Houston County Board of Education, salaries 1608 Houston County Board of Education to appoint school superintendent 1589 Houston County, seven member Board of Education 1591 Macon firemen and police, survivors' benefits increased 1612 Morrow, homestead exemption for disabled aged, increased 1614 Motor vehicle tax, exemption, disabled veterans 1578 Oconee County Industrial Development Authority, membership changed 1582 Pensions, certain Fulton County employees, benefits increased 1562 Recall provisions for public officials 1557 Roopville, homestead exemption 1604 Savannah, issuance of bonds 1583 School systems, majority vote to merge in certain counties (600,000 or more) 1554 School tax, termination in certain counties (200,000) 1567 Temple, homestead exemption 1598 Union City, homestead exemption for aged-low income residents 1572 Villa Rica, homestead exemption 1600 Ware County, justices of the peace 1617 Whitesburg, homestead exemption 1594 CODE SECTIONS 22-Title, amended 324 22-Title, amended 649 23-4, amended 248 24-1601, amended 196

Page 4799

24-2801, amended 1171 24-29, amended 1257 24-39, amended 577 24A-Title, amended 1237 24A-Title, amended 181 24A-Title, amended 774 24A-401, amended 700 24A-3701, amended 812 26-1601, amended 895 26-17, amended 1332 26-1704, amended 1266 26-20, amended 315 26-2703, amended 747 26-29, amended 1333 27-2, amended 902 27-1402, amended 179 27-15, amended 1293 30-102 and 30-201, amended 1253 30-202.1, amended 312 32-111, amended 226 32-910, amended 875 34 and 34A-Titles, amended 550 34-703, amended 1199 34-1301, amended 1198 34-1302, amended 313 34-1307, amended 176 34-14, amended 725 34-1405, amended 684 34-1406, amended 683 34-1704, amended 175 34A-Title, amended 1053 34A-Title, amended 303 34A-1012, amended 1197 35-708, repealed 172 38-3, amended 226 41A-Title, amended 730 45-Title, superseded 396 46-3, amended 634 46-509, amended 783 49-604, amended 896 56-Title, amended 1229 56-3, amended 1283 56-3, amended 878 56-13, amended 1281 56-24, amended 877 57-101.1, amended 1221 57-116, amended 698 58-Title, amended 1316 58-207, amended 632 58-6, amended 1247 58-607, amended 183 59-201, amended 341

Page 4800

67-20, amended 675 68-213, amended 591 68-215, amended 596 68-23, amended 253 68-99, amended 1039 68A-202, amended 278 68A-902, amended 1036 68B-Title, amended 307 68B-213, amended 576 68B-217, amended 890 68B-307, amended 1235 68B-311, amended 648 68C-Title, added 1014 74-11, amended 242 74-4, revised 201 79A-Title, amended 625 79A-4, amended 1093 79A-809, amended 1287 81-1402, amended 760 84-102, amended 758 84-2, amended 1063 84-9, amended 334 84-14, amended 880 84-21A, amended 746 84-501, amended, chiropractic redefined 232 84-916, amended 317 84-1421, amended 691 85-4, amended 1249 88-Title, amended 753 88-Title, amended 1293 88-4, amended 887 88-5, amended 889 88-25, amended 886 88-304, amended 309 88-31, amended 281 89-6, amended 567 89-19, amended 257 89-9903, amended 568 91-1A, amended 685 91-110a, amended 762 92-106, amended 301 92-111, repealed 294 92-233, amended 1314 92-2309, repealed 296 92-31, amended 1133 92-31, amended 772 92-3108, amended 723 92-39, amended 297 92-4101, amended 618 92-4101, amended 2655 91-4101 through 4104, repealed 1226 92-49, amended 1162

Page 4801

92-52, repealed 291 92-58, amended 292 92-6306, amended 300 92-69, amended 666 92-6905, amended 302 92-7305, repealed 297 108-6, amended 719 113-107, repealed 545 113-10, amended 545 114-Title, amended 608 114-616, amended 771 COURTS SUPERIOR COURTS Alapaha Circuit, additional judge 793 Alcovy Circuit, expense allowance for judge 959 Alcovy Circuit, salaries and budgets 1217 Atkinson County, clerk's salary changed 3458 Augusta Circuit, reporter provided 779 Bacon County, Clerk's salary changed 3367 Bleckley County, salaries changed 3665 Butts County, disposition of criminal fines changed 4472 Carroll County, Clerk's salary changed 2935 Catoosa County, Clerk's salary changed 3073 Chattahoochee Circuit, additional judges 784 Chattahoochee Circuit, assistant district attorney, salary 952 Clayton Circuit, additional superior court judges authorized 541 Clayton Circuit, court reporters' compensation changed 3899 Clayton Circuit, superior Court judges' salary supplement changed 349 Clayton County, clerk's and sheriff's salaries changed 2857 Clerks, collection of fees 1098 Clerks' salary supplement, repealed in certain counties (less than 300) 4271 Clerks' salary supplement, repealed in certain counties (2000 or less) 4270 Cobb Circuit, salary changes 4020 Columbia County, clerk's salary supplemented 2698 Conasauga Judicial Act amended, court terms changed 188 Crawford County, clerk's salary changed 3126 Dougherty Circuit, investigators authorized 342 Dougherty County, clerk's salary 3965 Echols County, clerk's salary supplement 3510 Griffin Circuit, additional judges 693 Gwinnett Circuit, additional judge 837 Gwinnett Circuit, judges' supplement changed 230 Henry County, clerk's and sheriff's salaries changed 4124 Jeff Davis County, clerk's salary changed 4081 Jenkins County, clerk's personnel, etc. 3840 Liberty County, sheriff's provisions changed 3520 Lookout Mountain Circuit, salary change for clerk-typist 268

Page 4802

Lumpkin County, clerk's salary changed 4483 McIntosh County, clerk's salary and personnel 4006 Member's withdrawal from retirement system 607 Middle Circuit, additional judges authorized 563 Miller County, superior court clerk, salary 2508 Muscogee County, clerk's salary changed 3113 Newton County, clerk's compensation changed 3271 Northeastern Circuit, judge's salary supplemented 907 Northern Circuit, additional judges authorized 572 Pike County, clerk's salary changed 4448 Pulaski County, clerk's salary changed 3680 Rabun County, clerk's salary changed 2629 Rockdale County, salary changed 2844 Rome Circuit, assistant district attorney's salary changed 235 Salaries for clerks in certain counties repealed (8250-8330) 183 Secretaries' salaries 668 Southern Circuit, terms fixed 180 Supplemental expense allowances, certain circuits (103,000-135,000) 727 Talbot County, clerk's compensation changed 2744 Tallapoosa Circuit, additional judges 687 Tattnall County, clerk's compensation changed 3154 Tift County, clerk's salary to be fixed by commissioners 4474 Towns County, clerk's salary and assistants, etc. 3972 Twiggs County, clerk's compensation changed 2721 Walker County, salary changes 2870 Warren County, deputy clerk's salary changed 3746 CIVIL COURTS Bibb County, authority for appointment of judge pro tem, expanded 3453 JUVENILE COURTS Cobb County, judge's salary changed 4314 Houston County, place of sessions 2928 STATE COURTS Bryan County, judge's and solicitor's eligibility requirements changed 3205 Chatham County, costs and deposits changed 3538 Chatham County, filling judicial vacancies 3654 Chatham County, probate judge may preside in State Court 3525 Clarke County, juror provisions changed 4523 Clayton County, solicitor's salary changed 3692 Cobb County, clerk's salary 3870 Cobb County, judge's compensation changed 3690 Cobb County, jurisdiction, etc. 3188 Cobb County, solicitor's compensation 3872 Coffee County, management changes 2731

Page 4803

Effingham County, court's fund, procedures 3942 Evans County, judge's and solicitor's compensation changed 3242 Fulton County, solicitor's personnel changed 3181 Gwinnett County, recreated 3331 Gwinnett County, salary changes 4516 Gwinnett County, special investigator abolished 2503 Habersham County, judge and solicitor, salary changes 2606 Jenkins County, authority to set salaries of judge and solicitor 3846 Laurens County judge's and solicitor's salaries changed 2809 Muscogee County, officers' salaries changed 2778 Pierce County, judge's and solicitor's salaries changed 2966 Screven County, judge's and solicitor's salaries changed 3152 Treutlen County, judge's salary 3883 Treutlen County, jury trials 3886 Worth County, judge's and solicitor's salary changed 2746 COUNTIES AND COUNTY MATTERS COUNTIES (See General Index by name of County) COUNTY-WIDE GOVERNMENTS Albany-Dougherty Inner City Authority created 4220 Augusta-Richmond County Coliseum Authority, mandatory membership eliminated 3300 City of Dublin, County of Laurens Development Authority, new members, etc. 3075 COUNTY MATTERS BY POPULATION 2,000 or less; County clerk's salary set 4263 2,000 or less; superior court clerk's salary supplement repealed 4270 Less than 3,000; authority for superior court clerk's salary supplement repealed 4271 4540-4550; Board of Education, salary act repealed 351 6415-6505; Small Claims Court, jurisdiction and costs changed 2649 6910-6950; tax commissioners, salary act repealed 4272 7040-7055; Small Claims Court created 270 8250-8330; annual salaries for superior court clerks repealed 183 8340-8700; Magistrate's Courts created 239 10,450-10,650; homestead exemption expanded 1314 13,635-14,765; jurisdiction of Small Claims Courts changed 4215 15,300-15,800; salaries set for certain officers 4268 17,830-18,080; Board of Hospital Authority reestablished 4241 22,320-22,500; coroners' salaries changed 4463 28,300-29,600; coroners' salary provided 345 30,000 or more; tax collectors, settlements and reporting 1162 33,600-34,500; coroners' fee changed 4212 34,300-36,000; coroners' salaries fixed 191 34,500-39,500; Small Claims Courts, jurisdiction and costs changed 177

Page 4804

35,000-44,000; salary act repealed for coroners 4240 35,000-44,000; salaries of certain officers, act repealed 4254 35,000-44,000; tax commissioners' salary act repealed 234 60,000-65,000; Board of Elections created 166 72,500-85,000; coroners' fees for inquests set 238 100,000-150,000; alcoholic beverages, restaurant sales 560 103,000-135,000; supplemental expense allowance for judges in these circuits 727 103,000-135,000; assistant district attorneys, changes in certain circuits 728 135,000-140,000; district attorney's personnel 4255 145,000-165,000; certain officials' salaries changed 4446 180,000-190,000; tax commissioner's salary changed 347 190,000-300,000; justice of the peace emeritus, created 4213 200,000; termination of school tax; proposed amendment to Constitution 1567 More than 300,000; removal of traffic court assistant solicitors 1207 500,000 or more; sheriffs' salaries set in certain counties 3274 600,000 or more; alcoholic beverages, sale hours 843 600,00 or more; proposed amendment to constitution; vote to merge school districts 1554 COUNTY MATTERSHOME RULE ACTIONS Cobb; Civil Service System Act 4550 White; banks as depositories of county funds 4563 Richmond; Board of Commissioners, bond required 4559 MUNICIPAL CORPORATIONSNAMED CITIES See general index under name of city MUNICIPALITIES BY POPULATION More than 150,000; refunds, municipal employees' pensions 1169 300,000 or more; firemen's pension act amended 320 300,000 or more; pension act amended 318 300,000 or more; policemen's pension act amended 319 400,000; population figure changed to; certain building repair standards clarified; etc. 4445 MUNICIPALITIESHOME RULE AMENDMENTS Albany, police arms and uniforms 4572 Albany, utility service deposits 4574 Atlanta, appropriations committee 4577 Atlanta, contracts 4584 Atlanta, qualifications of councilmen 4589 Braswell, city limits, etc. 4594 Cedartown, miscellaneous changes 4601 Covington, advertisement of zoning changes 4606

Page 4805

Culloden, charter amended 4609 Dalton, electrical power 4612 East Point, Mayor's veto 4615 East Point, salaries 4620 Franklin, Recorder's Court 4625 Haralson, Town of, Recorder's Court 4631 Irwinton, Town of, hiring temporary policemen 4636 Leesburg, Recorder's Court 4639 Macon, pension plan 4647 Macon, police and fire department 4653 Macon, powers of Municipal Court judge 4656 Moultrie, special district created 4660 Newnan, retirement plan 4667 Warner Robins, qualifications of mayor, etc., changed 4671 RESOLUTIONS AUTHORIZING COMPENSATION Ables, Robert L. 4548 Aliff, Dr. John V. 4540 Bentley, Jacob A. and Mrs. Lenoy 4543 Carter, Jessee 4542 Cox, Dennis M. 4544 David, Roper 4547 Flowers, Cynthia Lorraine 4541 Free, Mr. and Mrs. Luther Dwain 4539 Fuller, E. T. Dick 4545 Hobbs, Mildred C. 4538 Morgan, Gwendolyn A. 4546 Smalley, Albert T. 4544 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Bibb County, conveyance to 1534 Chatham Service Corp., easement to 1541 Emanuel Co., conveyance to 1539 Glynn County, conveyance of Blythe Island to 1547 Grady County, conveyance 923 Gwinnett Liverstock and Fair Association, Inc. 2801 Savannah Electric and Power Co., and Southern Natural Gas, easements to 939 Swift Agricultural Chemicals Corp., easement 913 Tennessee, land in, conveyance 926 Thomas County Board of Commissioners, conveyance to 1523 United Daughters of the Confederacy, conveyance to 1531 Whitfield County, conveyance to 1537 MISCELLANEOUS RESOLUTIONS Apalachicola River Dam endorsed 1545

Page 4806

Code Revision Committee created 922 Compensation of crime victims, study 919 Constitutional Amendment Advertising Study Committee 1526 Education concerning small businesses 920 Energy Extension Service Program authorized 1536 John C. Barrow Bridge, designated 4531 John Paul Jones Bridge, designated 3519 Joint highway litter, study 948 Justices of the peace study committee created 917 MARTA overview committee, repealer extended 912 Mental disability laws, study 936 Power plant siting, study 938 Public school curriculum, study 950 Salvage of paper in Capitol complex 933 Select Committee on Constitutional Revision, created 1528 Senate Committee on Economy, Reorganization and Efficiency abolished 930 Services for the aged, study 931 State Authorities Study Committee created 1544

Page 4807

GENERAL INDEX A ADMINISTRATIVE PROCEDURE ACT Medical practice, license changes 316 ADOPTION ACT OF 1977 Enacted 201 ADVERTISING Outdoor advertising regulated 263 AGRICULTURE Grain dealers, licensing and bonding 245 Leaf Tobacco Sale Act amended, nonauction dealer's license required 189 ALBANY, CITY OF Police arms and uniforms 4572 Utility service deposits 4574 ALCOHOLIC BEVERAGESLIQUOR, BEER AND WINE Hours of sale in certain counties (600,000 or more) 843 Hours of sale, on-premises, revised 1236 Local license required to obtain state license 791 Municipal excise tax 744 Restaurant sales authorized in certain counties (100,000-150,000) 560 Sale to Central State Hospital inmates forbidden (note: repealed, p. 1247) 183 Sunday sales regulated 844 Tax Act amended 1154 Wine Tax Act, enacted 1316 ALCOHOLISM Consent for emergency treatment 887 Treatment Act, effective date 644 AMBULANCES Standards, etc. 281 ANIMALS Hog cholera vaccine prohibited in Georiga 280 Prohibition on feeding garbage to swine broadened 225

Page 4808

APPLING COUNTY Probate court, fee system abolished, etc. 4070 Sheriff's salary changed, etc. 4068 APPROPRIATIONS General 1335 General 5 Supplemental, Georgia Building Authority 3 Supplemental, for Labor Department 673 ATHENS, CITY OF Ad valorem tax millage increase 3385 Downtown Athens Development Authority created 3533 Employees' Pension Plan Act, amended 2700 ATKINSON COUNTY Jurisdiction of justices of peace, proposed amendment to Constitution 1620 Sheriff's salary changed 3462 Superior Court clerk's salary changed 3458 ATLANTA, CITY OF Appropriations committee 4577 Charter amended, budget provisions changed 3274 Contracts 4584 Homestead exemption for low income persons, proposed amendment to Constitution 1587 Qualifications of councilmen 4589 ATTORNEYS Fees in alimony cases 312 AUSTELL, CITY OF Discount from ad valorem taxes, proposed amendment to Constitution 1609 Homestead exemption for aged residents, proposed amendment to Constitution 1610 AVONDALE ESTATES, CITY OF Corporate limits changed 2763 Development Authority created 2756 B BACON COUNTY Board of Commissioners, chairman's salary changed 3356 Probate judge's compensation changed, etc. 3364

Page 4809

Sheriff's salary changed, prisoners' food provided, etc. 3361 Superior Court clerk's salary changed 3367 Tax Commissioner's salary changed 3358 BAIL Bail Bond conditions changed 179 Felony, sometimes mandatory 346 BAKER COUNTY Board of Education, filling vacancies 2603 Board of Education, salary changes 4039 BALDWIN COUNTY Commissioners, self-insurance authorized 2633 Magistrate's Court created 3197 Probate judge's salary changed 2788 BANKS COUNTY Board of Commissioners, salary changed 3901 Coroner's salary and expenses, etc. 3903 Sheriff's auto, etc., authorized 3900 BARNESVILLECOUNTY OF LAMAR DEVELOPMENT AUTHORITY Disposition of land; proposed amendment to Constitution 1565 BARTOW COUNTY Sheriff, auto provisions 4013 BEN HILL COUNTY Small Claims Court created 2972 BIBB COUNTY Board of Commissioners, elections changed, etc. 3752 Civil Court, authority for appointment of judge pro tem expanded 3453 Civil Service System and Board changed 2813 Recall of Commissioners 3255 BLECKLEY COUNTY Commissioner's expense allowance 3944 Probate Court, salary changes 3663 Sheriff's and deputies' salaries changed 3667 Superior Court salaries changed 3665 Tax Commissioner's salary changed 3670

Page 4810

BOARD OF ATHLETIC TRAINERS Created 1123 BOARD OF BARBERS Changed 223 BOARD OF EDUCATION Compensation changed 226 BOARD OF PARDONS AND PAROLES To supervise conditional release 1209 BOARD OF REGENTS Compensation changed 226 BOARD OF TAX EQUALIZATION Notice of decision, requirements changed 1009 BOATS AND BOATING Boat Safety Act amended, equipment 1182 BOWDON, CITY OF Homestead exemption, proposed amendment to Constitution 1602 BOWERSVILLE, TOWN OF New charter 3482 BRANTLEY COUNTY Certain court and tax personnel, etc. 3381 Cost of living increases for certain officials 3292 BRASWELL, CITY OF City limits 4594 BREMEN, CITY OF Corporate limits changed 3817 Elections, changes 4111 BROOKS COUNTY Chief deputy sheriff's salary 3961

Page 4811

Justices of Peace, jurisdiction increased, proposed amendment to Constitution 1581 BRYAN COUNTY Small Claims Court created 4504 State Court, judge's and solicitor's eligibility requirements changed 3205 Treasurer abolished, etc. 3215 BUENA VISTA New charter 3405 BULLOCH COUNTY Board of Commissioners, assistants' compensation changed 3150 Sheriffs' and deputies' compensation changed 3161 BUTTS COUNTY Commissioners, adoption of budget 2958 Commissioners of Roads and Revenues, election of chairman 3065 Superior Court, disposition of criminal fines changed 4472 Tax Commissioner, receipt of fees 4015 C CABLE TELEVISION Unlawful to avoid payment 1170 CAMDEN COUNTY Certain officers' salaries changed 2693 CANDLER COUNTY Small Claims Court created 3132 CARROLL COUNTY Commissioner's compensation changed 2933 Coroner's salary changed 3328 Superior Court clerk's salary changed 2935 CARROLLTON, CITY OF Charter amended, police court matters, etc. 3946 Homestead exemption, proposed amendment to Constitution 1596

Page 4812

CATOOSA COUNTY Commissioner's salary changed 3349 Hospitalization insurance for certain officials 3347 Sheriff's office, fiscal administration 3370 Superior Court clerk's salary changed 3073 CAVE PROTECTION ACT OF 1977 Enacted 833 CEDARTOWN, CITY OF Miscellaneous changes 4601 CEMETERIES Reclamation of abandoned lots, procedure 1249 CHARLTON COUNTY Justices of peace, proposed amendment to Constitution 1616 CHATHAM COUNTY Probate judge may preside in State Court 3525 Probate Court, salary scale for judges 3932 State Court costs and deposits changed 3538 State Court, judicial vacancies 3654 Treasurer's duties transferred to Finance Director 2794 CHATSWORTH, CITY OF Charter amended, boundaries changed 2865 CHATTAHOOCHEE COUNTY Sheriff's salary 3892 CHATTOOGA COUNTY Commissioner's salary and powers 3865 CHAUNCEY, CITY OF New charter 4146 CHESTER, TOWN OF New charter 4486 CHILD SUPPORT District attorney, to assist in enforcement 722

Page 4813

Method of establishing debt 643 Recovery Act, clarified 1279 Uniform Reciprocal Enforcement of Support Act, determination of paternity 699 Wage assignments 897 Where no divorce decree 619 CHILDREN Adoption Act of 1977 201 Child abuse, reporting required of certain persons 242 Immunizations for day care attendance 787 Interstate Compact on Placement of Children, Georgia joins 578 Troubled children study committee created 237 CIVIL DEFENSE 1951 Civil Defense Act amended, Governor's energy crisis powers set 192 CLARKE COUNTY Athens-Clarke County Magistrate's Court created 4450 Board of Elections, employees, etc. 4316 State Court, juror provisions changed 4523 CLAYTON COUNTY Board of Commissioners, salary changed 2610 District attorney, salary supplement 2856 Hospital Authority, appointment of members 2614 Probate judge's salary changed 2851 State Court, solicitor's salary changed 3692 Superior Court clerk's and sheriff's salaries changed 2857 Tax Commissioner's deputy, salary changed 4028 Tax Commissioner's salary changed 2853 CLINCH COUNTY Board of Commissioners' salary changed 3460 Deputy sheriff's compensation changed 3464 Justices of peace, proposed amendment to Constitution 1618 Tax Commissioner's compensation changed 3466 COBB COUNTY Board of Commissioners' salary changes 3694 Certain officers' salaries, etc. 3938 Civil Service System Act 4550 Civil Service System Act amended 3208 Justices of peace, jurisdiction increased, proposed amendment to Constitution 1585

Page 4814

Juvenile Court judge's salary changed 4314 State Court, clerk's salary 3870 State Court, judges' compensation changed 3690 State Court, jurisdiction, etc. 3188 Tax Commissioners, salary changes 4025 State Court, solicitor's compensation 3872 CODE OF PUBLIC TRANSPORTATION Mass transit provisions 817 COFFEE COUNTY Certain officials, salary changes 3699 Small Claims Court; procedures changed 2918 State court, management changes 2731 COLQUITT COUNTY Administrator, removal without cause 4120 COLUMBIA COUNTY Sheriff's salary supplemented 2719 Superior court clerk's salary supplemented 2698 COLUMBUS, CITY OF Columbus-Muscogee, officials' salaries changed 3378 COPYRIGHT License fee for collecting rent on copyrighted music, etc., repealed 295 CONSERVATION RANGER ACT Amended, salaries 1517 CONSUMERS' UTILITY COUNSEL ACT OF 1977 Enacted 537 CORONERS Salary provided in certain counties (28,300-29,600) 345 CORPORATIONS Corporation Code amended 324 Disclosure in takeover bids 649 COUNCIL ON AGING Created 815 COUNTY AIRPORT AUTHORITY ACT Enacted 1136 COVINGTON, CITY OF Advertisement of zoning changes 4606

Page 4815

COWETA COUNTY County constitutional officers included in pension act 2772 Sheriff's compensation changed 2774 Treasurer's duties vested in Clerk of Board of Commissioners 2770 CRAWFORD COUNTY Sheriff's salary changed 3124 Superior court clerk's salary changed 3126 Tax commissioner's salary changed 3128 CRIME INFORMATION CENTER Release of Information 1243 CRIMES Bad checks, evidence 1266 Burglary to encompass railroad cars and aircraft 895 Commercial gambling 747 Compensation of victims, study 919 Dicharge of firearm on another's property 1333 Disposition of weapons involved, motor vehicles excepted 1131 False call for ambulance, misdemeanor 797 Fraudulent obtaining of public housing 1332 Jurisdiction of certain criminal appeals now to be in Court of Appeals 710 Misrepresentation of auto insurance, misdemeanor 807 Necrophilia defined 315 Speed traps, misdemeanor 800 Telephone solicitations, false statements prohibited 601 CRIMINAL PROCEDURE Insane or mentally incompetent defendants 1293 Post-arrest procedure, by private persons 902 CRISP COUNTY Small Claims Court, changes 4346 CULLODEN, CITY OF Charter amended 4609 CUMMING, CITY OF Terms of mayor and council changed 3914

Page 4816

D DALTON, CITY OF Electrical power 4612 Employees' retirement changed 2601 DAWSON COUNTY Board of Education provided 3529 Sheriff's salary changed 3527 DAWSONVILLE, CITY OF Suspension of Recorder's Court under certain circumstances 3254 DECATUR, CITY OF Exempted from limitation on right to tax 2655 DECATUR COUNTY Sheriff's salary changed 2689 DEKALB COUNTY Board of Education Study Committee created 4535 C.E.T.A. Study Commission created 4528 County Employees Retirement Fund Study Commission created 4527 Government Study Committee created 4532 School tax reduction, proposed amendment to Constitution 1606 DEPARTMENT OF COMMUNITY AFFAIRS ACT Enacted 381 DEPARTMENT OF PUBLIC SAFETY Employee excellence award 246 G.B.I. to assist in criminal investigations 752 Logistics officer and comptroller provided for 228 DEVELOPMENT AUTHORITIES LAW Amended, project defined 789 DISTRICT ATTORNEYS Comprehensive regulations 1257

Page 4817

DIVORCE Divorce and alimony, procedures changed 1253 DODGE COUNTY Small Claims Court created 4135 DOOLY COUNTY Small Claims Court jurisdiction changed 3655 DOUGHERTY COUNTY Board of Commissioners, vice-chairman authorized 4041 District attorneys, etc.; salary supplements 2777 Salary supplements for certain officials authorized 3138 Superior Court clerk's salary 3965 DOUGLAS COUNTY Board of Commissioners' salary changed 3028 Certain officials' salaries changed 3031 DRIVERS' LICENSES (See also Motor Vehicles) Bearing Jimmy Carter's signature, owner may keep 576 Limited permits for first offenders 648 Point schedule revised 1235 Trial of traffic cases, etc. 1038 DRUGS Controlled Substances Act, additions and exemptions 1287 Pharmacists, disciplinary procedures 625 Pharmacists, substitution of generic products 1093 DUDLEY, CITY OF New charter 2657 E EARLY COUNTY Salary changes, sheriff's office 2505 EAST POINT, CITY OF Mayor's veto 4615 Salaries 4620

Page 4818

EATONTON, CITY OF Charter amended, provisions regarding mayor and aldermen changed 3236 ECHOLS COUNTY County court judge's salary changed 3480 Probate judge's salary supplement provided 3512 Superior Court clerk, salary supplement 3510 ECONOMIC DEVELOPMENT COUNCIL Membership 865 EDUCATION Agency for surplus property authorized 679 Allocation of personnel 988 Authorization for demonstration school systems, etc. 984 Compact for Education, enacted 975 Compensatory education, expenses 986 Concerning small businesses 920 Corporal punishment 1290 Curriculum Laboratory established, proposed amendment to constitution 1564 Extension of student incentive scholarship program 750 Financing for cooperative education service agencies 997 Public school facilities, policy 1003 School law controversies, settlement procedures 875 State-wide kindergarten, established 1001 Student loans, amounts, lenders, etc., changed 748 Student loans to National Guardsmen 739 Teachers, accumulated sick leave, no need to explain taking 798 Teachers, paid jury duty leave 800 Teachers, sick leave, cumulation, etc. 972 Workshops for local board members 711 EFFINGHAM COUNTY Probate court, salaries and personnel 4010 State Court, court's fund, procedures 3942 ELBERT COUNTY Board of Commissioners; chairman's salary changed 2860 Small Claims Court created 2940 ELECTIONS Campaigns disclosure, terms defined 1302 Code provisions changed 303

Page 4819

Districts, notices of changes in certain counties (500,000 or more) 1199 Election Code amended 1053 Election Codes amended, absentee ballots authorized 550 Election Code amended, no candidate may campaign at polling places 174 Municipal Election Code amended, no candidate may campaign at polling places 173 No campaigning near polling places 176 Sample ballots 1197 Superintendents to prepare sample ballots 1198 Venue, presiding judge 175 Voter's certificate changes 313 EMERGENCY TELEPHONE NUMBER 911 SERVICE ACT OF 1977 Enacted 1040 ENERGY Efficiency standards for buildings 769 EVANS COUNTY Board of Commissioner's compensation changed 3249 Small Claims Court created 2616 State Court, judge's and solicitor's compensation changed 3242 EVIDENCE Hearsay, statements made for medical diagnosis admissible 226 F FAYETTE COUNTY Board of Commissioners, terms and titles 4264 Small Claims Court created 4243 FAYETTEVILLE, CITY OF Recorder's Court jurisdiction changed 4261 FINANCIAL INSTITUTIONS CODE Amended 730 FIREMEN Felons sometimes employable 1224 Fire officials may require loss reports from insurance companies 1232

Page 4820

Firefighter Standards and Training Act, amended 549 FITZGERALD, CITY OF Fitzgerald Redevelopment Authority created 3766 School tax changed 3147 FLOWERY BRANCH, CITY OF Charter amended, Police Court provisions changed 3247 FORSYTH, CITY OF New charter 3981 FRANKLIN, CITY OF Recorder's Court 4625 FULTON COUNTY Board of Education, pension increase, proposed amendment to constitution 1562 District Attorney to appoint crime investigators, etc. 3330 Homestead exemption, income, proposed amendment to constitution 1574 Judges' and solicitors' retirement benefits increased 3277 Pensions for Board of Education employees, military credit expanded 3184 Retirement, judges' and solicitors' widows' benefits expanded 3186 State Court, solicitor's personnel changed 3181 FULTON COUNTY INDUSTRIAL DISTRICT Created, proposed amendment to constitution 1569 G GARFIELD, CITY OF New charter 4319 GARNISHMENTS Additional time allowed defaulting garnishees 783 Government employees, certain liabilities exempted 634 Judicial supervision and notice to debtors 159 GAME AND FISH Game and Fish Code of 1977 396 Hunting certain species temporarily prohibited 171

Page 4821

GENERAL ASSEMBLY Court continuances for attendance on 760 Four year terms; proposed amendment to constitution 1556 Limitation on who may serve 683 GEOLOGISTS Registration of Geologists Act of 1975 amended 746 GEORGETOWN, CITY OF New Charter 3724 GEORGIA SPECIAL ADULT OFFENDER ACT OF 1975 Effective date changed 846 GLASCOCK COUNTY Sheriff's compensation changed, etc. 2767 Taxes, exemption, proposed amendment to constitution 1621 GLYNN COUNTY Probate Court, deputies' salaries changed 4470 Sheriff's office, employees 4466 Tax Commissioner, employees, changes 4109 GRAND JURY Qualifications changed 341 GREENE COUNTY Small Claims Court, minor changes 4480 GUARDIANS For incompetents, official authorized 896 GWINNETT COUNTY Board of Commissioners Act amended, definitions 2804 Commissioners' salary changed 2646 Land conveyance authorized, to Gwinnett Livestock and Fair Association, Inc. 2801 Salary changes, certain officers 2643 Special Investigator for State Court solicitor abolished 2503 State Court recreated 3331 State Court, salary changes 4516 Tax Commissioner's salary changed 2640

Page 4822

H HABERSHAM COUNTY State Court judge and solicitor, salary changes 2606 HAHIRA, CITY OF Telephone Authority Act 2585 HALL COUNTY Commissioners' police power 4033 HAMPTON, CITY OF Charter amended, collection of service charges, etc. 4132 HANCOCK COUNTY Deputy sheriff's salary 4089 Small Claims Court, minor changes 4477 HANDICAPPED PERSONS Access provided to buildings, etc. 552 HARALSON COUNTY Commissioner's compensation changed 2914 Recorder's Court 4631 Treasurer's salary changed 2916 HARRIS COUNTY Governing authority, financial records 3967 Superintendent of schools, financial accounting 3970 Tax Commissioner, salary change 4052 HAWKINSVILLE, CITY OF Charter amended, tax matters 3672 HAZLEHURST, CITY OF Election date changed 4030 HEALTH Cancer program established 753 Health code, persons to conduct hearings 309 Meat Inspection Act, rabbits excepted 849 Premarital syphilis, serological test 737

Page 4823

HENRY COUNTY Board of Education, salary changes 4122 Business regulations, violations to be misdemeanors 4485 Coroner's salary and expenses 4127 Probate Court judge's salary changed 4130 Sheriff and Superior Court clerk, salary changes 4124 Water and Sewerage Authority, salary changes 4129 HIGGSTON, TOWN OF Charter amended, officers' terms changed, etc. 2961 HINESVILLE, CITY OF Charter amended, Mayor's Court Renamed Recorder's Court 3514 HOSPITALS Disciplinary actions against doctors, reporting 257 Lien Act amended 277 HOUSTON COUNTY Board of Education, salaries, proposed amendment to constitution 1608 Board of Education, seven members, proposed amendment to constitution 1591 Board of Education to appoint School Superintendent, proposed amendment to Constitution 1589 Juvenile court, place of sessions 2928 I IMPLEMENTATION OF GOVERNMENTAL COOPERATION ACT Amended 782 INDIANS Indian Housing authorities established 767 State Commission of Indian Affairs, established 764 INSURANCE Additional deposits required of unsound insurers 878 Cancellations, lienholders affected 877 Farm Credit System, certain institutions prohibited to sell 1283 Insurance Code, waiver of penalties 1281 Pregnancy coverages 1229

Page 4824

Public school employees; plan changes 991 State employees' health insurance, administrative services 884 INTEREST Certain installment loans, changed 698 Transactions secured by realty, 10% allowed 1221 IRWIN COUNTY Board of Commissioners' compensation changed 2707 Deputy sheriff's compensation changed 2714 Sheriff's secretary, compensation changed 2712 Sheriff's special deputies, compensation changed 2710 IRWINTON, TOWN OF Hiring temporary policemen 4636 J JEFF DAVIS COUNTY Board of Commissioners, expense changes 4073 Probate Court, judge's and clerk's salaries changed 4075 Sheriff's salary changed 4078 Small Claims Court created 4097 Superior Court clerk and Tax Commissioner, salary changes 4081 JEFFERSONVILLE, CITY OF Charter amended, City Council composition and elections, etc. 3608 JENKINS COUNTY Tax Commissioner, personnel salaries, etc. 3848 Probate Court, salaries and personnel, etc. 3851 Sheriff's personnel, etc. 3843 State Court, authority to set salaries of judge and solicitor 3846 Superior Court, clerk's personnel, etc. 3840 JENKINSVILLE, TOWN OF Certain officers' compensation changed 3763 JOHNSON COUNTY Board of Commissioners, expense allowances 3863 Sheriff's office, personnel, etc. 2930

Page 4825

JONES COUNTY Probate court, internal matters 2638 Sheriff's salary changed, etc. 2630 JUSTICES OF THE PEACE Compensation in criminal cases changed 199 Fee schedule 196 JUVENILES Emergency mental hospitalization 774 Juvenile Code amended, deprived children 700 Juvenile Court Code amended 1237 Juvenile Court Code, jurisdiction 181 Juvenile Court Judge Pro Tem, appointment 812 K KENNESAW, CITY OF Charter amended, boundaries changed 3221 L LAGRANGE, CITY OF Charter amended, corporate limits expanded 2985 LAMAR COUNTY Board of Commissioners, salary changes 4170 Residence requirements, sheriff, repealed 4017 LANIER COUNTY Tax Commissioner's compensation changed 3290 LAURENS COUNTY City of Dublin, County of Laurens Development Authority, created 3075 Probate judge's compensation changed 2807 State Court judge's and solicitor's salary changed 2809 Tax Commissioner's salary changed 2992 LAWRENCEVILLE, CITY OF New Charter 3164

Page 4826

LEESBURG, CITY OF Charter amended, limits changed 2544 Recorder's Court 4639 LIBERTY COUNTY Small claims court, jurisdiction changed 3523 Superior Court, provisions relating to sheriff changed 3520 LICENSES See also Drivers' Licenses, Medical Practice, and Motor Vehicles Business licenses, investigator's conflict of interest prohibited 1197 Cosmetology, changed 803 Itinerant shows and peddlers, changed 297 Marriage and family counseling, qualifications amended 892 Practical nurses, qualifications changed 1200 Real estate brokers and salesmen, changes 880 Real estate, business license tax, changes 344 LESLIE, CITY OF New charter 3614 LIENS Mechanics' and materialmen's, recording clarified, etc. 675 LINCOLN COUNTY Tax Commissioner, commissions regulated 3923 LITHONIA, CITY OF Charter amended, recorder's qualifications changed 3252 LOANS Industrial Loan Act amended, monthly maintenance charges decreased 288 LONG COUNTY Board of Education, membership provisions 3293 Sheriff's auto expenses 3855 LOWNDES COUNTY Small Claims Court, proceedings changed 2736 LUMPKIN COUNTY Commissioner's compensation changed 4114

Page 4827

New charter 3703 Sheriff's compensation changed 4118 Superior Court clerk and Probate Judge, salary changes 4483 Tax Commissioner's compensation changed 4116 M MACON CITY OF Firemen and Police, survivors' benefits increased, proposed amendment to constitution 1612 Pension plan 4647 New charter 3776 Police and fire departments 4653 Powers of Municipal Court Judge 4656 MARIETTA, CITY OF Board of Education, salary changes 3697 New charter 3541 MARION COUNTY Board of Commissioners, expenditures 2969 Tax Commissioner's compensation changed 2937 McINTOSH COUNTY Deputy sheriffs authorized, etc. 3861 Probate Court judge's salary changed 3857 Superior Court clerk, salary and personnel 4006 Tax Commissioner, allowances for employees 3859 MEDICAL PRACTICE Administrative Procedure Act, medical license changes 316 Bodily substance tests, exemption from liability 1036 Department of Medical Assistance to administer State Plan, etc 384 Licensing requirements changed 334 Non U.S. citizens, licensing 332 Revocation of license 317 MENTALLY ILL Consent for emergency treatment 889 Liquor sales to Central State Hospital inmates forbidden 183 MENTALLY RETARDED Emergency treatment, consent 886

Page 4828

MERIWETHER COUNTY Public Facilities Authority Act 3820 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Bonds authorized as security for public deposits 724 Certain competitive bidding waived 1312 Chairman of Board, salary changed 1211 Overview committee, repealer extended 912 METTER, CITY OF Charter amended, elections, terms of office changed 3143 MILLEDGEVILLE, CITY OF Charter amended, city council's powers, etc. 3201 MILLER COUNTY Conveyance of Real Property to Board of Commissioners authorized 3516 Superior Court Clerk's compensation changed 2508 MOBILE HOMES Fire Commissioner's authority 879 Movement of extra-wide vehicles on highways 321 MONROE COUNTY Board of Education, grand jury to fill vacancies 3351 Certain boards not to be charged for tax collection services 3298 Probate Court, judge's salary etc. 4388 Sheriff's compensation change 2753 Tax Commissioner's office, operations, etc. 3916 MORELAND, TOWN OF Election changes 4095 MORGAN COUNTY Certain officers' compensation changed 2741 MORROW, CITY OF Election date changed 3963 Homestead exemption for disabled aged increased proposed amendment to constitution 1614

Page 4829

MORVEN, TOWN OF Mayor and council, elections and terms changed 3815 MOULTRIE, CITY OF Special district created 4660 MOUNTAIN CITY, TOWN OF Mayor and Council terms changed 3751 MOUNTAIN PARK, CITY OF Condemnation powers granted 3652 MOTOR VEHICLES See also Drivers' Licenses Abandoned autos, definition 253 Antique auto license tags 596 Certificates of title, duplicates 252 Condemnation in liquor cases, changed 632 Drivers' license provisions changed 307 Excepted from disposition as weapon used in crime 1131 Fee on transfer of license tags 595 Flashing lights, regulated 1012 Jurisdiction of certain offenses changed 1039 Jurisdiction of traffic cases 1037 Left turn allowed on red, in certain conditions 278 Licensing, Revenue Commissioner to regulate applications for registration 697 National Guard license tags, transferable 593 Physicians may report vision defects affecting driving, etc. 890 Rear wheel flaps not required on certain vehicles 247 Registration requirements of manufacturers, etc., changed 591 Revenue Commissioner to regular display of tags, etc. 596 Motor Vehicle Safety Responsibility Act 1014 To be moved off road following accidents 742 Unlawful to bring into state or sell, with odometer turned back 1227 Width regulations; 14 foot wides allowed on highways 321 MUNICIPALITIES Ad valorem taxation, changes 1226 Taxation, for benefit of development authorities 1034 MURRAY COUNTY Certain officers' salaries changed 3760 Commissioner's salary changed 3757

Page 4830

MUSCOGEE COUNTY Board of Education, contracting authority changed 3353 Columbus-Muscogee, officials' salaries changed 3378 Probate judge's salary increased 2782 Sheriff's salary changed 2786 State Court officers' salaries changed 2778 Superior Court clerk's salary changed 3113 Tax Commissioner's salary changed 2784 N NEWNAN, CITY OF Retirement plan 4667 NEWTON COUNTY Board of Commissioners' salaries changed 3259 Probate Judge's compensation changed 3268 Sheriff's compensation changed 3265 Superior Court clerk's compensation changed 3271 Tax Commissioner's salary changed 3262 NONPROFIT BINGO LICENSING ACT Enacted 1164 NORCROSS, CITY OF New charter 2546 O OAKWOOD, CITY OF Charter amended, Recorder's Court fines changes 3244 OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Membership changed, proposed amendment to constitution 1582 OIL AND GAS Leases limited to 10 years 762 P PALMETTO, CITY OF Charter amended, election provisions 3688

Page 4831

PARROTT, TOWN OF Election date changed 3131 PAULDING COUNTY Tax Commissioner's salary changed 4350 PAVO, CITY OF Charter amended, Fire Department duties changed 2862 PAWN BROKERS Records required 1194 PEACE OFFICERS Campus police, arrest power 1160 Certification standards changed 712 Disability benefits changed 682 Examinations for candidates 1180 Functions of standards, etc., clarified 717 Registration for those exempt from training 713 PELHAM, CITY OF New charter 3034 PIERCE COUNTY Board of Education, elections, etc. 2924 State Court judge's and solicitor's salaries changed 2966 PIKE COUNTY Probate Court judge, salary and procedures, etc. 3934 Superior Court clerk's salary changed 4448 Tax Commissioner, minimum compensation for deputy 3949 PLAINS, CITY OF Charter amended, Municipal Court created 3649 POLITICAL SUBDIVISIONS Safety deposit boxes authorized 672 POLK COUNTY Board of Commissioners, salary changes 4019 PORTERDALE, TOWN OF Council meetings changed 3343

Page 4832

POWDER SPRINGS, CITY OF Charter amended, Art. VIII repealed 2653 Charter amended, corporate boundaries changed 3218 PROFESSIONAL STANDARDS COMMISSION Services by members 999 PRACTICE AND PROCEDURE Administrative Procedure Act amended, rules 1520 Jurisdiction; long arm statute amended 586 Jurisdiction of traffic cases 1037 PRESTON, CITY OF New Charter 2994 PRISONS Production of prisoners for out-of-state proceedings 847 Sanitation inspections, required less often 761 PUBLIC ACCOUNTANCY ACT OF 1977 Enacted 1063 PUBLIC DOCUMENTS Directors of Archives authorized to recover 567 Stealing or altering, provisions changed 568 PUBLIC SECURITIES Facsimile signatures authorized 633 PUBLIC TRANSPORTATION CODE Airport development provisions 868 Definition of construction changed 267 Department of Transportation, assistance to railroads 870 Self-liquidating redefined 1285 PULASKI COUNTY Commissioners' salaries changed 3674 Probate Court, salary changes 3683 Sheriff's office, salaries changed 3678 Superior Court clerk's salary changed 3680 Tax Commissioner's and deputies' salaries changed 3676

Page 4833

Q QUITMAN, CITY OF Board of Commissioners' salaries changed 3604 R RABUN COUNTY Superior court clerk's salary changed 2629 RANDOLPH COUNTY Small Claims Court created 3440 REAL ESTATE BROKERS Deceased, payments to estate 691 REAL PROPERTY Certain tax sale redemption act repealed 295 RESIDENTIAL FINANCE AUTHORITY ACT Amended 259 Investment provisions changed 603 RETIREMENT See also Teachers Dalton, City of, employees' retirement changed 2601 Employees' Retirement System Act amended, life insurance eligibility changed 670 Firemen's pension act amended, certain municipalities (300,000 or more) 320 Municipal employees' pensions, refunds in certain cities (more than 150,000) 1169 Pension act amended in certain counties (300,000 or more) 318 Policemen's pension act amended, certain municipalities (300,000 or more) 319 Public school employees, benefits changed 597 Public school employees, prior service credits, etc. 311 Sheriffs, benefits, increased 1291 Sheriffs Retirement Fund bond deleted, etc. 645 Superior Court judges, procedures upon member's withdrawal 607 Teachers, allowance changed 599 Teachers benefits increased 1011 Teachers, changes 825 Teachers, coverage changed 1135

Page 4834

Teachers, options upon divorce 841 State employees, service for retirement 1096 REVENUE Ad valorem tax, homes for aged exempted 1152 Certain ad valorem tax provision for sinking fund deleted 294 Certain tax delinquency provisions changed, etc. 292 Certain taxation terms concerning net income conformed to U.S. Internal Revenue Code 723 Cigarette tax stamp, requirements changed 293 County property taxes, collections pending appeal 903 County taxes, development of trade 845 Death benefits, exempt organizations, deductible from income tax 1133 Double tax for failure to file, repealed 196 Homestead exemption expanded, certain counties (10,450-10,650) 1314 Income tax, dependent care expenses 772 Intangible property taxes, notes secured by real property, changes 635 Malt beverage tax act amended 1154 Motor vehicle tax, exemption for disabled veterans proposed amendment to constitution 1578 Municipal ad valorem tax, changes 1226 Municipal excise taxes, on alcoholic beverages other than beet 744 Municipal taxation, for benefit of development authorities 1034 Penalty tax on corporations, changed 297 Personal property tax exemption, deleted 299 Sales tax amended, certain institutes exempted 590 Sales taxmillage changed for multi-county cities 1008 Tangible Property Tax Act amended, installment payments 622 Tax collectors, certain record keeping not required 291 Tax on real property transfers, certain deeds exempted 680 Taxation of transients' property 301 RICHMOND COUNTY Board of Commissioners, bond required 4559 Employees, compensation and organization 3701 Facsimile signatures on certain checks, etc. 3344 ROCKDALE COUNTY Board of Commissioners created 2817 Coroner's salary changed 2839 County commissioner's salary changed 2840 Probate Court salaries changed, etc. 2842

Page 4835

Public Defender's salary changed 2846 Rockdale-Newton boundary changed 2983 Sheriff's office, personnel and salaries, etc. 2848 Superior Court salaries changed 2844 Tax Commissioner's personnel; salary changes 2837 ROME, CITY OF Charter amended; Board of Education's salaries set 2797 ROOPVILLE, TOWN OF Homestead exemption, proposed amendment to constitution 1604 ROSSVILLE, CITY OF Charter amended, terms of office changed 2873 S SANITARIANS Professional sanitarians, act amended 1108 SAVANNAH BEACH TYBEE ISLAND, CITY OF Charter amended, elections changed 2877 SAVANNAH, CITY OF City and county public employees, pensions, prior service redefined, etc. 3959 Mayor etc. may issue bonds, proposed amendment to constitution 1583 SAVANNAH PORT AUTHORITY Development powers changed 184 Industrial development powers expanded 898 SCHLEY COUNTY Board of Commissioners, terms staggered, etc. 2952 Board of Education, terms staggered, etc. 2952 SCREVEN COUNTY State court judge's and solicitor's salaries changed 3152 SHARON, CITY OF Charter amended, election provisions 3748

Page 4836

SHERIFFS See named counties for salary changes Qualifications changed 1171 Retirement benefits increased 1291 SMALL CLAIMS COURT Ben Hill, created 2972 Bryan County, created 4504 Candler County, created 3132 Certain counties, jurisdiction and costs changed (6415-6505) 2649 Coffee County, procedures changed 2918 Created in certain counties (7040-7055) 270 Dodge County, created 4135 Elbert County, created 2940 Evans County, created 2616 Fayette County, created 4243 Jeff Davis County, created 4097 Jurisdiction and costs changed in certain counties (34,500-39,500) 177 Lowndes County, proceedings changed 2736 Randolph County, created 3440 Thomas County, created 4043 Walton County, created 4057 SMITHVILLE, CITY OF New charter 2510 SMYRNA, CITY OF Charter amended, corporate limits increased 3906 SPALDING COUNTY Certain officers, salary changes 4217 Coroner's salary changed 4238 Tax Commissioner's compensation changed 2791 STATE EMPLOYEES Coercive solicitation of political contributions, prohibited 1035 Self-dealing, some professionals exempted 813 Service for retirement changed 1096 STATE EXAMINING BOARDS Joint-secretary, provisions changed 758

Page 4837

STATE GOVERNMENT Agencies, self-insurance 1051 Development of state-owned realty, expenditures 872 State contractors, nonprofit, reporting requirements 1045 Regulatory agencies, review and termination 961 STATE PARKS Certain uses prohibited 1175 STATE PROPERTIES CONTROL CODE Amended, members reduced, etc. 685 STEPHENS COUNTY Board of Commissioners' compensation changed 3905 Development Authority, payment for pollution control 3838 School districts set 3875 School superintendent authorized 3880 STEWART COUNTY Deputy sheriff's salary changed 3880 STRUCTURAL PEST CONTROL ACT Amended, definitions changed 701 SUMMERTOWN, TOWN OF Mayor and Council, terms to be two years 3853 SUPERIOR COURTS Superior Court clerks' minimum salaries changed 547 SUPREME COURT Authorized to answer certified questions from federal courts 577 Jurisdiction of certain criminal appeals transferred to Court of Appeals 710 T TALBOT COUNTY Superior court clerk's compensation changed 2744 TALLULAH FALLS, TOWN OF Fines imposed by mayor and council 4008

Page 4838

TAYLOR COUNTY Tax Commissioner's salary changed 3120 TATTNALL COUNTY Sheriff's compensation changed 3156 Superior Court clerk's compensation changed 3154 TAX ASSESSORS Age requirements 666 Certain persons ineligible 302 Equalization Boards, qualifications changed 588 Reporting of building permits 1130 TAX COLLECTORS Certain record keeping not required 291 Salary act amended in counties where 50% of population reside on U.S. property 187 Settlement and reporting duties, certain counties (30,000 or more) 1162 TAX COMMISSIONERS Compensation changed in certain counties (180,000-190,000) 347 Salary act repealed in certain counties (35,000-44,000) 234 TAX RECEIVERS Entry on tax digests, etc. 300 Statistics of the blind, repealed 172 TEACHERS Retirement benefits increased 1011 Retirement, certain university, etc., personnel eligible 1159 Retirement, coverage changed 1135 TEMPLE, CITY OF Charter amended, city limits changed 4519 Homestead exemption, proposed amendment to constitution 1598 THOMAS COUNTY Board of Commissioners, compensation changed 2705 Small Claims Court created 4043

Page 4839

THOMASTON, CITY OF Method of filling official vacancies 4054 TIFT COUNTY Board of Commissioners, chairman's salary 4086 Probate Court judge, Commissioners to fix salary 4475 Sheriff's salary 4084 Superior Court clerk, salary to be fixed by Commissioners 4474 Tax Commissioner's salary 4088 TIFTON, CITY OF Annexation referendum authorized 3894 New charter 4353 TOCCOA, CITY OF City limits expanded 4391 TOOMBS COUNTY Board of Commissioners, elections, districts, etc. 3927 TOURISTS Tourist center provided near home of U.S. President in Georgia 200 TOWNS COUNTY Board of Education to appoint school superintendent 3974 Superior Court clerk, salary and assistants, etc. 3972 Tax collector, salary provided 4464 Water and Sewerage Authority Act changed 2694 TRAFFIC Hours for headlights specified 667 TRAPPERS AND FUR DEALERS Regulations 1270 TREUTLEN COUNTY State Court, judge's salary 3883 State Court, jury trials 3886 TROUP COUNTY Airport Authority established 3387

Page 4840

Board of Commissioners, elections and salaries changed 3282 Sheriff's and deputies' salaries changed 3606 Small Claims Court, judge pro hac vice 3279 TRUSTS Merger of trust into corporation, procedures 719 TWIGGS COUNTY Board of Commissioners, changes 3611 Probate Court, management changes 2727 Superior Court clerk's salary changed 2721 Tax Commissioner's compensation changed 2724 U UNADILLA, CITY OF New charter 3079 UNEMPLOYMENT COMPENSATION Changes 850 Fraud, limitations 781 UNION CITY Homestead exemption for aged, low-income residents, proposed amendment to constitution 1572 Probate judge, compensation changed 2703 Sheriff's salary changed 3122 UPSON COUNTY Probate judge's compensation changed 2749 Sheriff's compensation changed 2751 V VALDOSTA, CITY OF City limits changed 4273 VIENNA, CITY OF New charter 2880 VILLA RICA, CITY OF City Manager and Attorney, changes 4092 Homestead exemption, proposed amendment to constitution 1600

Page 4841

VOTING Challenge of absentee; ballot 725 Preparation of absentee ballots 684 Requirements for absentee ballots 683 W WALKER COUNTY Commissioner's salary changed 4344 Superior Court salary changes 2870 Tax Commissioner, salary and expense fund created 3322 Water and Sewerage Authority Act 3303 WALTON COUNTY Cost of living increases for certain officials 3924 Small Claims Court created 4057 WARE COUNTY Justices of the peace, proposed amendment to constitution 1617 WAREHOUSES Warehouse Act amended, bonding requirements set 289 WARM SPRINGS, CITY OF Mayor's and Council's compensation changed 2811 WARNER ROBINS, CITY OF Corporate limits set 3467 Qualifications of mayor, etc., changed 4671 Recall provisions changed for mayor and council 4036 WARREN COUNTY Board of Commissioners established 3951 Sheriff may appoint personnel 3233 Superior Court, deputy clerk's salary changed 3746 Tax Commissioner, salary and personnel, etc. 3919 WASHINGTON, CITY OF Charter amended, ordinance violations, penalties 2799 WASHINGTON COUNTY Probate judge's salary changed 3071 Sheriff's personnel and salary, etc. 3115

Page 4842

WATER Safe Drinking Water Act of 1977 351 Water Quality Control Act Amended 368 Water Well Standards advisory council, organization, etc. 1506 WAYNE COUNTY Sheriff's salary changed 3069 WEBSTER COUNTY Commissioner's clerk's salary changed 3744 Sheriff's personnel, salaries, etc. 3890 WHEELER COUNTY Tax Commissioner, annual salary 2963 WHITESBURG, CITY OF Homestead exemption, proposed amendment to constitution 1594 New charter 4173 WHITE COUNTY Banks as dispositories of county funds 4563 Commissioners' compensation changed 2717 Tax Commissioner, income and expenses, etc. 3685 WHITFIELD COUNTY Board of Commissioners' salaries changed 3455 WILCOX COUNTY Commissioners' salaries changed 3660 Commissioners' salary provisions changed 3661 Sheriff's salary changed 3658 WILKINSON COUNTY Sheriff's appointment power, personnel 3203 WORKMEN'S COMPENSATION Employers must permit inspections 771 Subsequent injury trust fund established 608 WORTH COUNTY State Court, Judge's and solicitor's compensation changed 2746 Y YEAR'S SUPPORT Notice provisions changed 545

Page 4843

POPULATION OF GEORGIA COUNTIES County 1970 1960 1950 1940 1930 1920 Appling 12,726 13,246 14,003 14,497 13,314 10,594 Atkinson 5,879 6,188 7,362 7,093 6,894 7,656 Bacon 8,233 8,359 8,940 8,096 7,055 6,460 Baker 3,875 4,543 5,952 7,344 7,818 8,298 Baldwin 34,240 34,064 29,706 24,190 22,878 19,791 Banks 6,833 6,497 6,935 8,733 9,703 11,814 Barrow 16,859 14,485 13,115 13,064 12,401 13,188 Bartow 32,911 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,171 13,633 14,879 14,523 13,047 14,599 Berrien 11,556 12,038 13,966 15,370 14,646 15,573 Bibb 143,366 141,249 114,079 83,783 77,042 71,304 Bleckley 10,291 9,642 9,218 9,655 9,133 10,532 Brantley 5,940 5,891 6,387 6,871 6,895 Brooks 13,743 15,292 18,169 20,497 21,330 24,538 Bryan 6,539 6,226 5,965 6,288 5,952 6,343 Bulloch 31,585 24,263 24,740 26,010 26,509 26,133 Burke 18,255 20,596 23,458 26,520 29,224 30,836 Butts 10,560 8,976 9,079 9,182 9,345 12,327 Calhoun 6,606 7,341 8,578 10,438 10,576 10,225 Camden 11,334 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,412 6,672 8,063 9,103 8,991 9,228 Carroll 45,404 36,451 34,112 34,156 34,272 34,752 Catoosa 28,271 21,101 15,146 12,199 9,421 6,677 Charlton 5,680 5,313 4,821 5,256 4,381 4,536 Chatham 187,816 188,299 151,481 117,970 105,431 100,032 Chattahoochee 25,813 13,011 12,149 15,138 8,894 5,266 Chattooga 20,541 19,954 21,197 18,532 15,407 14,312 Cherokee 31,059 23,001 20,750 20,126 20,003 18,569 Clarke 65,177 45,363 36,550 28,398 25,613 26,111 Clay 3,636 4,551 5,844 7,064 6,943 5,557 Clayton 98,126 46,365 22,872 11,655 10,260 11,159 Clinch 6,405 6,545 6,007 6,437 7,015 7,984 Cobb 196,793 114,174 61,830 38,272 35,408 30,437 Coffee 22,828 21,953 23,961 21,541 19,739 18,653 Colquitt 32,298 34,048 33,999 33,012 30,622 29,332 Columbia 22,327 13,423 9,525 9,433 8,793 11,718 Cook 12,129 11,822 12,201 11,919 11,311 11,180 Coweta 32,310 28,893 27,786 26,972 25,127 29,047 Crawford 5,748 5,816 6,080 7,128 7,020 8,893 Crisp 18,087 17,768 17,663 17,540 17,343 18,914 Dade 9,910 8,666 7,364 5,894 4,146 3,918 Dawson 3,639 3,590 3,712 4,479 3,502 4,204 Decatur 22,310 25,203 23,620 22,234 23,622 31,785 DeKalb 415,387 256,782 136,395 86,942 70,278 44,051 Dodge 15,658 16,483 17,865 21,022 21,599 22,540 Dooly 10,404 11,474 14,159 16,886 18,025 20,522 Dougherty 89,639 75,680 43,617 28,565 22,306 20,063 Douglas 28,659 16,741 12,173 10,053 9,461 10,477 Early 12,682 13,151 17,413 18,679 18,273 18,983 Echols 1,924 1,876 2,494 2,964 2,744 3,313 Effingham 13,632 10,144 9,133 9,646 10,164 9,985 Elbert 17,262 17,835 18,585 19,618 18,485 23,905 Emanuel 18,357 17,815 19,789 23,517 24,101 25,862 Evans 7,290 6,952 6,653 7,401 7,102 6,594 Fannin 13,357 13,620 15,192 14,752 12,969 12,103 Fayette 11,364 8,199 7,978 8,170 8,665 11,396 Floyd 73,742 69,130 62,899 56,141 48,677 39,841 Forsyth 16,928 12,170 11,005 11,322 10,624 11,755 Franklin 12,784 13,274 14,446 15,612 15,902 19,957 Fulton 605,210 556,326 473,572 392,886 318,587 232,606 Gilmer 8,956 8,922 9,963 9,001 7,344 8,406 Glascock 2,280 2,672 3,579 4,547 4,388 4,192 Glynn 50,528 41,954 29,046 21,920 19,400 19,370 Gordon 23,570 19,228 18,922 18,445 16,846 17,736 Grady 17,826 18,015 18,928 19,654 19,200 20,306 Greene 10,212 11,193 12,843 13,709 12,616 18,972 Gwinnett 72,349 43,541 32,320 29,087 27,853 30,327 Habersham 20,691 18,116 16,553 14,771 12,748 10,730 Hall 59,405 49,739 40,113 34,822 30,313 26,822 Hancock 9,019 9,979 11,052 12,764 13,070 18,357 Haralson 15,927 14,543 14,663 14,377 13,263 14,440 Harris 11,520 11,167 11,265 11,428 11,140 15,775 Hart 15,814 15,229 14,495 15,512 15,174 17,944 Heard 5,354 5,333 6,975 8,610 9,102 11,126 Henry 23,724 17,619 15,857 15,119 15,924 20,420 Houston 62,924 39,154 20,964 11,303 11,280 21,964 Irwin 8,036 9,211 11,973 12,936 12,199 12,670 Jackson 21,093 18,499 18,997 20,089 21,609 24,654 Jasper 5,760 6,135 7,473 8,772 8,594 16,362 Jeff Davis 9,425 8,914 9,299 8,841 8,118 7,322 Jefferson 17,174 17,468 18,855 20,040 20,727 22,602 Jenkins 8,332 9,148 10,264 11,843 12,908 14,328 Johnson 7,727 8,048 9,893 12,953 12,681 13,546 Jones 12,270 8,468 7,538 8,331 8,992 13,269 Lamar 10,688 10,240 10,242 10,091 9,745 Lanier 5,031 5,097 5,151 5,632 5,190 Laurens 32,738 32,313 33,123 33,606 32,693 39,605 Lee 7,044 6,204 6,674 7,837 8,328 10,904 Liberty 17,569 14,487 8,444 8,595 8,153 12,707 Lincoln 5,895 5,906 6,462 7,042 7,847 9,739 Long 3,746 3,874 3,598 4,086 4,180 Lowndes 55,112 49,270 35,211 31,860 29,994 26,521 Lumpkin 8,728 7,241 6,574 6,223 4,927 5,240 McDuffie 15,276 12,627 11,443 10,878 9,014 11,509 McIntosh 7,371 6,364 6,008 5,292 5,763 5,119 Macon 12,933 13,170 14,213 15,947 16,643 17,667 Madison 13,517 11,246 12,238 13,431 14,921 18,803 Marion 5,099 5,477 6,521 6,954 6,968 7,604 Meriwether 19,461 19,756 21,055 22,055 22,437 26,168 Miller 6,424 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 18,956 19,652 22,528 23,261 23,620 25,588 Monroe 10,991 10,495 10,523 10,749 11,606 20,138 Montgomery 6,099 6,284 7,901 9,668 10,020 9,167 Morgan 9,904 10,280 11,899 12,713 12,488 20,143 Murray 12,986 10,447 10,676 11,137 9,215 9,490 Muscogee 167,377 158,623 118,028 75,494 57,558 44,195 Newton 26,282 20,999 20,185 18,576 17,290 21,680 Oconee 7,915 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,598 7,926 9,958 12,430 12,927 20,287 Paulding 17,520 13,101 11,752 12,832 12,327 14,025 Peach 15,990 13,846 11,705 10,378 10,268 Pickens 9,620 8,903 8,855 9,136 9,687 8,222 Pierce 9,281 9,678 11,112 11,800 12,522 11,934 Pike 7,316 7,138 8,459 10,375 10,853 21,212 Polk 29,656 28,015 30,976 28,467 25,141 20,357 Pulaski 8,066 8,204 8,808 9,829 9,005 11,587 Putnam 8,394 7,798 7,731 8,514 8,367 15,151 Quitman 2,180 2,432 3,015 3,435 3,820 3,417 Rabun 8,327 7,456 7,424 7,821 6,331 5,746 Randolph 8,734 11,078 13,804 16,609 17,174 16,721 Richmond 162,437 135,601 108,876 81,863 72,990 63,692 Rockdale 18,152 10,572 8,464 7,724 7,247 9,521 Schley 3,097 3,256 4,036 5,033 5,347 5,243 Screven 12,591 14,919 18,000 20,353 20,503 23,552 Seminole 7,059 6,802 7,904 8,492 7,389 Spalding 39,514 35,404 31,045 28,427 23,495 21,908 Stephens 20,331 18,391 16,647 12,972 11,740 11,215 Stewart 6,511 7,371 9,194 10,603 11,114 12,089 Sumter 26,931 24,652 24,208 24,502 26,800 29,640 Talbot 6,625 7,127 7,687 8,141 8,458 11,158 Taliaferro 2,423 3,370 4,515 6,278 6,172 8,841 Tattnall 16,557 15,837 15,939 16,243 15,411 14,502 Taylor 7,865 8,311 9,113 10,768 10,617 11,473 Telfair 11,394 11,715 13,221 15,145 14,997 15,291 Terrell 11,416 12,742 14,314 16,675 18,290 19,601 Thomas 34,562 34,319 33,932 31,289 32,612 33,044 Tift 27,288 23,487 22,645 18,599 16,068 14,493 Toombs 19,151 16,837 17,382 16,952 17,165 13,897 Towns 4,565 4,538 4,803 4,925 4,346 3,937 Treutlen 5,647 5,874 6,522 7,632 7,488 7,664 Troup 44,466 47,189 49,841 43,879 36,752 36,097 Turner 8,790 8,439 10,479 10,846 11,196 12,466 Twiggs 8,222 7,935 8,308 9,117 8,372 10,407 Union 6,811 6,510 7,318 7,680 6,340 6,455 Upson 23,505 23,800 25,078 25,064 19,509 14,786 Walker 50,691 45,264 38,198 31,024 26,206 23,370 Walton 23,404 20,481 20,230 20,777 21,118 24,216 Ware 33,525 34,219 30,289 27,929 26,558 28,361 Warren 6,669 7,360 8,779 10,236 11,181 11,828 Washington 17,480 18,903 21,012 24,230 25,030 28,147 Wayne 17,858 17,921 14,248 13,122 12,647 14,381 Webster 2,362 3,247 4,081 4,726 5,032 5,342 Wheeler 4,596 5,342 6,712 8,536 9,149 9,817 White 7,742 6,935 5,951 6,417 6,056 6,105 Whitfield 55,108 42,109 34,432 26,105 20,808 16,897 Wilcox 6,998 7,905 10,167 12,755 13,439 15,511 Wilkes 10,184 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,393 9,250 9,781 11,025 10,844 11,376 Worth 14,770 16,682 19,357 21,374 21,094 23,863 Total 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

Page 4846

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 4848

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 4850

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1977-1978 Name District Address Allgood, Thomas F. 22nd 712 Montrose Ct. Augusta 30904 Ballard, W. D. Don 45th 405 Haygood St. Oxford 30267 Banks, Peter L. 17th 314 Thomaston St., Barnesville 30204 Barker, Ed 18th 244 Peachtree Cir. Warner Robins 31093 Barnes, Roy E. 33rd 639 Maran Lane Mableton 30059 Bell, Robert H. Bob 5th 2535 Henderson Mill Rd., N.E. Atlanta 30345 Bond, Julian 39th 361 Westview Dr., S.W. Atlanta 30310 Brantley, Haskew H., Jr. 56th 6114 Riverside Dr., 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 1968 Waycross 31501 English, Bill 21st Rt. 6, Box 46 Swainsboro 30401 Evans, Todd 37th 2914 Natl. Bank of Ga. Bldg. Atlanta 30303 Fincher, W. W. (Bill), Jr. 54th 615 Green Rd. Chatsworth 30705 Foster, John C. 50th Box 100 Cornelia 30531 Gillis, Hugh 20th R.F.D. 3 Soperton 30457 Greene, Richard L. 26th Suite 517, First National Bank Bldg. Macon 31201 Hill, Render 29th P.O. Box 246 Greenville 30222 Holloway, Al 12th P.O. Box 588 Albany 30701 Howard, Pierre 42nd 600 First Natl. Bank Bldg. Decatur 30030 Hudgins, Floyd 15th 2440 Manchester Expressway Columbus 31904 Hudson, Perry J. 35th 3380 Old Jonesboro Road, Hapeville 30354 Johnson, Ed 34th 6510 Ashdale Dr. College Park 30349 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 277 Calhoun 30701 Lester, Jimmy 23rd 1st Federal Savings Bldg. 985 Broad Street Augusta 30902 McGill, Sam P. 24th Washington 30673 Overby, Howard T. 49th P.O. Box 636 Gainesville 30501 Paulk, James L. (Jimmy) 13th Box M Fitzgerald 31750 Pearce, H. Norwood 16th P.O. Box 2312 Columbus 31902 Reynolds, Steve 48th 297 Craig Dr. 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 Scott, Thomas R. 43rd 2887 Alameda Trail Decatur 30034 Shapard, Virginia 28th Drawer K Griffin 30224 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 Route 1 Norman Park 31771 Tate, Dr. Horace E. 38th 621 Lilla Dr., S. W. Atlanta 30310 Thompson, Joe 32nd P.O. Box 1045 Smyrna 30080 Timmons, Jimmy Hodge 11th 132 South Woodlawn St. Blakely 31723 Traylor, Mell 3rd Route 1, Box 94A1 Pembroke 31321 Turner, Loyce W. 8th 608 Howellbrook Dr. Valdosta 31601 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N.E., Atlanta 30319 Walker, James Ronald (Ronnie) 19th Sweet Gum Rd., P.O. Box 461 McRae 31055 Wessels, Charles 2nd P.O. Box 8002 Savannah 31402

Page 4853

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1977-1978 District Name Address 1 John R. Riley P.O. Box 9641, Savannah 31402 2 Charles Wessels P.O. Box 8002, Savannah 31402 3 Mell Traylor Rt. 1, Box 94A1, Pembroke 31321 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 5 Robert H. Bob Bell 2535 Henderson Mill Rd., N.E., Atlanta 30345 6 Roscoe E. Dean, Jr. 612 Cherry St., Jessup 31545 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 8 Loyce W. Turner 608 Howellbrook Dr., Valdosta 31601 9 Franklin Sutton Rt. 1, Norman Park 31771 10 Henry P. Russell, Jr. Rt. 1, Boston 31626 11 Jimmy Hodge Timmons 132 South Woodlawn St., Blakely 31723 12 Al Holloway P.O. Box 588, Albany 31702 13 James L. Jimmy Paulk Box M, Fitzgerald 31750 14 Hugh A. Carter P.O. Box 97, Plains 31780 15 Floyd Hudgins 2440 Manchester Expressway, Columbus 31904 16 H. Norwood Pearce P.O. Box 2312, Columbus 31904 17 Peter L. Banks 314 Thomaston St., Barnesville 30204 18 Ed Barker 244 Peachtree Cir., Warner Robins 31093 19 James Ronald Ronnie Walker Sweet Gum Rd., P.O. Box 461, McRae 31055 20 Hugh Gillis R.F.D. 3, Soperton 30457 21 Bill English Rt. 6, Box 46, Swainsboro 30401 22 Thomas F. Allgood 712 Montrose Court, Augusta 30904 23 Jimmy Lester First Federal Bldg., 985 Broad St., Augusta 30902 24 Sam P. McGill Washington 30673 25 Culver Kidd P.O. Box 370, Milledgeville 31061 26 Richard L. Greene Suite 517, First National. Bank Bldg., Macon 31201 27 W. Lee Robinson 864 Winchester Circle, Macon 31204 28 Virginia Shapard Drawer K, Griffin 30224 29 Render Hill P.O. Box 246, Greenville 30222 30 J. Ebb Duncan P.O. Box 26, Carrollton 30117 31 Nathan D. Dean 340 Wingfoot Street, Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30080 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 34 Ed Johnson 6510 Ashdale Dr., College Park 30349 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 36 Jack L. Stephens 2484 Macon Dr., S.E., Atlanta 30315 37 Todd Evans 2914 National Bank of Ga. Bldg., Atlanta 30303 38 Dr. Horace E. Tate 621 Lilla Drive, S. W., Atlanta 30310 39 Julian Bond 361 Westview Dr., S. W., Atlanta 30310 40 Paul D. Coverdell Suite 6071447 Peachtree St., N.E., Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Pl., N.E., Atlanta 30319 42 Pierre Howard 600 First National Bank Bldg., Decatur 30030 43 Thomas R. Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 45 W. D. Don Ballard 405 Haygood St., Oxford 30267 46 Paul C. Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O. Box 37, Hartwell 30643 48 Steve Reynolds 297 Craig Dr., Lawrenceville 30245 49 Howard T. Overby P.O. Box 636, Gainesville 30501 50 John C. Foster Box 100, Cornelia 30531 51 J. Beverly Langford P.O. Box 277, Calhoun 30701 52 Sam W. Doss, Jr. P.O. Box 431, Rome 30161 53 E. G. Summers P.O. Box 499, LaFayette 30728 54 W. W. (Bill) Fincher, Jr. 615 Green Rd., Chatsworth 30705 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 56 Haskew H. Brantley, Jr. 6114 Riverside Dr., N.W., Atlanta 30328

Page 4855

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 4857

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1977-1978 Name District Address Adams, G. D. 36 532 St. Johns Ave., S.W. Atlanta 30315 Adams, Marvin 79 709 Greenwood Road Thomaston 30286 Anderson, Wendell T., Sr. 8-Post 3 Route 4 Canton 30114 Argo, Bob 63 P.O. Box 509 Athens 30601 Auten, Dean G. 154 628 King Cotton Road Brunswick 31520 Bargeron, Emory E. 83 801 Walnut St. P.O. Box #447 Louisville 30434 Battle, Joseph A. (Joe) 124 2308 Ranchland Drive Savannah 31404 Baugh, Wilbur Edwin 108 Box 926 - Gordon Road Milledgeville 31061 Beckham, Bob 89 P.O. Box 1533 Augusta 30903 Beck, James M. 148 2427 Westwood Drive Valdosta 31601 Benefield, Jimmy W. 72-Post 2 6656 Morning Dove Pl. Jonesboro 30236 Birdsong, Kenneth (Ken) W. 103 820 Gray Hwy. Macon 31201 Bishop, Sanford D., Jr. 94 1214 1st Avenue, Suite 540, P.O. Box 709 Columbus 31902 Bolster, Paul 30 1043 Ormewood Ave., S.E., Atlanta 30316 Bray, Claude A., Jr. 70 617 Mayes Way Manchester 31816 Buck, Thomas B., III 95 P.O. Box 196 Columbus 31902 Burruss, A. L. 21-Post 2 P.O. Box 6338-A Marietta 30065 Burton, Joe 47 2598 Woodwardia Road, N.E. Atlanta 30345 Butler, Don L. 56-Post 1 2803 Norgate Ln. Decatur 30034 Canty, Mrs. Henrietta Mathis 38 2211 Cascade Rd., S.W. Atlanta 30311 Carlisle, John R. 71-Post 1 1644 South Sixth St. Griffin 30223 Carnes, Charles L. 43-Post 1 1100 Spring St., N.W., Suite 315 Atlanta 30309 Carrell, Bobby 75 RFD 2 Monroe 30655 Cason, Gary C. 96 3128 College Dr. Columbus 31907 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 Dr. Decatur 30030 Clark, Betty J. 55 2139 Flat Shoals Road, S.E. Atlanta 30316 Clark, Louie Max 13-Post 1 RFD #2 Danielsville 30633 Clifton, A.D. 107 Route 2, P.O. Box 157 Metter 30439 Coleman, Terry L. 118 1201 Fourth Ave. Eastman 31023 Collins, Marcus E., Sr. 144 Rt. 1, Box 90 Pelham 31779 Colwell, Carlton 4-Post 1 P.O. Box 6 Blairsville 30512 Connell, Jack 87 706 Montrose Ct., P.O. Box 308 Augusta 30903 Cooper, Bill 19-Post 3 2432 Powder Springs Rd., S.W. Marietta 30064 Cox, Walter E. 141 202 West St. Bainbridge 31717 Crosby, Tom, Jr. 150 310 Albany Ave. Waycross 31501 Culpepper, Bryant 98 Quail Hollow Fort Valley 31030 Daniel, G. F. (Danny), Jr. 88 1936 Walton Way Augusta 30904 Daugherty, J.C., Sr. 33 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 Davis, Burl 99 1991 Pinehill Dr. Macon 31201 Dean, Douglas C. 29 356 Arthur St., S.W. Atlanta 30310 Dent, R.A. 85 1120 Pine St. Augusta 30901 Deveaux, Clinton E. 28 1204 Life of Georgia Tower, Atlanta 30308 Dixon, Harry D. 151 1303 Coral Road Waycross 31501 Dover, Bill 11 Timbrook Hollywood 30523 Edwards, Ward 110 P.O. Box 146 Butler 31006 Elliott, Ewell H. (Hank), Jr. 49 3743 Doroco Dr. Doraville 30040 Evans, Warren D. 84 P.O. Box 670 Thomson 30824 Felton, Mrs. Dorothy 22 465 Tanacrest Drive, N.W., Atlanta 30328 Foster, Paul W. 152-Post 1 P.O. Box 679 Blackshear 31516 Foster, R. L. 6-Post 2 4899 Tibbs Bridge Rd., S.E., Dalton 30720 Galer, Mary Jane 97 7236 Lullwater Road Columbus 31904 Gammage, Lynn 17 106 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 Greene, Joel R. 138-Post 2 P.O. Box 907 Jesup 31545 Greer, John W. 43-Post 3 802 Healey Building Atlanta 30303 Ham, Benson 80 20 E. Main St. Forsyth 31029 Hamilton, Mrs. Grace T. 31 582 University Place, N.W., Atlanta 30314 Hanner, Bob 130 Route 1 Parrott 31777 Harris, B. B., Sr. 60 3028 Hwy. 120 Duluth 30136 Harris, Joe Frank 8-Post 1 712 West Avenue 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 1360 Harvard Rd., N.E. Atlanta 30306 Hays, Forest, Jr. 1-Post 2 St. Elmo R#3 Chattanooga, Tenn. 37409 Hill, Bobby L. 127 923 W. 37th St. Savannah 31401 Holmes, Bob 39 2421 Poole Road, S.W. Atlanta 30311 Horne, Frank 104 612 Georgia Power Building, Macon 31201 Horton, Gerald Talmadge 43-Post 2 1230 Healey Building 57 Forsyth St., N.W. Atlanta 30303 Housley, Eugene (Gene) 21-Post 1 3158 Canton Highway Marietta 30066 Howell, Mobley 140 800 Lakewood Dr. P.O. Box 348 Blakely 31723 Hudson, Ted 137 301 Glynn Ave. Fitzgerald 31750 Hutchinson, R. S. Dick 133 915 6th Avenue Albany 31705 Irvin, Jack 10 Route 1 Baldwin 30511 Irvin, Robert A. 23 Box 325 Roswell 30075 Isakson, Johnny 20-Post 1 970 Richmond Hill Dr. Marietta 30067 Jackson, Jerry D. 9-Post 3 P.O. Box 7275 Chestnut Mountain 30502 Jessup, Ben 117 101 Cherry St. Cochran 31014 Johnson, Gerald L. 66-Post 1 P.O. Box 815 Carrollton 30117 Johnson, Phil 74 P.O. Box 846, 1144 College St. Covington 30209 Johnson, Rudolph 72-Post 4 6126 Navaho Trail Morrow 30260 Johnston, Joe J. 56-Post 2 4334 Riverwood Circle Decatur 30035 Jones, Bill 78 P.O. Box 3933 Jackson 30233 Jones, Herbert Jr. 126 413 Arlington Rd. Savannah 31406 Kaley, Max D. 19-Post 2 260 Washington Ave. Marietta 30060 Karrh, Randolph C. 106 P.O. Drawer K. Swainsboro 30401 Kemp, Ren D. 139 P.O. Box 497 Hinesville 31313 Keyton, James W. 143 137 Woodland Dr. Thomasville 31792 Kilgore, Thomas Mac 65 1992 Tara Circle Douglasville 30135 Knight, Nathan G. 67 P.O. Box 1175 Newnan 30263 Lambert, E. R. 112 126 Washington St. Madison 30650 Lane, Dick 40 2704 Humphries Street East Point 30344 Lane, W. Jones 81 P.O. Box 484 Statesboro 30458 Lee, Wm. J. Bill 72-Post 1 5325 Hillside Dr. Forest Park 30050 Lenderman, Mike 53 1000 Montreal Road, 49-B, Clarkston 30021 Linder, John R. 44 5039 Winding Branch Dr., Dunwoody 30338 Logan, Hugh 62 1328 Prince Ave. Athens 30601 Long, Bobby 142 6th Street, N.W. P.O. Box 202 Cairo 31728 Looper, Max R. 8-Post 2 P.O. Box 57 Dawsonville 30534 Lord, Jimmy 105 P.O. Box 254 Sandersville 31082 Lucas, David E. 102 448 Woolfolk St. Macon 31201 Mann, Charles C. 13-Post 3 238 Elbert Street Elberton 30635 Marcus, Sidney J. 26 845 Canterbury Rd., N.E., Atlanta 30324 Matthews, Dorsey R. 145 Route 1 Moultrie 31768 McCollum, T. Hayward 134 701 Cordele Road Albany 31705 McDonald, Lauren (Bubba), Jr. 12 Rt. 2, Box 408A Commerce 30529 McKinney, J. E. Billy 35 765 Shorter Ter., N.W. Atlanta 30318 Milford, Billy 13-Post 2 Route 3 Hartwell 30643 Money, Jerry H. 5 RFD #3, Box 536 Summerville 30747 Mostiler, John L. 71-Post 2 1102 Skyline Dr. Griffin 30223 Mullinax, Edwin G. (Ed) 69 P.O. Drawer 1649 LaGrange 30241 Murphy, Thomas B. 18 P.O. Box 163 Bremen 30110 Murray, Bill 116 124 W. Forsyth St. Americus 31709 Nessmith, Paul E., Sr. 82 Route #4 Statesboro 30458 Nichols, Michael C. 27 903 Myrtle St., N.E. Atlanta 30309 Nix, Ken 20-Post 3 3878 Manson Ave. Smyrna 30080 Noble, Bill 48 1523 Oak Grove Road Decatur 30033 Oldham, Lucian K. 14 5 Vineland Dr. Rome 30161 Owens, Ray 77 Route 1 Appling 30802 Parham, Bobby Eugene 109 811 N. Cobb St. Medical Arts Pharmacy Milledgeville 31061 Patten, Grover C. 146-Post 1 515 S. Hutchinson Ave. Adel 31620 Patten, Robert L. 149 Route 1, Box 180 Lakeland 31635 Peters, Robert G. 2 P.O. Box 550 Ringgold 30736 Phillips, L. L. Pete 120 Box 166 Soperton 30457 Phillips, R. T. (Tom) 59 1703 Pounds Rd. Stone Mountain 30087 Phillips, W. Randolph 91 Shiloh 31826 Pilewicz, Greg 41 2307 Plantation Drive East Point 30344 Pinkston, Frank 100 850 Ga. Power Bldg. Macon 31201 Rainey, Howard H. 135 201 8th St. South Cordele 31015 Ralston, Ernest 7 P.O. Box 623 Calhoun 30701 Ramsey, Tom 3 P.O. Box 295 Chatsworth 30705 Randall, William C. (Billy) 101 P.O. Box 121 Macon 31202 Reaves, Henry L. 147 Route 2 Quitman 31643 Richardson, Eleanor L. 52 755 Park Lane Decatur 30033 Robinson, Cas 58 4720 Fellswood Drive Stone Mountain 30083 Ross, Ben Barron 76 Sunrise Drive, P.O. Box 245 Lincolnton 30817 Rowland, J. Roy 119 103 Woodridge Road Dublin 31021 Rush, Dewey D. 121 Route 4, Box 266 Glennville 30427 Russell, John D. 64 P.O. Box 588 Winder 30680 Savage, John 25 69 Inman Cir. Atlanta 30309 Scott, Al 123 859 East 31st St. Savannah 31401 Scott, David 37 190 Wendell Dr., S.E. Atlanta 30315 Sizemore, Earleen 136 Route 3 Sylvester 31791 Smith, Virlyn B., Sr. 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 Steinberg, Cathey W. 46 3231B Buford Hwy., N.E. Atlanta 30329 Stone, R. Bayne 138-Post 1 208 Hester Street Hazlehurst 31539 Swann, David J. 90 3420 Heather Dr. Augusta 30909 Taggart, Tom 125 139 Whitaker St. Savannah 31401 Thompson, Albert W. 93 P.O. Box 587 Columbus 31902 Tolbert, Tommy 56-Post 1 1569 Austin Dr. Decatur 30032 Toles, E. B. 16 Broad Street Rome 30161 Townsend, Kiliaen (Kil) V. R. 24 213 Townsend Pl., N.W. Atlanta 30327 Triplett, Tom 128 415 Cantyre St. Port Wentworth 31407 Truluck, Ronnie 86 Rt. #2, Box 190 Hephzibah 30815 Tucker, Ray Marks 73 9 Atlanta Street McDonough 30253 Tuten, James R., Jr. 153 528 Newcastle St. Brunswick 31520 Twiggs, Ralph 4-Post 2 P.O. Box 432 Hiawassee 30546 Vaughn, Clarence R., Jr. 57 981 Milstead Ave. P.O. Box 410 Conyers 30207 Veazey, Monty 146-Post 2 P.O. Box 1572 Tifton 31794 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 Watkins, Lottie Heywood 34 107 Mathewson Pl., S.W. Atlanta 30314 Watson, Roy H. (Sonny), Jr. 114 P.O. Box 1905 Warner Robins 31093 Wheeler, Bobby A. 152-Post 2 Route 1 Alma 31510 White, John 132 Route 2, Higgins Drive Albany 31707 Whitmire, Doug 9-Post 2 3666 Lamplighters Cove Gainesville 30501 Williams, Rev. Hosea L. 54 8 East Lake Dr., N.E., Atlanta 30317 Williams, Roger 6-Post 1 132 Huntington Road Dalton 30720 Williamson, George 45 3358 Rennes Dr. Atlanta 30319 Wilson, Joe Mack 19-Post 1 77 Church Street Marietta 30060 Wood, Jim 72-Post 3 5676 Sequoia Drive Forest Park 30050 Wood, Joe T. 9-Post 1 P.O. Box 736 Gainesville 30501

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1977-78 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 1-Post 2 Forest Hays, Jr. St. Elmo, Rt. 3 Chatt., Tenn. 37409 2 Robert G. Peters P.O. Box 550 Ringgold 30736 3 Tom Ramsey P.O. Box 295 Chattsworth 30705 4-Post 1 Carlton Colwell P.O. Box 6 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 Jerry R. Money RFD #3, Box 536 Summerville 30747 6-Post 1 Roger Williams 132 Huntington Road Dalton 30720 6-Post 2 R. L. Foster 4899 Tibbs Bridge Rd., S.E. Dalton 30720 7 Ernest Ralston P.O. Box 623 Calhoun 30701 8-Post 1 Joe Frank Harris 712 West Avenue Cartersville 30120 8-Post 2 Max R. Looper P.O. Box 57 Dawsonville 30534 8-Post 3 Wendell T. Anderson, Sr. Route 4 Canton 30114 9-Post 1 Joe T. Wood P.O. Box 736 Gainesville 30501 9-Post 2 Doug Whitmire 3666 Lamplighters Cove Gainesville 30501 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mtn. 30502 10 Jack Irvin Route 1 Baldwin 30511 11 Bill Dover Timbrook Hollywood 30523 12 Lauren (Bubba) McDonald, Jr. Rt. 2, Box 408-A Commerce 30529 13-Post 1 Louie Max 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 Lucian K. Oldham Central Plaza Shopping Center Rome 30161 15 E. M. (Buddy) Childers 15 Kirkwood Street Rome 30161 16 E. B. Toles Broad St. Rome 30161 17 Lynn Gammage 106 North College St. Cedartown 30125 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 77 Church Street Marietta 30060 19-Post 2 Max D. Kaley Office: 260 Washington Ave., Marietta 30060 Home: 1554 Lancaster Drive, Marietta 30062 19-Post 3 Bill Cooper 2432 Powder Springs Rd., S.W. Marietta 30067 20-Post 1 Johnny Isakson 970 Richmond Hill Dr. Marietta 30067 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30060 20-Post 3 Ken Nix 3878 Manson Avenue Smyrna 30080 21-Post 1 Eugene (Gene) Housley 3158 Canton Highway Marietta 30066 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 22 Mrs. Dorothy Felton 465 Tanacrest Dr., N.E. Atlanta 30328 23 Robert A. Irvin Box 325 Roswell 30075 24 Kiliaen (Kil) V.R. Townsend 213 Townsend Pl., N.W. Atlanta 30327 25 John Savage 69 Inman Cir. Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Road, N.E. Atlanta 30324 27 Michael C. Nichols 903 Myrtle St., N.E. Atlanta 30309 28 Clinton E. Deveaux 1204 Life of Georgia Tower Atlanta 30308 29 Douglas C. Dean 356 Arthur Street, 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, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 34 Lottie Heywood Watkins 107 Mathewson Place, S.W. Atlanta 30314 35 J. E. (Billy) McKinney 765 Shorter Ter., N.W. Atlanta 30318 36 G. D. Adams 532 St. Johns Ave., S.W. Atlanta 30315 37 David Scott 190 Wendell Drive, S.E. Atlanta 30315 38 Mrs. Henrietta Mathis Canty 2211 Cascade Rd., S.W. Atlanta 30311 39 Bob Holmes 2421 Poole Road, S.W. Atlanta 30311 40 Dick Lane 2704 Humphries St. East Point 30344 41 Greg Pilewicz 2307 Plantation Drive East Point 30344 42 Virlyn B. Smith 330 Rivertown Road Fairburn 30213 43-Post 1 Charles L. Carnes 1100 Spring St., N.W.; Suite 315 Atlanta 30309 43-Post 2 Gerald Talmadge Horton 1230 Healey Building 57 Forsyth St., N.W. 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 Cathey W. Steinberg 3231-B Buford Highway N.E. 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. 3743 Doroco Drive Doraville 30040 50 John Hawkins 1360 Harvard Rd., N.E. Atlanta 30306 51 Mrs. Mobley (Peggy) Childs 520 Westchester Drive Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mike Lenderman 1000 Montreal Rd., 49-B Clarkston 30021 54 Rev. Hosea L. Williams 8 East Lake Dr., N. E. Atlanta 30317 55 Betty J. Clark 2139 Flat Shoals Road, S.E. Atlanta 30316 56-Post 1 Don L. Butler 4080 Ballina Dr. Decatur 30034 56-Post 2 Joe J. Johnston 4334 Riverwood Circle Decatur 30035 56-Post 3 Tommy Tolbert 1569 Austin Drive Decatur 30032 57 Clarence R. Vaughn, Jr. 981 Milstead Ave. P. O. Box 410 Conyers 30207 58 Cas Robinson 4720 Fellswood Drive Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Road Stone Mountain 30087 60 B. B. Harris, Sr. 3028 Highway 120 Duluth 30136 61 Vinson Wall 120 McConnell Drive Lawrenceville 30245 62 Hugh Logan 1328 Prince Avenue Athens 30601 63 Bob Argo P.O. Box 509 Athens 30601 64 John D. Russell P.O. Box 588 Winder 30680 65 Thomas Mac Kilgore 1992 Tara Circle Douglasville 30135 66-Post 1 Gerald L. Johnson P.O. Box 815 Carrollton 30117 66-Post 2 Tom Glanton 539 North White Street Carrollton 30117 67 Nathan G. Knight P.O. Box 1175 Newnan 30263 68 J. Crawford Ware P.O. Box 305 Hogansville 30230 69 Edwin G. (Ed) Mullinax P.O. Drawer 1649 LaGrange 30241 70 Claude A. Bray, Jr. 617 Mayes Way Manchester 31816 71-Post 1 John R. Carlisle 1644 South Sixth St. 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 30053 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Pl. Jonesboro 30236 72-Post 3 Jim Wood 5676 Sequoia Drive Forest Park 30050 72-Post 4 Rudolph Johnson 6126 Navaho Trail Marrow 30260 73 Ray Marks Tucker 9 Atlanta S. McDonough 30253 74 Phil Johnson Home: Rt. 6, Hickory Lane Covington Bus.: P. O. Box 846, 1144 College St. Covington 30209 75 Bobby Carrell RFD 2 Monroe 30655 76 Ben Barron Ross Sunrise Dr. P.O. Box 245 Lincolnton 30817 77 Ray Owens Route 1 Appling 30802 78 Bill Jones P.O. Box 3933 Jackson 30233 79 Marvin Adams 709 Greenwood Road Thomaston 30286 80 Benson Ham 20 E. Main St. 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 801 Walnut St. P.O. Box 447 Louisville 30434 84 Warren D. Evans P.O. Box 670 Thomson 30824 85 R. A. Dent 1120 Pine St. Augusta 30901 86 Ronnie Truluck Rt. 2, Box 190 Hephzibah 30815 87 Jack Connell Res: 706 Montrose Ct. Augusta 30904 Mailing: P.O. Box 308 Augusta 30904 88 G. F. (Danny) Daniel, Jr. 1936 Walton Way Augusta 30904 89 Bob Beckham P.O. Box 1533 Augusta 30903 90 David J. Swann 3420 Heather Drive Augusta 30909 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 Sanford D. Bishop, Jr. 1214 1st Ave., Suite 540 P.O. Box 709 Columbus 31902 95 Thomas B. Buck, III Post Office Box 196 Columbus 31902 96 Gary C. Cason 3128 College Dr. Columbus 31907 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 98 Bryant Culpepper Quail Hollow Fort Valley 31030 99 Burl Davis 1991 Pinehill Dr. Macon 31201 100 Frank Pinkston 850 Ga. Power Bldg. Macon 31201 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Kenneth (Ken) W. Birdsong 820 Gray Hwy. Macon 31201 104 Frank Horne 612 Ga. Power Bldg. Macon 31201 105 Jimmy Lord P.O. Box 254 Sandersville 31082 106 Randolph C. Karrh P. O. Drawer K Swainsboro 30401 107 A. D. Clifton Route 2, Box 157 Metter 30439 108 Wilbur Edwin Baugh Box 926Gordon Road Milledgeville 31061 109 Bobby Eugene Parham Medical Arts Pharmacy 811 N. Cobb St. Milledgeville 31061 110 Ward Edwards P.O. Box 146 Butler 31006 111 Don Castleberry P.O. Box 377 Richland 31825 112 E. R. Lambert 126 Washington Street Madison 30650 113 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31093 115 Larry Walker P.O. Box 1234 Perry 31069 116 Bill Murray 124 W. Forsyth St. Americus 31709 117 Ben Jessup 101 Cherry Street Cochran 31014 118 Terry L. Coleman 1201 4th Avenue Eastman 31023 119 J. Roy Rowland 103 Woodridge Rd. 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 Al Scott 859 East 31st St. Savannah 31401 124 Joseph A. (Joe) Battle 2308 Ranchland Drive Savannah 31404 125 Tom Taggart 139 Whitaker Street Savannah 31401 P.O. Box 9012 Savannah 31402 126 Herbert Jones, Jr. 413 Arlington Road Savannah 31406 127 Bobby L. Hill 923 W. 37th St. Savannah 31401 128 Tom Triplett 415 Cantyre St. Port Wentworth 31407 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 Rt. 2, Higgins 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 Joel R. Greene P.O. Box 907 Jesup 31545 139 Ren D. Kemp P.O. Box 497 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. P.O. Box 202 Cairo 31728 143 James W. Keyton 137 Woodland Drive Thomasville 31792 144 Marcus E. Collins, Sr. Route 1, Box 90 Pelham 31779 145 Dorsey R. Matthews Route 1 Moultrie 31768 146-Post 1 Grover C. Patten 515 S. Hutchinson Ave. Adel 31620 146-Post 2 Monty Veazey P.O. Box 1572 Tifton 31794 147 Henry L. Reaves Route 2 Quitman 31643 148 James M. Beck 2427 Westwood Drive Valdosta 31601 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. Hm.: 705 Wacona Dr., Bus.: 310 Albany Ave. 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 James R. Tuten, Jr. 528 Newcastle St. Brunswick 31520 154 Dean G. Auten 628 King Cotton Road Brunswick 31520

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1976 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 1976 26 2 24 TOTALS 832 42 42 748

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REFERENDUM ELECTIONS1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 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

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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. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206

Page 4879

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 For 107 Agn 58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For 463 Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (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 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area vote: Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For 18,393 Agn 2,001 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 For 292 Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 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 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41, Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831

Page 4882

Georgia Laws, 1957: County Page No. SUBJECT Election Date of Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18

Page 4884

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11-4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11-4-58 For 749 Agn 98 White 3224 County Commissioners Not held

Page 4888

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn1629

Page 4891

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For276 Agn 522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11- 8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County Officerscompensation 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For 2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For 3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3- 2-60 For 1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806

Page 4895

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn445 Outside City vote: For12, 269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For886; Agn759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page 4898

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-04-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6-1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5-9-62 For 1 Agn 3 Fulton 2854 City of East Point 5-9-62 For 1 Agn 6 Fulton 2861 City of East Point 5-9-62 For 6 Agn 31 Fulton 3130 City of East Point 5-9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City: For385; Agn108 Outside City: For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County: For6612; Agn9103 City of Columbus: For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11-6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11-6-62 For 626 Agn 129 Putnam 3048 Tax Commissioner 11-6-62 For548 Agn184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed area: For13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21

Page 4901

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page 4904

Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9- 9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For 509 Agn 502 For 692 For 93 Pickens 2066 Board of County Commissioners 3- 4-64 For1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368 Tift 2900 Board of County Commissioners 5-13-64 For 1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For 2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For 4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For 4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For 4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For 3817 Agn2807 Wilkinson 2314 Tax Commissioner 11- 3-64 For 933 Agn 863

Page 4907

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7- 8-64 For 7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

Page 4908

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For 1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 Tax Commissionercompensation 6-16-65 For 943 Agn 361

Page 4910

Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn- 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

Page 4912

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9- 1-67 For 33 Agn 3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6- 7-67 For 663 Agn 570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135 Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11- 7-67 For 1001 Agn2317 Houston 3244 County Board of Education 11- 7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4- 3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5- 3-67 For 1258 Agn 598 Newton 2784 Board of County Commissioners 5- 3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9- 6-67 For 454 Agn 52 Pike 3152 County Board of Education 9- 6-67 For 441 Agn 65 Polk 2718 County Board of Education 11- 5-68 For 3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11- 7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For 1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5- 2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 For 1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

Page 4915

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11- 5-68 For 14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11- 5-68 For 11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

Page 4919

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For 1600 Agn 718 Sec. 2 For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7- 2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6-4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11-3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7-2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6- 4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7- 5-69 For 118 Agn 293

Page 4923

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 For 57 Agn 51 Bryan 3191 City of Richmond Hill 5-26-70 For 84 Agn 154 Bulloch 2790 County Board of Education 6-10-70 For 903 Agn 698 Calhoun 2361 Sheriff Personnel 4-23-70 For 121 Agn 120 Camden 3278 Tax Commissioner 11- 3-70 For648 Agn 476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For 49 Agn 114 Charlton 3270 County Board of Education 5-19-70 For 293 Agn 307 Charlton 3274 County Commissioners 5-19-70 For 272 Agn 328 Chatham 2018 Town of Thunderbolt 4-14-70 For 306 Agn 29 Chatham 2080 City of Savannah Beach-Tybee Island 4- 6-70 For 339 Agn 205 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 Agn 773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn 595 Elbert 2321 County Treasurer 11- 3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11- 3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn 350 Monroe 3030 County Board of Education 11- 3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn 2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11- 3-70 For807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

Page 4926

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 Bibb 3926 County Board of Education 11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335 Agn 1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 Agn 1,049 Gwinnett 3613 City of Duluth 6- 7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6- 7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7- 6-71 Present City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11- 7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11- 7-72 For 768 Agn 540 Pierce 2496 Sheriff 11- 7-72 For 813 Agn 477 Pierce 2888 County CommissionerChrm. 11- 7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10- 2-71 For 586 Agn 254 Polk 3770 City of Aragon 6- 2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6- 9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm. 6- 9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11- 7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8- 8-72 For 403 Agn 1,730 Bibb 2136 Board of Public Education 11- 2-71 For10,399 Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043

Page 4930

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sect. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8- 8-72 For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8- 8-72 For 940 Agn 1,377 Brantley 3145 Salary of deputy sheriffs 8- 8-72 For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8- 8-72 For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8- 8-72 For 841 Agn 1,396 Brantley 3710 City of Nahunta 12- 5-73 Election Results not known Camden 3138 Certain county officers salary 8- 8-72 Demo. For 701 Agn 1,109 Rep. For 0 Agn 1 Camden 3705 Create Board of County Commissioners 8- 8-72 Demo. For 679 Agn 1,070 Rep. For 1 Agn 0 Camden 3714 Compensation of Tax Commissioner 8- 8-72 Demo. For 654 Agn 1,114 Rep. For 0 Agn 1 Camden 3717 County Board of Education 8- 8-72 Demo. For 683 Agn 1,050 Rep. For 1 Agn 0 Camden 3770 Small Claims Court of Camden County 8- 8-72 Demo. For 926 Agn 801 Rep. For 1 Agn 0 Chatham 3019 Savannah-Chatham County government 4-10-73 Not held * * Ga. L. 1973, p. 2268 changed date of election. City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5- 9-72 For20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5- 9-72 For 8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8- 8-72 Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8- 8-72 For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8- 8-72 For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11- 7-72 For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11- 7-72 For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11- 7-72 For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386 Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8- 8-72 For 1,410 Agn 616 Heard 2113 Board of county commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72 For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72 For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72 For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total: For 93 Agn 135 McIntosh 2852 City of Darien 11- 7-72 Not Held Macon 2322 Board of county commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 For 1,060 Agn 1,785 Madison 2972 Appt. of county school superintendent 11- 7-72 For 921 Agn 2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 For 654 Agn 608

Page 4936

Georgia Laws 1973, January/February session: County Page No. SUBJECT Election Date of Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 Appling 3677 City of Baxley 9-29-73 Yes 533 No 45 Brantley 3631 City of Nahunta Election Results Not known Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6- 2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11- 6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 Marion 3827 County School Superintendent 11- 5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # 11- 5-74 ** See Below # # This 1973 Act repealed by Georgia Laws 1974, p...... Montgomery 2550 Montgomery County Board of Education 6- 5-73 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

Page 4938

Georgia Laws 1974, January/February session: County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11- 5-74 # # Date of General Election. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11- 5-74 # Yes: 741 No. 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No. 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No. 883 Chatham 2305 City of Savannah Beach-Tybee Island 4- 1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11- 5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11- 5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11- 5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11- 5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6- 8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No. 303 Lowndes 2311 Town of Dasher 6- 1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12- 4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4- 9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6- 5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4- 9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11- 5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11- 5-74 # Yes: 434,559 No: 363,947 8-8-72 Date State Wide Primary Election. 11-7-72 Date General Election. ***Common Day of Rest Act results tabulated infra.

Page 4940

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL

Page 4942

End of Listing for: Georgia Laws 1974, Jan./Feb. Session. Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page 4943

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 Yes: 3,870 No: 10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary Yes: 2,155 No: 527 DeKalb 2752 County Board of Education Districts-terms 5- 4-76 * For: 29,643 Agn: 41,355 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 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890 * * This Act ruled invalid by U.S. Justice Department on August 18, 1975. 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)

Page 4944

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)

Page 4945

Georgia Laws, 1976, January/February Session: County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * * Same date as Presidential Preference Primary Election (May 4, 1976) Proposal No. 1 389 Proposal No. 2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5- 4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment # 1 5- 4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment # 2 Yes: 289 No: 1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5-4 -76 * City Vote Yes: 8,149 No: 11,522 County vote Yes: 8,825 No: 16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11- 2-76 ** ** Same date as November 2, 1976 General Election Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent 11- 2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5- 4-76 * Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5- 4-76 * For: 52,761 Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5- 4-76 * Yes: 1,984 No: 1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5- 4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co. Brd. of Educationcompensation members 5- 4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of Educationcreated 5- 4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5- 4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision of Federal Court. 5- 4-76 * For: 490 Agn: 172 Long 3321 Small Claims Court created 5- 4-76 * Yes: 114 No: 527 Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * Yes: 678 No: 917 Newton 3402 Board of County Commissionersdistricts 5- 4-76 * Yes: 2,980 No: 1,387 Newton 3505 Co. Brd. of Educationelection districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School Superintendentappointed 11- 2-76 ** Yes: 1259 No: 1863 Richmond 4297 Augusta-Richmond County unified government 5- 4-76 * Yes: 11,027 No: 13,417 Proposition #1 Question #1 15,801 Question #2 6,005 Proposition #2 Question #1 9,404 Question #2 10,302 Ware 2811 County Manager 5-4-76 * Yes: 2,194 No: 2,838 Warren 3660 Brd. Co. Commissionersmultimember board 11-2-76 ** Yes: 802 No: 352 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4947

STATUS OF ELECTIONS HELD FOR YEARS 1975-1976 FOR GEORGIA RETAILER'S AND CONSUMERS' SALE AND USE TAX ACT (Ga. L. 1975, p. 984; Ga. L. 1976, p. 1019) Year No. of Elections Held No. Ratified No. Defeated County City County City County City 1975 33 3 16 2 17 1 1976 14 1 8 1 6 TOTAL 47 4 24 3 23 1 1975 Local Option Sales and Use Tax of 1% 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

Page 4948

1976 County Date of Election Result Yes: No: Gordon March 16, 1976 1,206 1,886 Ware March 16, 1976 1,399 1,813 Wayne April 7, 1976 644 2,854 Meriwether May 4, 1976 1,578 1,615 Emanuel July 20, 1976 529 1,396 Hall August 10, 1976 6,876 6,497 Fannin November 2, 1976 2,075 2,070 Taylor November 2, 1976 1,086 817 Peach November 2, 1976 2,190 1,423 Houston December 14, 1976 1,674 4,762 Crisp December 14, 1976 829 700 Dooly December 14, 1976 602 402 Candler December 15, 1976 388 386 Harris December 21, 1976 570 209 City and County Date of Election Result Yes: No: Macon (Bibb County) August 10, 1976 11,164 8,402

Page 4949

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, a new Constitution was published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 2, 1976; and WHEREAS: The number of votes cast for and against the new Constitution voted on in the General Election held November 2, 1976, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the new Constitution are as follows: IN FAVOR OF RATIFICATION AGAINST RATIFICATION 610,516 394,734 NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII. SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed new Constitution, published in the same manner as proposed general Constitutional Amendments, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, be and the same is the Constitution of the State of Georgia of 1976, effective on January 1, 1977. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 22nd day of December, 1976.

Page 4950

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, twenty-seven (27) general Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 2, 1976; and WHEREAS: The number of votes cast for and against the twenty-seven (27) general Constitutional Amendments voted on in the General Election held on November 2, 1976, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed general Constitutional Amendments numbered 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27 and 28 on the ballot, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, are a part of the Constitution of the State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1977. FURTHER: I do further proclaim that the proposed general Constitutional Amendment numbered 21 on the Ballot, not having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, is not a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 21st day of December, 1976.

Page 4951

GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 2, 1976 FOR AGAINST 1. H.R. 462-1226 Res. Act 112 (Ga. L. 1976 P. 1198) Shall the proposed new Constitution be ratified as the Constitution of the State of Georgia? 610,516 394,734 2. H.R. 493-1322 Res. Act 175 (Ga. L. 1976 P. 1785) Shall the Constitution be amended so as to allow a Governor to succeed himself for one four-year term? 772,441 425,208 3. S.R. 313 Res. Act 169 (Ga. L. 1976 P. 1770) Shall the Constitution be amended so as to provide for the removal of disabled Executive Officers? 816,814 222,235 4. S.R. 307 Res. Act 168 (Ga. L. 1976 P. 1767) Shall the Constitution be amended so as to change the name and designation of the Department of Community Development to the Department of Industry and Trade and to change the name and designation of the Board of Community Development to the Board of Industry and Trade? 662,061 307,373 5. H.R. 398-1215 Res. Act 118 (Ga. L. 1976 P. 1755) Shall the Constitution be amended so as to authorize the governing authority of any county or municipality, subject to the approval of the electors of such political subdivision, to exempt from ad valorem taxation all or a part of the value of certain tangible personal property held in certain inventories? 552,458 425,052 6. S.R. 284 Res. Act 167 (Ga. L. 1976 P. 1765) Shall the Constitution be amended so as to authorize local governments to exempt solar energy equipment from ad valorem property taxes until 1986? 652,976 335,159 7. H.R. 69-291 Res. Act 197 (Ga. L. 1976 P. 1862) Shall the Constitution be amended so as to provide that the members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made? 652,464 316,700 8. H.R. 122-477 Res. Act 17 (Ga. L. 1975 P. 1689) Shall the Constitution be amended so as to authorize the Secretary of State to grant corporate charters and powers to persons who wish to form corporations? 582,572 373,631 9. H.R. 200-856 Res. Act 22 (Ga. L. 1975 P. 1696) Shall the Constitution be amended so as to delete therefrom the provisions pertaining to the Board of Corrections and substituting in lieu thereof a Board of Offender Rehabilitation? 579,421 345,546 10. H.R. 77-310 Res. Act 14 (Ga. L. 1975 P. 1683) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to the death of a law enforcement officer, fireman or prison guard killed in the line of duty in an amount not to exceed $50.000? 686,135 322,815 11. H.R. 73-310 Res. Act 13 (Ga. L. 1975 P. 1682) Shall the Constitution be amended so as to require sheriffs to meet minimum standards and training required by general law? 909,760 126,268 12. H.R. 555-1531 Res. Act 204 (Ga. L. 1976 P. 1878) Shall the Constitution be amended so as to increase the amount of loans and scholarships for medical students from $10,000.00 to $15,000.00 and to provide that such loans and scholarships shall be repaid by the applicant by practicing his profession in a community of 15,000 or less within the State of Georgia for a period of five (5) years? 734,829 275,091 13. S.R. 25 Res. Act 2 (Ga. L. 1975 P. 1666) Shall the Constitution be amended so as to provide for a five-member State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration in lieu of the present State Personnel Board? 559,037 364,823 14. H.R. 465-1248 Res. Act 94 (Ga. L. 1976 P. 1749) Shall the Constitution be amended so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such action? 495.021 420.548 15. H.R. 8-48 Res. Act 9 (Ga. L. 1975 P. 1673) Shall the Constitution be amended so as to authorize any county, municipality or subdivision to invest sinking funds held by it to pay off bonded indebtedness in accounts and certificates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation? 600,339 305,606 16. S.R. 116 Res. Act 7 (Ga. L. 1975 P. 1670) Shall the Constitution be amended so as to authorize counties, municipalities and political subdivisions of the State to obtain federal community disaster loans pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288)? 737,269 196,236 17. S.R. 71 Res. Act 165 (Ga. L. 1976 P. 1762) Shall the Constitution be amended so as to provide for the creation of a Subsequent Injury Workmen's Compensation Trust Fund, to be used for the payment of a portion of the expenses of a disability resulting to an employee from a combination of a previous disability with a subsequent injury incurred in employment, to be funded by assessments levied upon workmen's compensation insurance carriers, self-insurers, and by other sources? 620,456 317,918 18. S.R. 97 Res. Act 226 (Ga. L. 1976 P. 1924) Shall the Constitution be amended so as to change the definition of the term income with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term income shall mean adjusted gross income under federal law and to provide that the homestead exemption shall apply to bonded indebtedness? 650,117 253,727 19. S.R. 82 Res. Act 114 (Ga. L. 1976 P. 1753) Shall the Constitution be amended so as to enact legislation treating certain mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes? 652,480 284,593 20. H.R. 464-1247 Res. Act 202 (Ga. L. 1976 P. 1874) Shall the Constitution be amended so as to provide that certain bingo games operated by nonprofit organizations shall be legal in Georgia? 645,536 463,291 21. H.R. 226-896 Res. Act 91 (Ga. L. 1976 P. 1748) Shall the Constitution be amended so as to create, provide the membership of and provide the powers, duties and authority of the State Properties Commission? 402,077 478,129 22. S.R. 42 Res. Act 164 (Ga. L. 1976 P. 1761) Shall the Constitution be amended so as to authorize the General Assembly to exempt from ad valorem taxation certain property of nonprofit homes for the aged which have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations? 751,261 240,896 23. H.R. 494-1333 Res. Act 203 (Ga. L. 1976 P. 1876) Shall the Constitution be amended so as to authorize and direct the Board of Regents to establish a program whereby citizens of this State who are 62 years of age or older may attend certain units of the University System of Georgia without payment of fees when space is available in a course scheduled for resident credit? 706,828 261,358 24. H.R. 803-2013 Res. Act 161 (Ga. L. 1976 P. 1759) Shall the Constitution be amended so the State can receive federal funds for transportation purposes and to authorize the General Assembly to provide by law for the receipt, administration, and disbursement of said funds? 627,197 295,862 25. H.R. 196-841 Res. Act 199 (Ga. L. 1976 P. 1865) Shall the Constitution be amended so as to provide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least twenty-five years in the penitentiary and that such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitentiary; and to provide that the Board shall not have the authority to consider a person convicted of armed robbery for pardon or parole until such person has served at least five years in the penitentiary? 728,440 220,912 26. S.R. 96 Res. Act 6 (Ga. L. 1975 P. 1668) Shall the Constitution be amended so as to amplify and provide for the regulation of outdoor advertising and junk yards and the acquisition of property necessary to such regulation and for the establishment of roadside rest and recreation areas adjacent to the Federal-Aid Highway System? 742,670 204,785 27. S.R. 112 Res. Act 166 (Ga. L. 1976 P. 1764) Shall the Constitution be amended so as to authorize the General Assembly to permit the donation or gift of surplus State-owned books to nonprofit civic, educational or charitable organizations? 760,475 191,242 28. H.R. 276-1073 Res. Act 27 (Ga. L. 1975 P. 1705) Shall the Constitution be amended so as to create the East Point Business and Industrial Development Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of East Point and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of East Point to contract with the Authority and to authorize the City of East Point to create special taxing districts and to levy taxes in said special taxing districts and to expend tax monies derived from said special taxing districts and to authorize the City of East Point to levy taxes and expend tax monies of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of East Point? 448,343 361,992

Page 4957

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, local Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 2, 1976; and WHEREAS: The number of votes cast for and against local Constitutional Amendment Number 56 voted on in the General Election held November 2, 1976, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed local Constitutional Amendment Number 56, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 3, 1976 is a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 4th day of November, 1976, and of the Independence of the United States of America, the Two Hundred and First. FOR AGAINST 56. S.R. 377 Res. Act 172 (Ga. L. 1976 P. 1776) DODGE COUNTY 2,614 740 Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Dodge County by the qualified voters of said County and to provide for education districts in connection therewith?

Page 4958

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, local Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 2, 1976; and WHEREAS: The number of votes cast for and against the local Constitutional Amendments voted on in the General Election held on November 2, 1976, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed local Constitutional Amendments numbered 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 52, 53, 54, 55, 57, 58, 59, 60, 61, 63, 64, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94 and 95 on the ballot, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, are a part of the Constitution of the State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1977. FURTHER: I do further proclaim that the proposed local Constitutional Amendments numbered 47, 48, 51, 62, 65, 66 and 92 on the ballot, not having been ratified according to the Constitution of the State of Georgia according to the results of the November 1976 General Election held on Tuesday, November 2, 1976, are not a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 22nd day of December, 1976, and of the Independence of the United States of America, the Two Hundred and First.

Page 4959

FOR AGAINST 29. H.R. 59-242 Res. Act 12 (Ga. L. 1975 P. 1680) BARROW COUNTY City of Auburn 237 32 Shall the Constitution be amended so as to grant a $2,000 homestead exemption from municipal taxes to the residents of the Town of Auburn? 30. H.R. 810-2037 Res. Act 190 (Ga. L. 1976 P. 1827) BIBB COUNTY 9,685 7,574 City of Macon 7,455 6,234 Shall the Constitution be amended so as to authorize the Macon-Bibb County Urban Development Authority to issue bonds for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving land, buildings and facilities for use by the County of Bibb and the City of Macon, either or both, for their governmental, proprietary or administrative functions; to authorize the Macon-Bibb County Urban Development Authority, the County of Bibb and the City of Macon to enter into contracts and leases pertaining to the use of such facilities for terms not exceeding fifty years, obligating the County of Bibb and the City of Macon to pay such sums as may be agreed upon for the use of such facilities; to authorize the County of Bibb and the City of Macon to levy taxes in order to provide funds to make the payments required under any such contract or lease, and to expend money derived from taxation or other available sources and pledge same as provided in any such contract or lease with the Macon-Bibb County Urban Development Authority; to provide that bonds issued and contracts or leases entered into by the Macon-Bibb County Urban Development Authority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that said amendment is self-enacting and does not require any enabling legislation for it to become effective, but to authorize the General Assembly to amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority in certain specified respects and otherwise in any manner not inconsistent with the provisions of said amendment, and all amendments to said Act heretofore enacted by the General Assembly are hereby ratified and confirmed? CATOOSA COUNTY AND WALKER COUNTY 31. H.R. 812-2048 Res. Act 191 (Ga. L. 1976 P. 1831) Catoosa County 3,853 3,688 City of Fort Oglethorpe (In Catoosa County) 751 602 City of Fort Oglethorpe (In Walker County) 3 1 Shall the Constitution be amended so as to create the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority and create a special taxing district the residents of which then can vote whether or not to allow the Authority to issue bonds to build a stadium? CHATHAM COUNTY 15,997 5,639 32. H.R. 777-1959 Res. Act 223 (Ga. L. 1976 P. 1916) Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all Chatham County ad valorem property taxes, except school taxes, for a period of five years following their establishment or addition? CHATTOOGA COUNTY 2,565 827 33. S.R. 163 Res. Act 8 (Ga. L. 1975 P. 1672) Shall the Constitution be amended so as to provide that fees, costs and fines collected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County shall be the property of the Board of Education of Chattooga County? CLARKE COUNTY 34. H.R. 205-871 Res. Act 23 (Ga. L. 1975 P. 1698) and City of Athens 4,340 1,693 Shall the Constitution be amended so as to provide for the establishment of a Downtown Athens Development Authority and to provide for the powers, duties, and responsibilities of said Authority? 35. H.R. 754-1946 Res. Act 221 (Ga. L. 1976 P. 1912) CLAYTON COUNTY 17,683 11,605 36. H.R. 595-1632 Res. Act 181 (Ga. L. 1976 P. 1797) Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Clayton County shall have jurisdiction from two hundred dollars to five hundred dollars? COBB COUNTY 36,310 22,093 37. H.R. 717-1847 Res. Act 215 (Ga. L. 1976 P. 1898) Shall the Constitution be amended so as to authorize the General Assembly to provide by local act or acts for any matters relative to the disposition of the assets and obligations of any municipality lying wholly within Cobb County which is abolished by the repeal of the act providing a charter for such municipality? COBB COUNTY 49,140 3,530 38. H.R. 722-1877 Res. Act 218 (Ga. L. 1976 P. 1904) Cobb County School District 44,447 12,333 Shall the Constitution be amended so as to exclude certain retirement, survivor or disability benefits in determining eligibility for the homestead exemption of $6,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year? COBB COUNTY 39. H.R. 541-1498 Res. Act 177 (Ga. L. 1976 P. 1789) City of Marietta 5,115 1,073 Shall the Constitution be amended so as to exclude certain retirement, pension or disability benefits, up to a maximum amount, in determining income for the purpose of persons 62 years of age or over or persons who are totally disabled qualifying for the homestead exemption of $2,000.00 from ad valorem taxation by the City of Marietta? 40. H.R. 311-1165 Res. Act 201 (Ga. L. 1976 P. 1872) COBB COUNTY City of Marietta 3,503 2,789 Shall the Constitution be amended so as to authorize the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of said city? COBB COUNTY 41. H.R. 733-1881 Res. Act 219 (Ga. L. 1976 P. 1908) City of Powder Springs 567 32 Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of Powder Springs in an amount of two thousand dollars ($2,000.00) for resident homeowners under the age of 65 and in an amount of four thousand dollars ($4,000.00) for resident homeowners who are 65 years of age or older? COBB COUNTY 42. S.R. 317 Res. Act 227 (Ga. L. 1976 P. 1929) City of Smyrna 3,400 460 Shall the Constitution be amended so as to provide a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year? 43. S.R. Res. Act 171 (Ga. L. 1976 P. 1773) COLQUITT COUNTY 2,886 2,571 City of Moultrie 2,191 1,452 Shall the Constitution be amended so as to change the maximum interest rate on revenue bonds issued by the Moultrie-Colquitt County Development Authority and to authorize said Authority to borrow money from financial institutions? 44. H.R. 584-1569 Res. Act 178 (Ga. L. 1976 P. 1792) COLUMBIA COUNTY 3,291 2,014 Shall the Constitution be amended so as to provide that the Board of Commissioners of Columbia County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Columbia County? 45. H.R. 128-535 Res. Act 19 (Ga. L. 1975 P. 1692) COWETA COUNTY 4,533 2,777 Shall the Constitution be amended so as to authorize the Board of Education of Coweta County to enter into leases, contracts and lease purchase agreements for a term not exceeding 30 years for land, buildings, equipment, or facilities or any combination thereof, to be used for public purposes? 46. H.R. 208-885 Res. Act 24 (Ga. L. 1975 P. 1700) COWETA COUNTY 4,220 2,927 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transhipment facilities, the governing authority of Coweta County or of any municipal corporation within Coweta County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Coweta County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Coweta County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation? 47. H.R. 271-1056 Res. Act 26 (Ga. L. 1975 P. 1704) COWETA COUNTY 3,573 3,893 Shall the Constitution be amended so as to authorize the abolition of justice courts and the office of the justice of the peace and of notary public ex-officio justice of the peace in Coweta County, and to establish in lieu thereof a small claims court? 48. H.R. 23-130 Res. Act 10 (Ga. L. 1975 P. 1675) COWETA COUNTY City of Newnan 1,127 1,588 Shall the Constitution be amended so as to provide for the establishment of a Downtown Newnan Development Authority and to provide for the powers, duties, and responsibilities of said Authority? 49. H.R. 144-606 Res. Act 20 (Ga. L. 1975 P. 1693) CRISP COUNTY 1,983 1,550 Shall the Constitution be amended so as to authorize the County of Crisp to issue revenue anticipation obligations under certain conditions and without an election for electric generation, transmission and distribution systems? 50. H.R. 156-662 Res. Act 21 (Ga. L. 1975 P. 1695) DeKALB COUNTY 90,308 39,779 Shall the Constitution be amended so as to authorize the governing authority of DeKalb County to contract with private firms for garbage and solid waste collection and disposal? 51. S.R. 393 Res. Act 174 (Ga. L. 1976 P. 1783) DeKALB COUNTY 57,470 65,224 Shall the Constitution be amended so as to provide for the allocation for the support and development of the arts in DeKalb County funds equal to the amount of revenue produced by the levy of one-tenth mill against the property tax digest of DeKalb County and to provide that such allocation shall continue for ten years? 52. H.R. 626-1720 Res. Act 182 (Ga. L. 1976 P. 1798) DeKALB COUNTY 73,704 49,252 Shall the Constitution be amended so as to create the DeKalb County Solid Waste Disposal Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, operating and maintaining solid waste disposal facilities with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the foregoing? 53. H.R. 808-2034 Res. Act 189 (Ga. L. 1976 P. 1825) DeKALB COUNTY 89,115 35,114 Shall the Constitution be amended so as to authorize the Board of Commissioners of DeKalb County, Georgia, to pass ordinances, resolutions, rules and regulations permitting payment not in excess of two hundred dollars to owners of personal property injured, damaged or destroyed by employees of DeKalb County, Georgia, who injured, damaged or destroyed same within the scope of their employment? 54. H.R. 590-1591 Res. Act 206 (Ga. L. 1976 P. 1882) DeKALB COUNTY 89,780 33,523 Shall the Constitution be amended so as to provide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge of the Stone Mountain Judicial Circuit appointing a successor to serve out the unexpired term? 55. H.R. 302-1107 Res. Act 200 (Ga. L. 1976 P. 1869) DeKALB COUNTY AND FULTON COUNTY City of Atlanta (In DeKalb County) 2,170 1,79 City of Atlanta (In Fulton County) 42,467 29,77 Shall the Constitution be amended so as to authorize the City of Atlanta to include in future revenue bond issues for certain revenue producing projects under certain circumstances a guarantee that an ad valorem tax not to exceed two mills will be levied to pay a difference between income from such project for one year and bond payments due that year in any year of the issue which includes the guarantee? 57. H.R. 498-1333 Res. Act 176 (Ga. L. 1976 P. 1787) DODGE COUNTY 1,765 95 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transhipment facilities, the governing authority of Dodge County or of any municipal corporation within Dodge County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Dodge County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Dodge County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation? 58. H.R. 864-2084 Res. Act 195 (Ga. L. 1976 P. 1854) DOUGHERTY COUNTY City of Albany 8,917 5,533 Shall the Constitution be amended so as to provide for the establishment of a Central Albany Development Authority to supersede the existing Authority, and to provide for the powers, duties, and responsibilities of said Authority? 59. H.R. 27-144 Res. Act 11 (Ga. L. 1975 P. 1677) DOUGLAS COUNTY 6,977 1,866 Shall the Constitution be amended so as to provide for a procedure for the recall of the clerk of the Superior Court, Judge of the Probate Court, Sheriff, Tax Commissioner, Coroner or members of the Board of Education of Douglas County? 60. H.R. 804-2013 Res. Act 187 (Ga. L. 1976 P. 1821) ECHOLS COUNTY 301 86 Shall the Constitution be amended so as to provide that effective January 1, 1979, the Judge of the Probate Court of Echols County shall be also the Judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law? 61. H.R. 596-1634 Res. Act 207 (Ga. L. 1976 P. 1883) FAYETTE COUNTY 3,625 2,008 Shall the Constitution be amended so as to authorize the governing authority of Fayette County to levy, assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Fayette County, except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over any such businesses? 62. H.R. 857-2077 Res. Act 193 (Ga. L. 1976 P. 1850) FAYETTE COUNTY 2,136 3,758 Shall the Constitution be amended so as to provide that effective January 1, 1981, the County School Superintendent of Fayette County shall be appointed by the Board of Education of Fayette County? 63. H.R. 616-1693 Res. Act 209 (Ga. L. 1976 P. 1887) FLOYD COUNTY 12,574 4,537 Shall the Constitution be amended so as to authorize the governing authority of Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County? 64. H.R. 594-1620 Res. Act 180 (Ga. L. 1976 P. 1796) FORSYTH COUNTY 2,787 2,031 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a merit system or civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County? 65. H.R. 791-1986 Res. Act 224 (Ga. L. 1976 P. 1918) FORSYTH COUNTY 2,216 2,610 City of Cumming 824 753 Shall the Constitution be amended so as to authorize the governing authority of Forsyth County or of any municipal corporation within Forsyth County to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Forsyth County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Forsyth County and stored therein for shipment outside the State? 66. H.R. 793-1995 Res. Act 225 (Ga. L. 1976 P. 1920) FORSYTH COUNTY 1,424 3,408 Shall the Constitution be amended so as to provide that Forsyth County be authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and encouraging the development of trade, commerce, industry, agriculture and employment opportunities in Forsyth County; to provide that such fund may be used to finance, in whole or in part, the cost of acquiring, constructing, equipping, maintaining, operating, extending, repairing, improving and developing land, buildings, structures, utilities, services and facilities for use by new industries locating in Forsyth County or in the expansion of existing industries; to provide that such fund also may be used to finance, in whole or in part, the acquisition, construction, maintenance and development of land, buildings, structures, equipment, utilities, services and facilities for use as an industrial park, an airport or similar transportation or industrial facility; to provide that such fund also may be used to pay for the services of employees or consultants employed or retained to carry out the purposes of said amendment, and in any other manner consistent with accomplishing the purposes thereof, and that it may be held for future development; to provide that the Board of Commissioners of Forsyth County be authorized to use such fund directly, or to contract for the use of such fund to accomplish the purposes of said amendment with the Development Authority of Forsyth County or with any other similar authority hereafter created in order to carry out the purposes thereof; to provide that said amendment and all provisions, rights, powers and authority granted thereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and said amendment and any law enacted with reference thereto shall be liberally construed for the accomplishment of its purposes; and to provide that said amendment is self-enacting and does not require any enabling legislation for it to become effective? 67. H.R. 81-345 Res. Act 198 (Ga. L. 1976 P. 1864) FULTON COUNTY 75,225 45,466 Shall the Constitution be amended so as to extend homestead exemptions from local property taxes to owner occupants of nonprofit cooperative housing corporations in Fulton County? 68. H.R. 586-1577 Res. Act 205 (Ga. L. 1976 P. 1880) FULTON COUNTY 80,844 35,815 Shall the Constitution be amended so as to authorize and empower the governing authority of Fulton County to adopt ordinances or regulations, including traffic regulations for the governing and policing of the unincorporated areas of said County; and for the enactment of punishment or penalties for the violation of such ordinances, and designation of a Court which shall have jurisdiction over such ordinances and regulations? 69. H.R. 622-1708 Res. Act 211 (Ga. L. 1976 P. 1890) GLYNN COUNTY 7,047 3,004 Shall the Constitution be amended so as to authorize the governing authority of Glynn County or of any municipal corporation within Glynn County to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Glynn County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Glynn County and stored therein for shipment outside the State? 70. H.R. 707-1819 Res. Act 214 (Ga. L. 1976 P. 1896) GLYNN COUNTY 4,913 4,369 Shall the Constitution be amended so as to authorize the governing authority of Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises at any time from 11:55 p.m. on Saturdays and two hours immediately following such time and at such other time as authorized by law? 71. H.R. 753-1946 Res. Act 220 (Ga. L. 1976 P. 1910) HALL COUNTY (excluding City of Gainesville) 10,967 3,142 Shall the Constitution be amended so as to provide for staggered terms of office for the members of the Board of Education of Hall County? 72. H.R. 718-1859 Res. Act 216 (Ga. L. 1976 P. 1900) HENRY COUNTY 4,527 2,475 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transshipment facilities, the governing authority of Henry County or of any municipal corporation within Henry County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Henry County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Henry County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation? 73. H.R. 719-1868 Res. Act 217 (Ga. L. 1976 P. 1902) HENRY COUNTY 4,854 2,523 Shall the Constitution be amended so as to authorize the General Assembly to provide by law that law enforcement powers of Henry County shall be vested in the Sheriff of Henry County and that the governing authority of Henry County shall not be authorized to create a county police department or otherwise employ personnel for law enforcement purposes and to authorize the General Assembly to provide by law for any matters necessary or incidental thereto? 74. H.R. 592-1620 Res. Act 179 (Ga. L. 1976 P. 1794) HOUSTON COUNTY 10,473 3,226 Shall the Constitution be amended so as to provide that in Houston County in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education? 75. H.R. 550-1518 Res. Act 99 (Ga. L. 1976 P. 1752) HOUSTON COUNTY 9,006 4,053 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Houston County shall have jurisdiction from $200.00 to $500.00? 76. H.R. 117-445 Res. Act 16 (Ga. L. 1975 P. 1687) HOUSTON COUNTY City of Perry 1,533 438 Shall the Constitution be amended so as to exclude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00 from ad valorem taxes levied by the City of Perry? 77. H.R. 795-1995 Res. Act 186 (Ga. L. 1976 P. 1819) JEFFERSON COUNTY 2,103 389 Shall the Constitution be amended so as to encourage economic development and to promote the orderly development of Georgia's mineral resources by exempting certain capital improvements of mineral-processing and primary metal establishments from ad valorem taxes levied by Jefferson County, with the exception of school taxes, for a period of five years? 78. H.R. 888-2096 Res. Act 196 (Ga. L. 1976 P. 1860) LAURENS COUNTY City of Dublin 1,752 1,246 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the establishment of a Downtown Dublin Development Authority and to provide for the powers, duties, and responsibilities of said Authority? 79. S.R. 381 Res. Act 173 (Ga. L. 1976 P. 1781) LIBERTY COUNTY 601 437 Shall the Constitution be amended so as to change the provisions relating to the membership of the Liberty County Industrial Authority? 80. H.R. 806-2034 Res. Act 188 (Ga. L. 1976 P. 1823) LIBERTY COUNTY 549 438 Shall the Constitution be amended so as to change the provisions relating to the membership of the Liberty County Industrial Authority? 81. H.R. 229-910 Res. Act 25 (Ga. L. 1975 P. 1702) LOWNDES COUNTY 4,567 2,861 Shall the Constitution be amended so as to exempt real property of historical interest and importance, lying within Lowndes County, from ad valorem taxes when such property is owned by nonprofit civic, community, educational, literary or charitable organizations? 82 H.R. 615-1693 Res. Act 208 (Ga. L. 1976 P. 1885) LOWNDES COUNTY City of Hahira 213 37 Shall the Constitution be amended so as to authorize the General Assembly to create a public authority and vest in it the authority to operate a system of telephonic communications in the City of Hahira and those areas now served by the Hahira exchange? 83. H.R. 721-1868 Res. Act 184 (Ga. L. 1976 P. 1812) MITCHELL COUNTY City of Camilla 741 408 Shall the Constitution be amended so as to provide for the establishment of a Downtown Camilla Development Authority and to provide for the powers, duties, and responsibilities of said Authority? 84. H.R. 349-1192 Res. Act 28 (Ga. L. 1975 P. 1724) MUSCOGEE COUNTY 15,978 9,434 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transhipment facilities, the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Muscogee County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Muscogee County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation? 85. H.R. 755-1946 Res. Act 222 (Ga. L. 1976 P. 1913) MUSCOGEE COUNTY 21,130 5,079 Shall the Constitution be amended so as to increase the amount of each homestead of each resident of Muscogee County, which is exempt from county and school taxes, from $2,000.00 to $5,000.00, and to increase from $4,000.00 to $8,000.00 the amount of the homestead of each resident of Muscogee County who is sixty-five (65) years of age or over and whose income does not exceed $4,000.00, which is exempt from ad valorem taxes for county purposes? 86. H.R. 109-434 Res. Act 15 (Ga. L. 1975 P. 1684) NEWTON COUNTY 3,341 1,733 Shall the Constitution be amended so as to authorize the General Assembly to prescribe by law applicable to Newton County the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, and the manner in which tax payments shall be apportioned in Newton County; and to authorize the General Assembly to delegate certain such powers? 87. H.R. 776-1959 Res. Act 185 (Ga. L. 1976 P. 1817) PAULDING COUNTY 2,975 2,136 Shall the Constitution be amended so as to authorize the governing authority of Paulding County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, for any period not exceeding thirty (30) years with individuals, private firms and corporations for the lease, lease-purchase, purchase and acquisition of financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources; and to provide that any obligation made by Paulding County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and IV of the Constitution? 88. H.R. 127-523 Res. Act 18 (Ga. L. 1975 P. 1690) PEACH COUNTY 1,806 870 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Peach County shall have jurisdiction from two hundred dollars to five hundred dollars? 89. H.R. 620-1699 Res. Act 210 (Ga. L. 1976 P. 1888) PIERCE COUNTY 704 341 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Pierce County shall have jurisdiction from $200.00 to $1,000.00? 90. S.R. 342 Res. Act 170 (Ga. L. 1976 P. 1771) SPALDING COUNTY 4,317 2,967 Shall the Constitution be amended so as to authorize the governing authority of Spalding County to levy, assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over any such businesses? 91. H.R. 706-1815 Res. Act 183 (Ga. L. 1976 P. 1810) SPALDING COUNTY 4,410 3,015 Shall the Constitution be amended so as to authorize the governing authority of Spalding County to levy, assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over any such businesses? 92. H.R. 625-1720 Res. Act 213 (Ga. L. 1976 P. 1893) UPSON COUNTY 1,509 2,375 City of Thomaston 1,847 956 Shall the Constitution be amended so as to authorize the Board of Education of the City of Thomaston and the Board of Education of Upson County to contract with each other for periods up to 50 years to create a joint secondary board of education to jointly and equally educate high school students of Thomaston-Upson County, to authorize said boards to delegate to any such joint board any powers possessed by them relative to educating such students except those powers relative to taxation, and to further contract with each other relative to the pro rata ownership of property, real and personal, whether acquired by purchase or by donation, including expenditures therefor and thereon, and to make conveyances pursuant thereto in furtherance of such educational endeavor? 93. H.R. 859-2081 Res. Act 194 (Ga. L. 1976 P. 1851) WARE COUNTY 4,515 1,489 Shall the Constitution be amended so as to provide for procedures for the recall of the Clerk of the Superior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education? 94. H.R. 623-1708 Res. Act 212 (Ga. L. 1976 P. 1892) WAYNE COUNTY 2,127 1,788 Shall the Constitution be amended so as to authorize the governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes? 95. H.R. 846-2071 Res. Act 192 (Ga. L. 1976 P. 1849) WHITFIELD COUNTY 5,546 5,134 Shall the Constitution be amended so as to authorize the General Assembly to create by law a Small Claims Court for Whitfield County?

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State